Explain in great detail

saw her with a male companion who Gamboa later identified as the accused-appellant Reymar Masilang. Watching from a safe distance, Gamboa, who was still with John Mark Torres, saw accused- appellant and the girl talking, then accused-appellant handed the girl a hamburger. A child approached the accused-appellant and the girl, presumably begging for food. After the child walked away, accused- appellant and the girl proceeded to a steel and concrete structure housing a tomb, which Gamboa called a "tent." The couple went inside and accused-appellant closed its iron door slightly. Gamboa and Torres moved closer to the back portion of the tented tomb. Gamboa heard accused-appellant telling the girl that he had a surprise for her. Torres made a hand signal which meant that accused- appellant and the girl were about to engage in sex. Gamboa peeped through a hole in the "tent." He saw accused-appellant hacking the girl with a small bolo. The girl's hands were on both sides of her face, while her eyes were covered with a red handkerchief. He heard the girl cry for help. Shocked at what he just saw, Gamboa had to lean against a concrete wall. When he looked again, he saw accused-appellant holding the girl's head and banging it against the front portion of the tomb. Gamboa and his companion ran away. The victim, Rose Yuzon, died from "severe traumatic brain injury secondary to multiple hacking wound." Accused-appellant gave a different version and put up the defense of denial and alibi. Accused- appellant testified that on July 26, 2015, at 7:30 a.m., he was on his way to the house of his aunt, Rosalie Masilang, to help build the fence of her house in P. Cruz Subdivision, Mangino, Gapan City. He brought with him a bolo and a handbag. Before proceeding to his aunt's house, he passed by the Gapan City Cemetery to visit his grandfather's tomb and to meet Rose Yuzon, his girlfriend. He gave Rose a hamburger and told her of his plan to visit his grandfather's tomb, but she refused to let him leave because she was afraid of a suspicious man who seemed to be following her when she entered the cemetery. After a while, appellant told Rose that he had a surprise for her and blindfolded her just as what they used to do. When the revealing of the surprise took longer than expected, Rose exclaimed "lintik," which irritated appellant. He walked away to look for his grandfather's tomb. Less than five minutes later, he heard Rose shouting and crying for help. He could not immediately respond to her as the place was grassy and high-rise tombs blocked his way; thus, he proceeded to the second gate of the cemetery to ask for help from the guards. Before he could reach the second gate, a man approached him and asked if he knew the girl who was killed while pointing to the place where Rose was. Appellant immediately went to see Rose, but another man, later identified as Marcelo Perez, told him not to move or run away from where he was standing. Marcelo Perez, while holding a piece of wood, brought appellant to the location of Rose who was slumped on the floor. Thereafter, the policemen arrested appellant and seized his handbag with his bolo inside and brought him to the police station.Republic of the Philippines National Police Commission PHILIPPINE NATIONAL POLICE LEGAZPI CITY POLICE STATION Alternate Road, Brgy 37, Bitano, Legazpi City E-mail: legazpipop@yahoo.com Tel. Nr. (052) 821-7947 MEMORANDUM FOR Officer in Charge Albay Police Provincial Office Camp General Simeon A. Ola, Legazpi City (Attn: C, PIDMS) SUBJECT Investigation Report Re: Alleged Simple Imprudence Causing Damages to Property (that transpired along Magayon Drive Dona Maria Subdivision, Daraga Albay and) Unjust Vexation with Light Coerdon that transpired at Vinzon St. Albay District, Legazpi City DATE September 16, 2014 I. AUTHORITY: 1. Legazpi City Police Station CPAC 2 Blotter Entries no.0627, 0628, 0629 dated September 14, 2014 and CPO Blotter Entries 1759 and 1760 dated September 15, 2014 Inherent Police Functions WN Standard Operating Procedure II. MATTERS INVESTIGATED: 4. To determine fact and circumstances surrounding the incident. 5 . To determine other relevant matters that would require further police actions. 