REPUBLIC OF THE PHILIPPINESDEPARTMENT OF JUSTICE

OFFICE OF THE PROVINCIAL PROSECUTORPalace of Justice, Capitol, Cebu City

Joselito C. Balvez, Complainant,

VII-03-INV-14J-1226 -versus-

FOR: ATTEMPTED MURDER Orlan Hopia @ Orlando HopiaAnd Jekjek Avila,

Respondents.x - - - - - - - - - - - - - - - - - - -/

RESOLUTION

The above-named respondents are charged with Attempted Murder filed by Joselito C. Balvez, the circumstances of which are hereunder narrated by the latter in his Affidavit, to wit:

“At around 9:00 o’clock in the evening more or less of September 20, 2014, I was in my house sleeping when I was awakened by a familiar voice calling my name. I stood up, opened the door and with the use of a flashlight, I saw Jekjek Avila and Orlan Hopia, both residents of same place standing at around 3 meters more or less. I inquired from them in vernacular “unsa man tuyo ninyo Dong?” while I also noticed that Orlan was carrying something. Not so long, Orlan pointed something at me and said “kini imo pare!” then a loud burst of gunfire rang, and I moved sideward to evade, feeling something struck my abdomen. After the incident, I came down and picked a stone and threw it at them, who were both fleeing to different directions. After the incident, I reported to our barangay captain and he told me that he will investigate the matter, and on the next day (September 21, 2014) I went to Tuburan Police Station to report the incident. Prior to the incident, I cannot remember having quarreled to anyone within our place neither with the suspects.”

The undersigned sent subpoena to herein respondents, through PNP Tuburan, Cebu, for them to submit their controverting evidence pursuant to law. However, the return of the subpoena shows that both respondents were not

found at the given address. Hence, this complaint is resolved on the basis of the evidences submitted by the complainant.

FINDINGS:

Based on the uncontroverted allegations of the complainant and other evidences submitted, the undersigned finds probable cause to hold both respondents for trial for the crime of Attempted Homicide but not for Attempted Murder. There is lack of evidence submitted to indicate any of the attendant circumstances to qualify the act to attempted Murder. Prior to the shooting, there was a confrontation between complainant and the respondents. Complainant, at that instance, was using a flashlight to confront the respondents especially that it was already late at night. Complainant was also able to notice that respondent Orlan Hopia was carrying something which could have forewarned him (complainant). Respondent Hopia even said before shooting him, “kini imo pare!” (Is this what you want pare!).

Respondent shot complainant with the use of a firearm which shows their intention to kill him but because of poor aim, they were not able to kill the latter but only inflicted upon him slight physical injury as shown in the attached Medical Certificate issued by the Office of the Municipal Health Officer of Tuburan, Cebu. Both respondents could have killed the complainant at that moment had it not because of poor shot. After the shooting, both respondents fled.

WHEREFORE, premises considered, it is hereby recommended that the information for the crime of Attempted Homicide against both respondents be filed in the proper MCTC.

Cebu City, Philippines, December 11, 2014.

ARNULFO V. AMODIA Prosecutor II

MCLE Compliance No. IV-0005950

Issued on 05-29-12

APPROVED BY:

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PEPITA JANE A. PETRALBAProvincial Prosecutor

MCLE Compliance No. IV-0016449April 10, 2013

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