REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
BAGUIO CITY
ANNA ROSE SANTOS,
Complainant,
-

versus 17B-03998

NPS Docket No.

FOR: MURDER

JUAN BATUMBAKAL and

OSKAR SULAYMAN,
Respondents.
x---------------------x

COMPLAINT

AFFIDAVIT

I, ANNA ROSE SANTOS, of legal age, single, and a resident of

No. 101 Cannon Street, Sta. Fe, Brgy. 144 Zone 18, Baguio City, after
being duly sworn in accordance with the law, hereby depose and
state that:
1. I am the live in partner of FRANKLIN FRANK BAMBICO for a
period of 4 (fours) years;
2. On 7 September 2016, around 10 oclock in the morning,
FRANK and I was about to park our motorcycle in front of
Philippine National Bank - Session Road to withdraw our budget
for the coming week when a motorbike with a plate number
UZZ 990 almost hit me. A photo of our damaged motorcycle is
attached in this complaint as ANNEX A;
3. FRANK, thereafter, hurled invectives against the driver, and the
altercation resulted into a fist fight. The two (2) had to be
stopped by the security guards of the said bank, but before the
driver left the place, he shouted, Hindi pa ito tapos! Babalikan
kita!;
4. On 9 September 2016, around 12 noon, after FRANK and I
bought several produce at the local market for our small
carenderia, two (2) persons riding in tandem suddenly shot
FRANK three (3) times in the head, which caused his death. I
only saw the plate number of the motorbike, and it happened
to be UZZ 990, the same vehicle we encountered a few days
before the incident. The police report is attached in this
complaint as ANNEX B, alongside the death certificate of
FRANK and the autopsy report of the forensic expert is herein
attached as ANNEX C and ANNEX D respectively;
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5. On the same day, around 3 oclock in the afternoon, the two (2)
persons riding in tandem were apprehended in a police check
point in La Trinidad, Benguet. They were later identified as
former police inspectors, JUAN BATUMBAKAL and OSKAR
SULAYMAN, the same persons who previously handled the case
of violation of R.A. 9165 or The Dangerous Drugs Act against
FRANK, to which he was found guilty last 8 February 2012;
6. In view of the foregoing, I respectfully submit that JUAN
BATUMBAKAL and OSKAR SULAYMAN are guilty of the following
provision of the Revised Penal Code:
Art. 248. Murder. Any person who, not falling within
the provisions of Article 246 shall kill another, shall be
guilty of murder and shall be punished by reclusion
temporal in its maximum period to death, if committed
with any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength,
with the aid of armed men, or employing means to
weaken the defense or of means or persons to insure or
afford impunity.
xxx
5. With evident premeditation.
7. It is also worth noting that JUAN shall be liable for the damage
he caused to our motorbike, in the form of actual or
compensatory damages. FRANK and I are only minimum wage
earners. On weekdays, we operate a small carenderia at our
place, and we use our motorbike for the transfer of goods.
FRANKs loss and the damaged property are fatal to our cause,
and most especially burdensome on my part. Hence, my plea
for actual or compensatory damages holds water.
8. Finally, I humbly submit that I have prepared the present
criminal complaint affidavit to support my claim.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that
the instant criminal complaint be GRANTED.
Further, the complainants respectfully pray for such and other
reliefs as may be deemed just and equitable in the premises.
IN WITNESS WHEREOF, I have hereunto affixed my signature on
this 2nd day of October, 2016 at the City of Baguio, Philippines.

ANNA ROSE SANTOS

Affiant
SUBSCRIBED AND SWORN to before me, this 2nd day of
October, 2016 at the City of Baguio, Philippines, affiant, ANNA ROSE
SANTOS, exhibiting to me her License No. 9423401 issued at LTO
Baguio, Philippines on the 18th of September 1980.
IAN DANIEL RIVERA
Notary Public

ANNEX A

ANNEX B

Republic of the Philippines

National Police Commission
PHILIPPINE NATIONAL POLICE
BAGUIO CITY POLICE STATION
Quirino Highway, Baguio City, Benguet
E-mail: baguiopnp@yahoo.com Tel. Nr. (074) 443 9117
MEMORANDUM
FOR:

Officer in Charge
Police Regional Office Cordillera
Camp Bado Dangwa, La Trinidad Benguet

SUBJECT:

Investigation Report Re: Alleged Murder of Franklin Frank

Bambico ( that transpired along Cannon St., Santa Fe, Baguio
City

DATE:

September 10, 2016

I.

