Republic of the Philippines]
Province of Bohol]
Municipality of Getafe] COMPLAINT-AFFIDAVIT I, GENU SOCIAS TORREFIEL, of legal age, fisherman, with postal address at Barangay Nasingin, Getafe, Bohol, after having been duly sworn on oath in accordance with law hereby voluntarily depose and say: 1. That sometime on October 17, 2011or about 4:00 P.M., Monday, October 17, 2011, I was playing basketball in the basketball court of Nasingin, Getafe, Bohol; 3. That upon arrival at the SB COA gate I noticed that there was no sentinel on the said post. I proceeded to the front gate and saw two (2) silhouttes (sentinels) posted at the lobby. Without attracting their attention I walked back to the COA gate which was ajar. I saw the motorcycle of Renato Zamboanga-Process Server of this court parked infront of the Security Office at the basement and saw SG2 Elberto Q. Bautista holding the telephne on his ears staring blankly and tinkering with the keypad of the same. He smelled of liquor /alcoholic breath. 4. That I noticed SG3 Ferdinand Gurtiza together with an unidentified female person later alleged to be the paramour of the former, also inside the security office, having a drinking spree. I smelled stench air inside the security office that I felt nauseating. Upon my cursory look at the floor, I saw two (2) empty bottles of Red horse Beer; and two (2) tin caps of Ginebra San Miguel marked LTDI. The floor is messy, and so is the middle office table that is being used during the drinking spree. Politely, I asked SG3 Gurtiza for the Attendance Logbook. He told me that the logbook is lying somewhere inside the room. He looked around for the said logbook but could not find it. Later he was assisted by SGI Jose B. Denila but to no avail. 5. That on this juncture, I asked for the key fo the stockroom from SG3 Gurtiza. I told him that "WE ARE ON RED ALERT', and that I need to get the Handheld Radio and the Service Shotgun as I normally do during my routine tour of duty. SG3 Gurtiza failed to show the Attendance Logbook to me. He also could not locate the whereabouts of the keys. Then I also asked SG Denila about the keys and logbook. He, too, could not locate them. Though SG Denila confirmed to me that the keys and logbook were given to SG3 Gurtiza by outgoing SG3 Reynaldo Ventura during shift turnover. I looked at the journal and found that SG3 Gurtiza did not sign the journal. That he has not yet prepared his shift's journal indicating his actual assumption of official duty as of the time. 6. That in the following moment I heard the tooting sound of the fire alarm panel on the other side of the room. I went to the panel area to silence the tooting sound. When I look at the Stockroom I saw SG3 Gurtiza knocking at the Stock Room door. Somebody from inside opened the door. Then I saw SG1 Noel Haddad, Renato Zamboanga-Process Server sneaking out from the Stock Room. I also saw Moimer Zacarias Calosing opening and getting his Caliber .45 from his personal locker and cocked the same. Then SG3 Gurtiza and his alleged paramour went out of the office through SB COA gate. 7. That I went upstairs for inspection of the upper floors. At the lobby, there I saw SG1 Jaime Faisan and SG1 Robert Gavilan. I told them "NANDITO LANG PALA ANG LOGBOOK PA-IN MUNA". I asked SG1 Faisan whether SG3 Gurtiza is on duty because he is not in the special detail. SG1 Faisan told me that "Oo Sir kasi may swap agreement daw sila ni SG3 Rana." I asked them, "Bakit daladalawa kayo dito sa front lobby?" SG1 Faisan answered that, "Sir dito na lang kaming dalawa sa taas, nakakatakot na sir doon sa baba. Delikado sir kayo doon, mainit na, sir, kanina pa." SG1 Gavilan averred further that "Sir, kanina pa sila nag-iinuman dyan. Pagdating ko pa lang bago mag alas tres, lasing na lasing na sila. Pati si Haddad sumama pa sa kanila. Kanina pa dito yan." I just shrugged my shoulder and told them I left my personal flashlight at my filing cabinet. 8. That I went to the basement office through the Backdoor I area. There at the COA gate, I met SG3 Raul Octaviano reporting for duty (11:00 P.M. to 7:00 A.M.) with his son. Upon seeing his son, I exchange pleasantries. Furthermore I told SG3 Octaviano that SG3 Gurtiza could'nt find the keys of the Stockroom. I commented, "Eh Red Alert pa naman tayo ngayon kasi ang PNP nasa sementeryo". 9. That upon arrival of SG3 Octaviano he saw the messy office being cleaned by SG1 Denila. He proceeded to help clean the room. At this instance, Renato Zamboanga asked me, "Okay lang ba sa'yo Bogs? Napunta ako dito kasi nakakainip sa bahay". I replied, "Okay lang, no problem naglilinis naman sina Raul at Denila". 