REPUBLIC OF THE PHILIPPINES
OFFICE OF THE CITY PROSECUTOR
CEBU CITY
Maya Art N. Soul
Complainant
-versus- I.S. No.11E-03786
Hart N. Lupa For: Homicide
Respondents
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COMPLAINT-AFFIDAVIT
I, Maya Art N. Soul, 20 years old, single, resident of Basak San Nicolas,Cebu City, after
having sworn in accordance with law, do hereby depose and state:
1. That, I am Maya Soul, wife of Pedro Cruz the victim.
2. That on the 23rd of January 2018, I was still at the office waiting for my
husband, it was about 8:30, He usually arrived before 8:00 O’ clock, but that
night, it was already late but my husband hasn’t arrived yet, he usually picks me up at
work.
3. That I couldn’t stay still, I tried calling him, but his phone was out of
coverage. So I decided to wait for him, and after few minutes my phone
rang.
4. That when I answered the phone, I thought it was him but suddenly, it was a
police officer informing that something bad happened to my husband and he
is currently at the hospital.
5. That I immediately left my work place and went to the said hospital. Upon
my arrival, the healthcare team led me to my husband’s hospital bed where
he laid lifeless, later I found out he died of severe bleeding due to the stab
wounds
6. That SPO1 Mario Cano invited me to the station, the officer ask that my
husband have an enemy but according to his friend my husband encountered
trouble to his work.
7. That my husband has a gambling problem together with work mate Hart N. Lupa, betting in
flight schools and cockpit arenas.
8. That after opening my husband’s bank account, I saw that he had almost negative balance
on his account
9. That on the 4th of October 2017, My husband and I met with Mr. Lupa in order for them to
“settle a meeting” my husband said, we went home with him having a wallet full of money.
10. That on the night of my husband’s death the investigators noticed that his wallet and
credit cards have gone missing.
11. According to Joe Raval both my husband’s and Mr. Lupa’s co worker, he said that he saw
Mr. Lupa washing off blood in their office bathroom, he also noticed that a wallet was set
down in the break room table, matching exactly the wallet of my husband.
12. Under Article 249 of the Revised Penal Code, the elements of HOMICIDE are that a
person was killed, the offender killed him without any of the justifying
circumstances, and that the offender killed another without the attendance of any
of the qualifying circumstances of murder. Based on the foregoing facts, all elements of
HOMICIDE are present and are a proper basis in finding probable cause for filing a
criminal complaint against Hart N. Lupa
13. Accordingly, I am executing this affidavit to attest, to the best of my knowledge and
authentic records, to the truthfulness and correctness of the foregoing facts and
to support the filing of a Criminal Case for Homicide against HART N. LUPA
14. I attest that I have not commenced any action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial agency and, to the best of my knowledge, no
such other action or claim is pending in them; and
15. If I should learn that the same or similar action or claim has been filed or is pending after
its filing, I shall report that fact within (5) days from notice to the court or where the
complaint or initiatory pleading has been filed.
To the truth of the foregoing, I have signed this Complaint-Affidavit on February 21,
2018.
Maya Art N. Soul
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, this 21st day of February 2018 at Cebu
City.
Josh S. Mapagmahal
Investigating Prosecutor
CERTIFICATION
I hereby certify that I have personally examined the Affiant and that I am satisfied that she
voluntarily executed and understood her Affidavit.
Josh S. Mapagmahal
Investigating Prosecutor
