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"That on or about July 10, 1988 in the morning thereof, at Tumalonton, Barangay Guibanwahan,
Municipality of Balud, Province of Masbate, Philippines, and within the jurisdiction of this Court, the
said accused, with intent to kill, evident premeditation, treachery, conspiring together and helping
one another, did then and there wilfully, unlawfully and feloniously attack, assault and stab with a
deadly weapon one Nonito Villarosa, hitting the latter on the different parts of the body, thereby
inflicting wounds which directly caused instantaneous death." 2

In Criminal Case No. 7887, the Office of the Provincial Prosecutor of Bohol
charged Angel Preciados, Arturo Enad, Emigdio Villamor, Leoncio Algabre, and
Floriano Algabre alias "Loloy" with murder allegedly committed as follows: chan
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That on or about the 12th to the 13th day of May 1992, in the municipality of
Sagbayan, province of Bohol, Philippines and within the jurisdiction of this
Honorable Court, the above-named accused, conspiring, confederating and
mutually helping with (sic) one another, with intent to kill and without
justifiable cause, did then and there, willfully, unlawfully, and feloniously pour
poison into the mouth of one Primo Hilbero whereby causing the victim’s
untimely death; to the damage and prejudice of the heirs of the deceased in
the amount to be proved during the trial. c ralaw

Acts committed contrary to the provisions of Article 248 of the Revised Penal
Code, as amended, with the aggravating circumstances of (1) treachery, the
victim being unaware and unsuspecting and (2) abuse of superior strength,
two of the accused being armed with deadly weapons which they used in
intimidating, threatening and forcing the victim to drink the poison. [2]

Petitioner Noel Villanueva was then a member of the Municipal Council while
private complainant Yolanda C. Castro was then Municipal Vice Mayor, both of
Concepcion, Tarlac. Upon complaint of private complainant, two separate Criminal
Complaints were filed on 9 October 1994 against the petitioner in the 2nd MCTC of
Capas-Bamban-Concepcion, to wit:

CRIMINAL CASE NO. 139-94

For: Grave Oral Defamation

On September 12, 1994 on or about 10:00 in the morning at the SB Office in the
Municipal Building of Concepcion, Tarlac, in the presence of several persons and
again in the afternoon on or about four thirty (4:30 PM) at the Old Session Hall of
the Municipal Building in my presence and in the presence of several persons,
 defendant NOEL L. VILLANUEVA, in a loud voice and within hearing distance of
everyone present, unlawfully, maliciously and feloniously uttered in a serious and
insulting manner at the undersigned complainant the following words:
[]Nagmamalinis ca, ena ca man malinis, garapal ca[] and Balamu mansanas cang
malutu, pero queng quilib ularan ca, tictac carinat (You are pretending to be clean
and honest yet you are not clean and honest, you are corrupt; you are like a red apple,
but inside you are worm infested and extremely dirty), which utterances are serious
and insulting in nature, tending to cause dishonor, discredit and contempt of
undersigned complainant and causing her extreme mental anguish, wound (sic)
feelings, besmirched reputation and serious anxiety for which she is entitled to
recover moral and exemplary damages in an amount to be determined by the
honorable court. Contrary to law.

CRIM.CASE NO. 140-94

For: Slander by Deed

On September 12, 1994 around four thirty (4:30 P.M.) in the afternoon, more or
less, at the Municipal Building of Concepcion, Tarlac, where public authorities are
engaged in the discharge of their duties, and in the presence of several persons, the
accused Noel L. Villanueva while in the process of hurling verbal insults at the
complainant, then and there unlawfully, feloniously and contemptuously gave the
complainant what is commonly known as dirty finger by poking his hand at
complainants face with the middle finger extended and the rest of his fingers half-
closed, an act tending to cause dishonor, discredit and contempt on the complainant
and causing her mental anguish, wounded feelings and moral suffering for which
she is entitled to moral and exemplary damages in an amount to be determined by
the honorable court. Contrary to law.[4]

That on or about the 16th day of February, 1958, in the municipality of Muntinglupa, province of
Rizal, Philippines, and within the jurisdiction of this Honorable Court, the abovenamed accused, who
are convicts confined in the New Bilibid Prisons by virtue of final judgments, conspiring,
confederating and mutually helping and aiding one another, with evident premeditation and
treachery, all armed with deadly weapons, did, then and there, willfully, unlawfully and feloniously kill
Jose Carriego, Eugenio Barbosa and Santos Cruz, also convicts confined in the same institution, by
hitting, stabbing and striking them with ice picks, clubs and other improvised weapons, pointed
and/or sharpened, thereby inflicting upon the victims multiple serious injuries which directly caused
their deaths.

That the aggravating circumstance of quasi-recidivism is present in the commission of the crime in
that the crime was committed after the accused have been convicted by final judgments and while
they are serving the said judgments in the New Bilibid Prisons.

Contrary to law with the following aggravating circumstances:

1. That the crime was committed with insult to public authorities;

2. That the crime was committed by a band;

3. That the crime was committed by armed men or persons who insure or afford impunity;

4. That use of superior strength or means was employed to weaken the defense;

5. That as a means to the commission of the crime doors and windows have been broken;

6. That means was employed which add ignominy to the natural effects of the act;

7. That the crime was committed where public authorities were engaged in the discharge of their
duties.

Republic of the Philippines

National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 147
Makati City

PEOPLE OF THE PHILIPPINES,

Plaintiff,
Crim Case
No. 123456
- versus
- for

Homicide
AKU SADO,
Accused.
x - - - - - - - - - - - - - - - - - - - - -x

INFORMATION
The undersigned Assistant City Prosecutor hereby accuses Aku Sado of
the crime of Homicide committed as follows:

That on or about August 12, 2013, Makati City within the jurisdiction of
this court, the said accused, armed with a bladed weapon, with intent to kill,
did then and there willfully,unlawfully and feloniously attack, assault and stab
one VIC TIMA, thereby inflicting upon him a fatal wound which
directly caused his death.

Contrary to law.
 Makati, Philippines, August 22, 2013.

ATTY. B
EN TONG
Private
Prosecutor

WITNESSES:

MARIA MAKILING JUAN TAMAD

CERTIFICATION

I hereby certify that a preliminary investigation was conducted in the

above-entitled case,and there is prima facie evidence that the crime of
Homicide has been committed and that the accused is probably guilty thereof.

ATTY. B
EN TONG
Private
Prosecutor

Bail Recommended: None