Republic of the Philippines

MUNICIPAL TRIAL COURT

Fourth Judicial Region
Pila, Laguna

PEOPLE OF THE PHILIPPINES CRIMINAL CASE NO.

Plaintiff,

Versus FOR: MURDER

JUSTINE TIMBERLAKE
Accused,

AFFIDAVIT-COMPLAINT

I, RIZA A. MALATE, 35 years old, married, and a resident of Block 30,

Lot 11, New York Street, Phase 4, Tierra Verde Subdivision, Pila, Laguna after
having been duly sworn to in accordance with law, hereby deposes and says
THAT:

1. I am the mother of Rhyzza Mae A. Malate, 12 years old, enrolled as a

Grade Six Pupil at Labuin Elementary School, Pila. A machine copy of
the birth certificate of Rhyzza Mae A. Malate is hereunto attached and
made as an integral part hereof as Annex “A”;

2. Last April 19, 2019, on or about 9:30 P.M., my daughter Rhyzza Mae A.
Malate with her cousin Angelyn A. Gonzaga, asked for my permission to
attend the funeral of their grandmother, the late Ruby Azucena.

3. Because of the assurance of Angelyn that she will be looking and taking
care of Rhyzza Mae, I allowed them to go ahead of me as I was also
planning of going there and that the place of the wake was only a few
houses away. While I was on my way to the wake, I heard a commotion
at a near distance, which was followed by shouting and crying so I
hurriedly went to the place. Upon my arrival, I saw my daughter lying in
the ground, bathe in her own blood, with Angelyn hoarsely shouting and
crying for help. Trembling and lost for words, I asked Angelyn who was
the culprit of the crime which she answered without hesitation as one
named Dino Q. dela Cruz. I asked her where Dino is and she replied,
 “dumalagan na tita” ( he has already fled auntie). Crying for help, I asked
and begged the people around us to help me bring my daughter to the
nearest hospital which was responded to with haste by Alan Burt Altar
and other relatives who were around. The sworn statement of Alan Burt
Altar is hereunto attached and made an integral part of this complaint as
Annex “B”;

4. Upon arrival at the Tacloban City Hospital, Dr. Pia Gomez, immediately
attended my daughter and after a thorough examination, declared her
dead on arrival. The medico-legal autopsy report, the NSO death
certificate and a certification from the City Civil Registrar of Rhyzza
Mae A. Malate is hereunto attached and made an integral part of the
complaint as Annex “C” , “ D”, and “E”, respectively;

5. While at the hospital, I inquired Angelyn if the said Dino Q. dela Cruz
was the same Dino Q. dela Cruz who is our neighbor and who came to
our house earlier that day to borrow money from me which she positively
identified as the same person. The sworn statement of Angelyn A.
Gonzaga is hereunto attached and made an integral part of this complaint
as Annex “F”;

6. I denied the request of said Dino Q. dela Cruz because of his notorious
character in our neighborhood as a drunkard, gambler and without a
permanent job and that after the said refusal to lend money, he mumbled
and uttered to me that I would surely regret my decision which statement
I took for granted.

7. I immediately reported the stabbing incident on or about 12:00 o’clock

midnight at the Marasbaras Police Station which is the nearest police
station. The original copy of the excerpt of the police blotter duly issued
by Senior Police Inspector Virgilio Lentejas III of Marasbaras Police
Station is hereunto attached and made as an integral part hereof as Annex
“G” of the complaint;

8. I am therefore executing this affidavit freely and voluntarily in support of

my intent to file a case for MURDER and/or the appropriate criminal
 case against Dino Q. dela Cruz, who is 30 years of age and a resident of
Block 30, Lot 9, New York Street, Phase 4, V&G Subdivision, Tacloban
City.

IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of

July, 2013 at Tacloban City, Philippines.

RIZA A. MALATE
Affiant

SUBSCRIBED AND SWORN to before me this 2nd day of July 2013 at

Tacloban City, Philippines and I FURTHER CERTIFY that I have personally
examined the affiant and I am satisfied that he/she has read and personally
understood the contents of her foregoing “Complaint-Affidavit”.

HAROLD B. LACABA
Prosecutor II
Roll No. 51379-2006
IBP No. 808787-1/3/11
PTR No. 4128464- 1/3/11; Leyte
MCLE Compliance III No. 0013601
Issued on April 22, 2010