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Affidavit

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REPUBLIC OF THE PHILIPPINES }
Province of Agusan del Norte }s.s.
Municipality of San Miguel }

AFFIDAVIT COMPLAINT of Lady Empedrad

-------------------------------------------------
PRELIMINARIES: The Affiant was reminded that each question and every answer shall be submitted and can be used for and against him as a matter of right and requisites of judicial processes provided under our 1987 Constitution, such as:

Investigator : You have the right to have a counsel that you can confer with and if you cannot afford the services of a lawyer, one will be provided by the government for free, that you can confer with during this investigation, do you understand this right? Affiant : Yes sir. Investigator : After knowing your right, what can you say? Affiant : I voluntarily waive my right to counsel, but submit myself for investigation and willing to give my free and voluntary statement based on my personal knowledge on the incident. Investigator : Are you still willing to give your voluntary statement under the penalty of perjury as provided under the law?
Affiant : Yes sir.

QUESTION AND ANSWER

1. Question : Can you state your name, address and other personal circumstances? Answer : I am Lady Empedrad 31 years old, married and a resident of Purok 1, Barangay 8, Buenavista, Agusan del Norte.

2. Question : What is your purpose in executing this affidavit? Answer : 1. To file a formal complaint for the case of Violation of Art. 315 of Revised Penal Code also known as “Swindling (Estafa)” against the following suspects namely:
A. Nadia Rose A. Malong, legal age, a resident of Barangay Poblacion, San Miguel Surigao del Sur; B. Mr. Malong, legal age, a resident of Barangay Poblacion, Surigao del Sur; B. On November 19, 2011, at my residence in the City of Caloocan City, Ms. Santos went to my house to borrow money in the amount of P 1,000,000.00 (One million pesos) for there rehabilitation and maintenance of her pawnshop as evidenced by our contract of loan marked as C. on the same day, I lent her P 1,000,000.00 payable until November 20, 2012. D. on November 19, 2012, one day before the end of thecontract, Ms. Susana Santos issued a check payable to me whichis the subject of this case in the amount of P 1,000,000.00 datedNovember 20, 2012 and numbered as No. 123456 herein markedas

2. To prove that on August 31, 2014, I and Rakim Salic were mauled by the abovementioned persons.

3. Question : Why are you filing the aforementioned case against the above suspects? Answer : Because, they were the responsible persons who owe us.

4. Question : You said us. Who were with you?
Answer : I am with Rakim Salic.

5. Question : You said you were mauled by the 3 suspects, where and when did it happen? Answer : Actually, they were eight (8) of them, we are filing case against the three (3) since settlement failed in Barangay level, thus we are filing this case. It happened at videoke house located at Purok 5, Brgy. 3, Buenavista, Agusan del Norte, on August 31, 2014 at 7 o’clock more or less in the evening.

6. Question : What did you do in that videoke house? Answer : I and Rakim together with our four (4) friends had our drinking spree.

7. Question : Can you narrate the surrounding of the place? Answer : We were having a drinking spree, it was only me and Rakim, since our four friends left us. The group of Mark Naïve, they were eight persons, was having also a drinking spree in the other side of the videoke house. We were so near since the videoke house is small. The one of them (group of Mark Naïve) was singing at that moment.

8. Question : While you were drinking, what happened if any? Answer : I enter the number of my selected song into the videoke machine when I accidentally press the “stop” button instead of “enter” that made the machine suddenly off.

9. Question : After pressing such button, what happened next if any? Answer : Mark Naïve approached me and to my surprised his fist had landed to my face hitting above my left eye then hit my head with bottle and suddenly several blows landed at the different parts of my body.

10. Question : You said several blows, who did such acts? Answer : It was Mark Naive who stuck my face and hit my head with a bottle and his companions kicked and boxed me.

11. Question : What did you do while they hit you, if any?
Answer : I covered my face and tried to escape.

12. Question : What happened next if any? Answer : Even I was blooded, I escaped from the area and ran outside to avoid suspects.