AUTHORITY:
1.
Baguio City Police Blotter Entries No. 069 dated September 7, 2016; Blotter
Entries No. 70, and 71 dated September 8, 2016
2.
Inherent Police Functions
3.
Standard Operating Procedure

II.

MATTERS INVESTIGATED:
4.
To determine facts and circumstances surrounding the incident.
5.
To determine other relevant matters that would require further
actions.

III.

police

FACTS OF THE CASE:

6.
On or about 10:00 in the morning of September 7, 2016 Barangay Chairman of
Barangay 144 Zone 18 of Baguio City reported and sought immediate police assistance
regarding an altercation near Philippine National Bank. PO2 Michael Monton, being a few
blocks away, was dispatched and was able to see three men shouting at each other. Two
Security Guards, (Ryan Abueg and Arman Ison) were calming them down. The three persons
shouting at each other were unnamed. When P02 Michael Monton approached them, they
suddenly clamed down but one of the men shouted, Hindi pa ito tapos! Babalikan Kita!
P02 Monton later found out that the altercation and attempted fistfight was due to a
motorcycle almost hitting one of the parties. P02 Monton thought that the parties have calmed
down. P02 Monton then recorded the motorcycle plate of the two parties vehicles which was
UZZ 90 and LSG 16
7.
On or about 12 noon the following day, three shots of gunfire were heard in
Baguio Public Market. SP02 Elson Matienzo, being a few blocks away, was able to respond to
the situation and saw a dead body being embraced by a weeping woman who was later known
as Anna Rose Santos. SPO2 Matienzo also saw an escaping riding in tandem with one male
driving while the other was holding a 9mm pistol. SP02 Matienzo was able to record the Plate
number UZZ 90, the same motorcycle involved in the altercation the day before. The plate
number was later corroborated by Santos. The dead body was later found out to be Franklin
Frank Bambico who was the same person that P02 Monton calmed down the day before.

8.
On or about 3 oclock in the afternoon of the same day, two persons riding on a
motorcycle bearing the same plate number (UZZ 90) was apprehended in a police checkpoint
headed by Senior Superintendent Timothy Potente in the boarder of Baguio City and La
Trinidad Benguet. They were later identified as former police inspectors Juan Batumbakal and
Oskar Sulayman.
9.
Baguio City police conducted a follow-up investigation and later found out
that Frank Bambico was previously convicted of a crime invoving R.A. 9165 or the
Dangerous Drugs Act in 2012 to which Juan Batumbakal and Oskar Sulayman were the
arresting officers. In addition, Batumbakal and Sulayman already resigned as police officers
in 2014.
10.
In the statement of Juan Batumbakal, he said that it was physically impossible
for him to be in PNB on September 7, 2016 because he was taking his two children in school
and the said bank was out of way from the school. Batumbakal added that they only
borrowed the said motorcycle (UZZ 90) at around 2:30 in the afternoon to have a joyride
around strawberry fields. He ended his statement by saying that he was very shocked when
Senior Superintendent Timothy Potente apprehended them.
IV. DISCUSSIONS/FINDINGS:
11.
In this case under investigation, both parties have their own allegations on the
facts of the case. Santos, Bambicos live-in partner, stresses that it was Batumbakal and
Sulayman who killed his sweetheart. The two suspects, on the other hand, denies their
involvement in the crime because it was physically impossible for them to be in the scene of
the crime. The crime happened in the west side of Baguio and they are alleging that they were
in the east side of Baguio when it happened. However, an estimation of travel time would
make us conclude that it will only take around 30 minutes to travel from the scene of the
crime and their alleged location.
In the ocular inspection conducted by the Baguio City Police, it was concluded that
only a person who has experience with a gun can shoot precisely while being a passenger of a
fast moving vehicle. The streets around Baguio Public Market are narrow and filled with
people. An amateur would not be able to hit their desired target given the situation. In short,
only a professional vigilante trained in the art of assassination can do such murder. In the
interviews made by the police around the area, vendors uniformly stated that the tandem that
killed Bambico were muscular middle aged men having the aura of a police officer. Such
statements, although speculative, gives a glimpse on whom to suspect in the said incident.
Further, both Sulayman and Batumbakal were positive on the paraffin test conducted after
their apprehension.
V. CONCLUSION/ RECOMMENDATION
12.
After a careful perusal surrounding this incident, and after investigation and
gathering of substantial evidence, the Baguio City Police recommends that a case be filed
against Juan Batumbakal and Oskar Sulayman in order to find justice on the murder of
Franklin Frank Bambico.