6. To determine the extent of damages incurred by Chevrolet bearing plate no.WOA-536. III. FACTS OF THE CASE: 7. On or about 11:50 in the evening of September 14, 2014 Brgy. Tanod of Bano, Legazpi City reported and seek police assistance on the alleged vehicular accident at Vinzon St., Albay District, Legazpi City. PO2 Andrew Taduran was dispatched and returned station together with the the alleged involved parties. Upon confrontation at LCPS-CPAC 2 office, Sonny Wilson Merioles y Rejuso, 32 y/o, married, a resident of Legazpi City with temporary rented apartment along Magayon Drive Dona Maria, Subdivision Daraga Albay ( referred to as V1 driver ] requested to put into record that while his vehicle Chevrolet Trail Blazer, color Auburn, bearing plate no. WOA-536 was park unattended at the side of the road fronting his apartment he heard an impact of collision and upon verification a color Red SUV Hit his vehicle and shouted to the driver not to left but fled, he then chased said vehicle by passing F. Aquende Drive, Albay District, until he reached Vinzon St. Old Albay district, Legazpi City. Then and there he found a color Red vehicle and flagged it down andasked the driver where they came from, however Ramon Deona y Pelota, 48 y/o, married a resident of Brgy. 1 Em's Barrio, Legazpi City (referred to as V2 driver), holder of LTO NPDL no. NO2-98-005689, with restriction code 1 & 2 valid until 2015-06-16. The driver of Toyota Revo Wagon, color Maroon, bearing plate no. XNV-741 alleged that while driving his vehicle coming from B. Imperial St., fronting Legazpi City Police Station to fetched her daughter and daughter's friend, they proceeded towards Albay District traversing Alternate road and turned left to Washington Drive, Legazpi City, On board in the said vehicle were Alve Deona, Keisha Coleen Deona, 17 y/o, minor and Bryle John Gerero and upon reaching Vinzon St., Albay District Ramon saw a vehide from his side mirror and suddenly overtook him near Peter Judilla Store and stop in front of them. On that juncture he droved backward his vehicle and step down and walk with her wife towards the fruit stand nearby. The driver of V1 alighted, came nearer and confronted them and asking in bikol dialect "Sain kamo hali" which he did not replied and averred "Buyong, Buyong" not intended to other driver. It was witness by Peter Judilla y Igot, 59 y/o, married a resident of Brgy. Tula-Tula, Albay District, Legazpi City. Few minutes lapse, the responding police officer arrive together with the Brgy. Tanod Nino Arabia and they were brought at the Police Station at Albay District, Legazpi City.(Hereto attached the copy of excerpt from LCPS-CPAC2 Blotter Entry no. 0627 and 0628 dated September 14, 2014 as Tab "A") 8. In the investigation conducted by the duty traffic investigator in the alleged vehicular incident disclosed that after verification and ocular inspection to the alleged damages revealed that V1 vehicle incurred damage at the back portion particularly at the left signal light, it was broken and measured 1.25 meters in height from the concrete surface, crack signal light holder, misalligned left side bumper, scratches on the bumper measuring .72 meters in height from the concrete surface, and bumper dent/scratches measuring .55 meters in height from the concrete surface while V2 has no current damage. Visible old scratches at the right side bumper, then the stainless bumper were measured .58 meters in height from concrete surface and the right headlight were tied by a scotch adhesive tape. Damages were photograph (Hereto attached the copy of the excerpt from LCPS-CPO Blotter Entry no. 1759 & 1760 dated September 15, 2014 as Tab "B" and Photograph of Damages vehicle with measured as Tab "C"). 9. Follow-up investigation conducted by the duty traffic investigators in the place of incident particularly in front of the rented apartment of V1 driver at Magayon Drive Dona Maria Subdivision, Daraga Albay. The place was dark and some of the debris of VI was recovered at the side of the road fronting his rented apartment, indicating that VI was park facing to Magayon Drive Legazpi City. Further, a walk-thru was made and disclosed that it was not suitable for parking for it was narrow there and the in coming vehicle from Legazpi City were blinded by the curve lane. The vehicle moving in opposite direction will be surprised and probably had a tendency to maneuver to the right. Furthermore, no bystanders were found for possible eyewitness of the incident. (Hereto attached the Photograph in the place of incident along Magayon Drive Dona Maria Subdivision Daraga Albay as Tab "D"). 