13. Question : You said you were with Rakim and four (4) other persons, what did they do at the time of the incident? Answer : Actually, before the incident happened, our 4 companions left after we had consumed 1 bottle of tanduay. Only I and Rakim were left when the incident happened. 14. Question : So what did Rakim do at the time of the incident? Answer : I saw him mauled also by the companions of Mark Naive. 15. Question : How did you know that the persons hitting Rakim were companions of Mark Naïve? Answer : Before the incident happened, our group and the group of the suspects were inside the said videoke house. I have noticed them because they are the one who were singing at that time. Besides, before the incident, we already knew the suspects.

16. Question : You said you had escaped from the suspects, what happened next if any? Answer : Only few minutes, I was near the entrance door of the videoke house, I heard one of the suspects shouting and informing his companions to leave because the police were approaching in the area.

17. Question : Did you know the persons who mauled you?
Answer : Yes.

18. Question : How did you know them? Answer : Through Rakim. One of the eight persons is a Fraternity Brother of Rakim. And two of them were residing in the same barangay with Rakim.

19. Question : What course of action did you make after the incident?
Answer : We reported the incident to the police station.

20. Question : Do you have proof on that? Answer : Yes, the extract copy of the Blotter. (ATTACHED HEREWITH AS ANNEX _____ IS THE EXTRACT COPY OF THE POLICE BLOTTER)

21. Question : What did you do next after reporting the incident? Answer : We went to the Hospital for check-up and treatment. 22. Question : Do you have proof on that? Answer : Yes, the medical certificate. (ATTACHED HEREWITH AS ANNEX _______ IS THE MEDICAL CERTIFICATE) 23. Question : How many days were your injuries were completely healed? Answer : 24. Question : What did you do next after you went to the Hospital? Answer : On September 10, 2014, we went to our Barangay in Barangay 3, Buenavista, Agusan del Norte to complain regarding the August 31, 2014 incident. Summons was issued to Mark Naïve and Junior Cuyno. 25. Question : What happened next if any? Answer : The Barangay Chairman conducted a several hearings, however, amicable settlement between us and Mark Naïve failed, thus the Barangay Chairman issued a Certification to File Action against Mark Naïve. (ATTACHED HEREWITH AS ANNEX ______, __________, AND ___________ ARE THE COPY OF THE CERTIFICATE TO FILE ACTION AND MINUTES ISSUED BY THE BARANGAY ____ .) 26. Question : What happened next if any? Answer : On September 30, 2014, we also went to Barangay 6, Buenavista, Agusan del Norte to file a complaint against Arnulfo Macarayan, Victorio Nalam and Harold Batislaon, however, on hearings, Harold Bastilon did not appeared thus the Barangay Chairman issued a Certification to File Action against Harold Batislaon. (ATTACHED HEREWITH AS ANNEX ______, __________, AND ___________ ARE THE COPY OF THE CERTIFICATE TO FILE ACTION AND MINUTES ISSUED BY THE BARANGAY ____ .)

27. Question : What happened next if any? Answer : We went to Barangay 10, Buenavista, Agusan del Norte on September 15, 2014 to lay a complaint against Daniel Lawag. Hearings were conducted, however, parties did not reach a settlement, thus the Barangay Chairman issued a Certification to File Action Against Daniel Lawag. (ATTACHED HEREWITH AS ANNEX ______, __________, AND ___________ ARE THE COPY OF THE CERTIFICATE TO FILE ACTION AND MINUTES ISSUED BY THE BARANGAY ____ .)

No further questions.
Affiant further sayeth naught.

IN WITNESS WHEREOF, I have hereunto set my hand this ______________________ at Libertad, Butuan City, Agusan del Norte, Philippines.