10. That I get my personal flaslight to continue my roving and notice that "wala pala ang belt ko, law-law tuloy ang pantalon ko". I proceeded upstairs to continue my roving inspection. Again, SG1 Gavilan and Faisan forewarned me that "Sir, delikado talaga.." SG1 Faisan told me that "mainit nang masyado". I just shrugged my shoulders. As I proceeded to go down from the lobby, I saw SG3 Gurtiza near the front gate being dissuaded/prevented by his lady companion to go back to the security office. I went down to the basement through the Backdoor I area. As I approached the COA gate, I saw SG2 Benjie Macayan on board his bicycle knocking at the closed COA Gate. At the time, Mr. Calosing was also inside the Sandigan premises at the COA Gate aboard his motorcycle. He (Calosing) alighted from his vehicle, and, went to the security office to get the keys from SG2 Bautista. Then, Mr. Calosing opened the main COA Gate for the incoming SG2 Macayan. 11. That on this instance, on or about 10:00 P.M. of the said dte, I did not notice SG3 Gurtiza managed to come back to the Basement Security Office. I entered the Security Office and called my wife on the telephone. Afterwards, I get out of the office to continue my roving patrol even without the handheld radio. Whie I was standing infront of the office's window SG3 Gurtiza wnt out of the office and asked something from me in slurred and drunken manner, which I did not understand. I asked him "Ha? Ano?" Then he shouted back, "Putang ina mo! Ano ba talaga ang problema mo! Putang ina mo! Papatayn kita! Putang ina mo! Papatayin kita! Putang ina mo!" I did not react knowing that he is drunk/reeking with alcohol. Then I was distracted by SG2 Macayan, coming from the COA Gate, riding down fat in his bicycle towards the basement office. That moment SG3 Gurtiza took advantage of the situation by lunging a punch towards my head. I was hit at my left jaw and felt stunned. He threw another punch at me but I parried it with my left arm that resulted t my wristwatch being broken and fell to the ground. Then he tried grabbing my left hand with his right hand as he was reaching for something bulging in his left waist. SG2 Macayan rushed towards SG3 Gurtiza and shouted "Wag Lakay! Wag Lakay!" Then SG2 Macayan grabbed the left arm and shoulder of SG3 Gurtiza so that he cannot get the thing from his wait. Gurtiza keep on shouting "Papatayin kita! Putang ina mo! Papatayin kita Putang ina mo! Papatayin kita! Putang ina mo! Papatayin kita Putang ina mo! Salot ka sa amin! Putang ina mo! Papatayin kita!" 12. That at this juncture, SG3 Octaviano rushed out f the security office and helped to pacify the drunken SG3 Gurtiza to no avail. Then I saw SG1 Faisan picking up my wristwatch from the ground. I went inside the security office, put my personal flashight and white towel on top of the middle table. I gave instructions to SG3 Octaviano and the other security personnel thereat to bring or escort SG 3 Gurtiza out of the Sandiganbayan premises. I told also those who are present that what he (SG3 Gurtiza) did is very, very wrong. 13. That, subsequently SG3 Gurtiza freed himself from the pacifying arms of his comrades, he kept on shouting "Putang Ina mo! papatayin kita! Papatayin Kita! Wala ka namng armas diyan sa loob! Papatayin kita!" Gurtiza was able to enter the security office again and he kept on lunging punches on me but I was able to parry some. The penultimate action he (SG3 Gurtiza) did was to grab my left arm and applied armlock on my neck while simultaneously shouting that "Papatayin kita! Putang ina mo! Papatayin kita Putang ina mo! Papatayin kita Putang ina mo!" Then he reached for something metallic with black handle from the left side of his waist. But again SG3 Octaviano and SG2 Macayan grabbed Gurtiza's arms and shoulder. Gurtiza was forcibly brought out of the Security Office. I was dazed but I managed to regain my composure. Again I instructed all of them to bring SG3 Gurtiza out of the Sandignbaya premises. SG3 Gurtiza kept on shouting "Nakaduty ako! Hindi mo ako pwedeng palabasin dito! Putang ina mo! Putang Ina mo! Papatayin kita wala ka namang armas diyan". Lastly, I enjoined the other guards to bring SG3 Gurtiza out of the Court premises. My call remain unheeded. SG3 Gurtiza kept silent for a few minutes, and, suddenly freed himself from the other guards. Gutiza tried to enter the office and assaulted me again. Fortunatey, the other pacifying guards grabbed him. At