10. In the statement of one Nino Arabia y Aycocho, single and a resident of Brgy. Bano,Albay District, Legazpi City, that on or about 11:45 PM, September 14, 2014 while in the performance of his tour of duty as Brgy. Tanod together with companion Brgy. Tanod Samson Gubaton averred that while conducting roving at the said area, they saw a Chevrolet moving backward and the driver step down in his vehicle and they heard the driver asking the otherdriver in Bikol dialect to wit; "Saan kayo galing, Saan kayo galing" and he immediately left the place to seek for a police assistance. (Hereto attached the copy of the excerpt from LCPS-CPAC 2 Blotter Entry no.0629 dated September 15, 2014 as Tab "E"). IV. DISCUSSIONS/FINDINGS: 11. In this instant case under investigation and both parties have a respective allegation related with the incident. In the statement of V1 driver he only saw a Red SUV hit and damages his vehicle while on park at the side of the road thereafter fled toward Legazpi City without identifying the LTO plate number and the model of the suspected vehide, upon chased he chance upon another vehicle that he wasn't sure. Upon confrontation, the first question of the V1 driver was "Sain kamo hali?" (Where do you come from) the V1 driver is not certain. PO2 Adrew Taduran responded and brought them in this station, Ocular inspection was made by PInsp Reynaldo Castuera and personnel of CPAC2 and they recovered a particles left by the other vehide attach to the bumper as cause by strong impact of damages. In the statement of V2 driver fetch his daughter and daughter's friend who were both minors at B. Imperial St. Bitano, legazpi City thereafter proceeded at Albay district traversing Alternater road and F. Aquende drive and upon reaching Vinzon St. he saw a vehide at the side mirror, that overtook and stop in front of them, V2 driver prevented from being hit, indicating that he cautiously drive his vehicle in favor to other road user, instead of flaring up he move backward and alighted in his driven vehicle. Both drivers were advised to undergo medical examination at BRTTH by personnel of CPAC2 due to the suspicious smelling of alcoholic breath but V1 driver refused while V2 driver voluntarily submitted himself with hospital no. 0245622. In the ocular inspection made by the duty traffic investigators to the vehicles presented by CPAC2 personnel V1 damages were situated at the back left side portion from top (signal light-broaken) vertically measured 1.25 mor through concrete surface, bumper(scratches) measured vertically .72 mor through concrete surface and lower bumper dents inward and scratches vertically measured .55 mtr through concrete surface while V2 stainless bumper vertically measured .58 mtr through concrete surface it was no sign of dents inward nor misalligned, bumper were visible old scratches only and the right side headlight were tied by a scotch adhesive tape around with it. In the follow-up investigation the duty traffic investigator conducted ocular investigation at the place of incident disclosed that the place were dim, the road were narrow and near a blind curve and upon walk-thru, some of debris were recovered near the side of the road indicating that his vehicle were facing toward Legazpi City Airport. Further the place were photograph and the recovered debris. V. CONCLUSION: 12. After a careful perusal surrounding this particular incident, a fact of comparison related with the damage incurred by V1 were not appropriate/matched as to the vertical hieght, structure of the vehide and to the damages of V2. The V1 driver concluded cause by the color and the route traversing by V2. That a fact V2 were enroute to his residence on board a friend of his daughter. In the disposition of CPAC2 personnel related with the drivers suspected smelling alcoholic breath they submitted both drivers but only the V2 driver voluntarily submitted himself for medical attention while V1 defensively refused the procedure.VI. RECOMMENDATION: 13. Wherefore, in view of the foregoing, the undersigned respectfully recommends that debris recovered and both vehicles will undergo field laboratory examination at RCLOS for paints comparison and parties involved will file their separate complaint against each other. PREPARED BY: NOTED BY