Amrodin M. Diwat

SUBSCRIBED AND SWORN to before me this _____________________ at Hall of Justice, Libertad, Butuan City, Philippines. I further certify that I have personally examined the affidavit of the affiant under oath and I am convinced that he understood and personally executed his affidavit.

On December 2011, I again sent through money remittance the amount of TWO HUNDRED THOUSAND PESOS
(Php200,000.00) to Mrs. Susana Macamus, who delivered the entire amount to the Spouses Ramos. The money was supposed to be paid/given to Mr. Orlando Ramos, also of Sitio Tambo, Sta.
Monica, Moncada, Tarlac, who also mortgaged his agricultural land to me.

f) I discovered, however, that the entire amount of Php200,000.00 was not given/loaned to Mr. Orlando Ramos. Instead, only the amount of FORTY SEVEN THOUSAND PESOS
(Php47,000.00) was given to Mr. Orlando Ramos. The Spouses
Ramos used the remaining Php153,000.00 for their personal gain, to my damage and prejudice. Attached hereto as Annex “B” is the Sinumpaang Salaysay of Mr. Orlando P. Ramos to prove that he received the amount of Php47,000.00 only from the Spouses
Ramos.

g) Also attached to this Complaint-Affidavit as Annex “C” is the
Sinumpaang Salaysay of Gil C. Cabontocan to prove that I remitted the money to Mrs. Susana Macamus.

h) Finally, on November 2011, at my house in Artacho, Bautista,
Pangasinan, I personally gave the amount of FORTY SEVEN
THOUSAND PESOS (Php47,000.00) to the Spouses Ramos, to be used in the purchase of farming equipment needed for the cultivation of the farmlands in Moncada, Tarlac which were mortgaged to me. I discovered, however, that the Spouses Ramos did not use the money to buy any piece of equipment. Instead, they used the money for their own personal use/consumption. I demanded from them the return of the said amount, but they refused and/or failed to do so, to my damage and prejudice.

3. The above unlawful acts of the Spouses Ramos caused damage and prejudice to me in the amount of Php280,000.00. The amount was supposed to be given to other persons and used for the purchase of farming equipment but was appropriated by the Spouses Ramos for their own personal use and/or consumption.

4. I filed a complaint before the Barangay Council of Sta. Monica,
Moncada, Tarlac against the Spouses Ramos for estafa and demanded the return of the Php280,000.00 given to them. However, no amicable settlement was reached since the Spouses Ramos allegedy have no money or property to pay me. Copies of the Barangay Blotter and Certification to File
Action issued by the Office of the Lupon Tagapamayapa i
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...Running head: THE ASSASSINATION OF MALCOLM X The Assassination of Malcolm X Kirston Gardner University of Phoenix HIS/145 Carole Lormand September 10, 2013 The Assassination of Malcolm X On February 21, 1965, I was among the 400 Negroes that gathered in the Audubon Ballroom at 166th Street and Broadway in Harlem to attend a regular Sunday affair of Malcolm’s Organization of Afro-American Unity. Being that Malcolm’s movement emphasized self-defense, there was no search of anyone at the rally. The rally had been scheduled for 2:30pm. It was to be held in the second-floor hall of the two-story building. I arrived early in hopes that Malcolm would name the men who fire bombed his home last Sunday. There were 400 wooden folding chairs set up with two aisles going down the side but no center aisle. There was a restful country scene mural at the back of the stage. I sat in the 12th row and waited with anticipation. The speaker that spoke prior to Malcolm X stated that: “Malcolm X is a man who would give his life for you.” As Malcolm stepped up to the flimsy plywood lectern he gave the traditional Arabic greeting, “Salaam Aleikum,” which meant peace be unto you. We responded, “Aleikum Salaam.” Malcolm proceeded to say, “Brothers and sisters…” then he was interrupted. About four rows up was a disturbance. Two men jumped to their feet, one yelling at the other: “Get your hands off my pockets, do not be messing with my pockets.” Malcolm’s bodyguards hurriedly moved toward...

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