this instance, I felt exhausted and dizzy due to pain in my left jaw. My eyes grew heavy as I saw unusual movements of the other guards on the area. I felt agitted and concerned about my personal safety as I realized that I felt alone and no one is backing me. I tried to get out of the office but Renat Zamboanga blocked my path. I told Zamboanga that "Hindi ako Kalaban! Hindi ko kayo Kalaban!" I went to the alarm panel room and exited through its door; finally going towards the COA Gate which was left ajar. Here, Mr. Zamboanga ran past me nd called "Nono! Nono!". Calosing was on board his motorcycle waiting outside of the COA Gate. Here Calosing and Zamboanga talked to each other and I overherd Zamboanga told calosing that "Tutuluyan talagang yariin si Bogs! Putang ina!" I felt angry and wanted to get back at the office to settle the situation once and for all. But I felt my jaw was aching. My vision was getting blurred and failing. I decided to go to the nearest hospital. Realizing that I do not have enough money (only PhP 40.00), I went to my sister. Then my sister and I went to the East Avenue Medical Center for treatment and Medico-Legal Examination. (See attched Medico-Legal Report dated October 31, 2003 signed by Dr. E. Carido). 14. That upon the termination of the examination by Dr. E. Carido, Medico-Legal Surgeon on duty, 97201, we went to Station 6, central Police District. to file for a Complaint and Official Blotter Entry. I reported to the Desk Officer on duty, SPO4 Valeroso and SPO4 Duro on or about 12:00 M.N. November 1, 2003, my complaint re: Physical injuries, Grave threats and Assault against SG3 Ferdinand Gurtiza. After that we then proceeded to the Sandiganbayan Security Office, where I met SG2 Pedro Dalaguit. I Asked SG2 Dalaguit to please log me in his COA logbook. He warned me that "KUKUYUGIN KA NILA DITO MGA KABUTAS YAN SILA DITO". I went down to the basement office where I met SG2 Macayan who is brandishing a pistolized shotgun on his shoulder. SG3 Octaviano then subsequently met me and I informed him that I just came from Medico-Legal examination and Blotter entries. Octaviano told me to just continue on with my duties and responsibilities; I told him that I was advised by the Doctor to get rest. I told SG3 Octaviano to please put the incident on record at the Journal. Before I left, I told them (Octaviano and Macayan) that we are on Red Alert and just do your job right. Then he (Octaviano) gave me my broken wristwatch, my white towel and informed me that my flashlights is in the care of SG1 Hermosisima. 15. That on or about 12:17 A.M. of November 1, 2003, I logged my time out to rest as advised by the doctor and reiterated to SG3 Octaviano to put the facts of the incident on the Official Security Journal because SG3 Gurtiza did not assumed duty nor prepared a journal for his supposed shift. I also averred that he was not in the Special Detail for the day. Then when I was going to the COA Gate, I met SG1's Faisan and Hermosisima. I exchange pleasantries with them and reminded SG1 Hermosisima to take care of my personal flashlight because it has new batteries. I noticed that both are brandishing long shotgun. Lastly, I told SG2 Dalaguit to log me out at the COA GAte logbook. But he that it is already past 12:00 A.M. of November 1, 2003 and according to him, nobody officially assumed this post since 3:00 P.M. up to 11:00P.M. of October 31, 2003. I made a notation to this effect at the official logbook at COA Gate. On or about 8:22 AM on November 1, 2003, I received a telephone call from SG2 Dalaguit that SG2 Bautista removed the whole page where I made the notation, and subsequently, I advised SG2 Dalaguit to prepare a confidential report regarding the said matter. 16. That, I am executing this statement to attest to all the facts, and for authorities to take cognizance of the Grave Misconduct and other administrative cases against SG2 Elberto Bautista and SG3 Ferdinand Gurtiza; and appropriate Criminal Charges against SG3 Ferdinand Gurtiza. In truth and in veracity hereof I affixed my signature over my printed name below this 3rd day of November 2003 at Quezon City, Metro Manila, Philippines. ALBERTO PATASIN ABOGADO JR.
Affiant

SUBSCRIBED AND SWORN to me before this 3rd day of November 2003, heareat Quezon City, Metro Manila. EMMA ROSARIO A. LORBES Executive Clerk of Court IV THIS IS TO CERTIFY THAT I have personally examined the affiant and that I am fully satisfied that he voluntarily executed his Affidavit. EMMA ROSARIO A. LORBES Executive Clerk of Court IV