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DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE PROVINCIAL PROSECUTOR
PROVINCE OF ILOILO
Iloilo City
- versus - For:
RESOLUTION
This resolves the complaint for Murder with rape against DINO A. ILONGGO,
MIKA A. NOTES and ANGELO K. SAYASAYA who were subpoenaed in their last known
address, to file their respective counter affidavits; however, as per return of PO3 North
Carolina S. Alabama of PNP Pototoy, Iloilo, respondents can no longer be located or
their whereabouts are unknown, thus the case is deemed submitted for resolution in
accordance with the rules.
The police investigation report establishes that on or about 2:00 in the morning
of July 1, 2017, Eduardo S. Luy called Pototoy Municipal Police Station that there were
lifeless body lying at Sitio Sakang, Brgy. Monay, Pototoy, Iloilo. The initial investigation
disclosed Eduardo S. Luy found the victims PROCUPIA LAG y BU, 48 years old, widowed,
PRINSESA DIANA G. LUY, 27 years old, married, MIKAELA G. LUY, 11 years old, single,
Angelica G. Luy, 11 years old, single and JUNKIE G. LUY, 1 year old, single all lying lifeless
in there house at Sitio Sakang, Brgy. Monay, Pototoy, Iloilo stabbed by unidentified
persons. In addition Procupia was found without any undergarment while Prinsesa was
completely naked. Victims incurred suspected stabbed wound on the different parts of
their body. That said cadavers were brought to Rural Health Unit of Pototoy, Iloilo and
was declared dead by Dra. Isip B. Drakula and thereafter brought to Baldado Funeral
Homes for Autopsy Examination and further investigation.
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Eye witness EDUARDO S. LUY testified in his sworn statement that at about 1:00
oclock in the morning of July 1, 2017 he went home after his duty and after having
some soup. He tried to call for his wife and children but after an hour and a half, no one
came out to open the gate. He then felt suspicious as the house and its surroundings
were eerily quiet. He decided to climb their fence and peeked into the window of their
house, there inside he saw his mother in law Procupia, lying in the floor drenched in her
own blood and with no under garments, he then preceded to the kitchen where he saw
the door wide open, upon entering he saw his wife Prinsesa lying naked and lifeless in
the floor with several stab wounds and drenched in her own blood, it was then that he
called this police station to inform about the incident. He then went upstairs of their
house to check on his children, there he discovered that the door of the room was
locked and he had to kick the said door to open it. Inside he saw his 3 children Mikaela,
Angelie and Junkie dead, drenched in their own blood with several stab wounds.
Eduardo then went outside of their house to ask for help from his neighbors.
Upon exiting the premises, he saw a puyo-puyo near the fence, upon investigating the
contents of the said bag, he saw a wallet with several IDs and money, in the said bag he
also saw 3 plastic sachets with white substance inside, the other plastic with the same
substance was open and was half empty. He also found a foil and a lighter in the said
bag.
Afterwards their next door neighbour, Mang Angsod approached Eduardo and
told him that about 11:00 PM of June 30, 2017 he saw 3 men came out of their house
running and acting suspicious.
At issue in this case is whether or not there exists a probable cause for the
offense charged.
The following are the elements of murder are: (1) that a person was killed; (2) that the
accused killed him; (3) that the killing was attended by any of the qualifying circumstances
mentioned in Article 248 of the Revised Penal Code; and (4) the killing is not parricide or
infanticide. All requisites are present in this case, such as (1) that the victims, PROCUPIA LAG y
BU, PRINSESA DIANA G. LUY, MIKAELA G. LUY, Angelica G. Luy, and JUNKIE G. LUY, were
killed; (2) that the above named accused killed the deceased; (3) and the unlawful killing by the
accused of a person, was attended by qualifying circumstance Abuse of superior strength
mentioned in Article 248 of the Revised Penal Code which qualifies the killing of the victim to
murder; and (4) that the offenders are not the father, mother or child, or legitimate other
ascendant or legitimate other descendant or spouse of the deceased.
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Mika A. Notes, with lewd design, with force and intimidation did then and there
wilfully, unlawfully and feloniously inserted his penis inside procupia the vagina against
the will and consent of the said complainant. (Please insert circumstances for rape)
RESPECTFULLY SUBMITTED.
FRANK N. STEIN
Asst. Provincial Prosecutor
IBP No. 1021652, 01-08-16
Roll No. 46651
MCLE Compl. No. V 0023182
APPROVED:
Copy Furnish:
- versus - For:
INFORMATION
CONTRARY TO LAW.
FRANK N. STEIN
Asst. Provincial Prosecutor
IBP No. 1058521, 01-03-17
Roll No. 46651
MCLE Compl. No. V 0023182
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Approved:
WITNESSES:
NO BAIL RECOMMENDED
CERTIFICATION
FRANK N. STEIN
Asst. Provincial Prosecutor