REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
Office of the Provincial Prosecutor
Kalibo, Aklan
EDWIN QUIMPO y MATANGGA,
Complainant,
NPS DOC. No. VI-INV-17F-00355
-versus- For: FRUSTRATED MURDER
JERRY CIPRIANO y FLOGIO
REX REGALADO y FERNANDEZ and
RONELO REGALADO y FERNANDEZ
Respondents.
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RESOLUTION
Edwin Quimpo of Barangay Andagao, Kalibo, Aklan, claims that in the
evening of May 27, 2017, he was inside a basketball court located at Sitio Baybay,
Andagao, Kalibo, Aklan as there was a dance in celebration of the feast of their
Barangay. Edwin noticed a group of persons and one of them, identified as Jerry
Cipriano, suddenly appeared behind Edwin. When Edwin turned to face respondent
Jerry, the latter unexpectedly stabbed the former by hitting him on the back. Edwin
positioned to retaliate, but, respondents Rex Regalado and Ronilo Regalado, both
companions of Jerry Cipriano, held the arms of Edwin Quimpo. At that juncture,
while Edwin was being restrained by Ronilo Regalado and Rex Regalado,
respondent Jerry Cipriano stabbed Edwin one more time hitting the left side of his
body. Thereafter, the three respondents ran away. Edwin Quimpo shouted for help
and a certain Jonalyn Bessara brought Edwin to the hospital.
The statement of Edwin Quimpo was corroborated by Dhonnoel Bessara.
Respondents Ronilo (Ronelo) and Rex Regalado both deny the allegations of
the complainant claiming that it was Edwin Quimpo who approached and punched
Jerry Cipriano. Jerry Cipriano retaliated by punching Edwin and then ran away. The
companions of the two respondents that evening of the incident confirmed the
statements of Ronelo Regalado and Rex Regalado.
Respondent Jerry Cipriano asserts that complainant Edwin Quimpo was the
aggressor of the incident that occurred inside the basketball court in the evening of
May 27, 2017. According to respondent Jerry Cipriano, he was dancing with several
others inside the dance area when Edwin Quimpo and his companions surrounded
him. Then Edwin Quimpo suddenly faced Jerry Cipriano and punched him on the
face which caused him to fall on the ground. Although a bit shaken, Jerry got up
and asked Edwin what his problem was, but Edwin punched Jerry again hitting his
jaw. As Edwin was about to hit Jerry again, the latter saw a steel rod and struck
Edwin with a rod and ran away. Jerry said that he was not certain if Edwin was hit
when he struck him with the steel rod. The version of Jerry was supported by his
girlfriend and a certain Lourdie Sarandin.
After weighing the evidence of both parties, the undersigned finds for the
complainant.
Initial investigation of the police as shown in the Incident Report of the
Kalibo Police Station appears that respondents Jerry Cipriano, Ronelo Regalado,
and Rex Regalado, beat up Edwin Quimpo and that Jerry Cipriano stabbed Jerry
Cipriano hitting his abdomen. The initial investigation of the police is usually based
on the statements of unbiased witnesses of the incident, but who are unwilling to
execute affidavits. Unlike the statement of either party to a case, the information
given by witnesses to the police right after an incident occurred is normally
untainted and closer to the truth.
It is evident in the initial investigation of the police that respondents appeared
to have attacked the complainant Edwin Quimpo. The report, although, not perfectly
expressed in the English language, would show that the three respondents were
involved in inflicting physical harm to the complainant Edwin Quimpo.
The undersigned does not see any material inconsistencies in the statement
of the complainant and the initial investigation of the police. On the contrary, the
statements of the complainant Edwin Quimpo and his witness Dhonnoel Bessara
complemented and supplied the details of the initial investigation of the police on
how respondents helped one another in harming Edwin Quimpo.
Respondent Jerry Cipriano advances some issues pertaining to the character
of the complainant Edwin Quimpo, but the character of the complainant is not the
issue to be resolved in this case. The main issue to be determined is whether or not
there is probable cause that a crime has been committed and that respondents are
probably guilty thereof.
Jerry Cipriano also mentions another incident where the companions of
Edwin Quimpo were involved in mauling a certain Marc Andrei Refugio in the
evening of May 27, 2017. Such incident, however, does not involve the complainant
and the undersigned does not see any reason why the same should be taken against
the complainant.
The claim of Jerry Cipriano that he struck the complainant with a metal rod
because he was punched by the complainant is not supported by sufficient evidence.
Respondent Jerry Cipriano submitted photographs of a face of a man showing injury
on the lower portion of the right eye, but, the said photographs do not reflect if the
person on the photographs is the respondent and when are these pictures taken. The
best evidence to show that respondent Jerry Cipriano has sustained injuries on the
date of the incident is a Medical Certificate, but none is submitted to this Office.
Moreover, the undersigned is not convinced that respondent Jerry Cipriano saw by
sheer coincidence a metal rod on the ground which he conveniently used in allegedly
defending himself from the attack of the complainant.
Furthermore, respondent Jerry Cipriano tried to downplay the injury
sustained by the complainant. The Medical Certificate of the complainant shows
that there are surgical procedures performed on the complainant, which to the simple
understanding of the undersigned, involved stitching of intestine. Apparently, the
injury sustained by the complainant is fatal.
Respondents Ronelo Regalado and Rex Regalado argue that they are being
implicated in this case because of the previous quarrel with the complainant Edwin
Quimpo. The undersigned is not persuaded by this argument. As stated in the initial
investigation of the police, the presence and participation of both respondents in the
incident had been immediately established. Moreover, the previous quarrel between
the complainant and the two respondents as factor for the complainant to falsely
accuse respondents of a crime is a baseless assumption. Such previous hostile
relationship between the complainant and the two respondents could even buttress
the claim of the complainant that respondents together were with Jerry Cipriano in
attacking the former as the two respondents would have motives to inflict harm to
Edwin Quimpo.
Taking into account how the complainant was attacked and wounded by the
respondents, there in no other conclusion other than that the three respondents had
conspired with each other and had the intent to kill the complainant. Obviously, the
three respondents had taken advantage of superior strength to weaken the defense
of the complainant when they attacked him. The defense of the complainant was
certainly weakened when respondents Ronelo Regalado and Rex Regalado held his
arms while respondent Jerry Cipriano stabbed the complainant.
Given the injury sustained by the complainant and the manner he was
attacked by respondents, the undersigned finds probable cause that a crime of
Frustrated Murder has been committed and that respondents are probably guilty
thereof.
WHEREFORE, premises considered, the undersigned recommends the filing
of information for Frustrated Murder against respondents.
Kalibo, Aklan, Philippines.
August 31, 2017.
REYNALDO B. PERALTA, JR.
Deputy Provincial Prosecutor
APPROVED:
MA. MAYA BIEN Q. MAYOR-TOLENTINO
Provincial Prosecutor
Copy furnished:
1. Edwin M. Quimpo
Sitio Baybay, Brgy. Andagao
Kalibo, Aklan
2. Atty. Niflem S. Meren
Counsel for respondent Jerry Cipriano
Unit 3 & 4 Cipriano Plaza
Regalado cor. G. Ramos Sts. Kalibo, Aklan
3. Atty. Dan Ta-ay Tejada
Counsel for respondents Ronelo Regalado and Rex Regalado
Public Attorney’s Office
2/F Provincial Capitol Building
Estancia, Kalibo, Aklan