PREPARED BY:

NOTED BY:

WILSON M. QUE
Senior Police Officer I

ARNEL M. COLMENAR
Police Inspector
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And
FRANZ B. PULIDO
Police Officer III
Officers-on-Case

Chief, Investigation Section

APPROVED BY:
TIMOTHY ROYCE C. POTENTE
Senior Superintendent
Officer-in-Charge

ANNEX C

ANNEX D
Baguio Medical Center
Postmortem Examination
Of The Body Of
FRANKLIN BAMBICO
Case # FLC-608-Autopsy
A postmortem examination of the body of a 35-year-old male identified as Franklin Bambico
is performed at the Baguio Medical Examiners Office. The examination is conducted by Dr.
Michelle Cruz.
ATTENDANCE:
In the performance of their usual and customary duties, Autopsy Assistants Lance Olivar and
Photographer Jewelle Villena are present during the autopsy. Also present during the autopsy
is Detective Christian Tan of the Baguio Police Department.
CLOTHING:
The body is received in black pants, white t-shirt, white underwear, and black shoes.
XRAYS:
An X-ray of the chest is performed, no bullet was recovered therefrom.
IDENTIFICATION TAGS:
There is a Baguio Medical Center morgue record band around the right wrist.
EXTERNAL EXAMINATION:
The body is that of a well-developed, well-nourished adult male, 130 pounds and 68 inches,
whose appearance is appropriate for the stated age of 35 years. The body is cold. Rigor
mortis is present. Livor mortis is purple, posterior and blanches with pressure.
The scalp hair is black, 2 inches in maximum length. The irides are brown. The sclerae and
conjunctivae are clear. The nose and ears are not unusual. The teeth are natural and in good
repair. The tongue appears normal.
The neck is unremarkable. The supraclavicular, cervical, axillary and inguinal lymph node
regions are free of palpable adenopathy. The thorax has a normal anterior-posterior diameter.
The abdomen is flat. The upper and lower extremities are well developed and symmetrical,
without evidence of clubbing or edema.
MEDICAL MARKS:
There are no medical or surgical marks.
EVIDENCE OF MEDICAL INTERVENTION:
There is no evidence of medical intervention.
EVIDENCE OF INJURY:
Gunshot wound of the head:

SUSPECTS: Juan Batumbakal and Oskar Sulayman

NAME OF MORGUE: Baguio Medical Center Morgue
DATE RECEIVED: 9-10-2016
HOUR: 2220
BODY REMOVED FROM: Scene
REMOVED BY: Baguio Medical Center
AUTOPSIED: DATE: 9-10-16
TIME: 2200 BY: Michelle Cruz, M.D.
EVIDENCE SUBMITTED TO LAB AND REMARKS:
DATE: 9-11-16
APPROVED:
DATE: 9-11-16
REASON FOR PERFORMING AN EXAMINATION:
This 35 year old male was reportedly shot by another person.
DATE AND TIME OF EXAMINATION:
The autopsy is performed at Baguio Medical Center division of Forensic Sciences Morgue on
September 10,2016, commencing at 10:00 PM.

X-RAY EXAMINATION:
X-rays of the head demonstrate apparent large caliber missile fragments in the central head
region with other fragments in the forehead region and smaller fragments dispersed through
the midcranial region.
PRESENTATION, CLOTHING, AND PERSONAL EFFECTS:
The decedent is brought to the morgue in a red disaster bag. He is wearing a white shirt and
black pants.
The pants are buttoned and zipped. The shirt is in its normal position. There is a diffuse
bloodstaining of the clothing, particularly prominent on the upper portion of the shirt.
No jewelry is present on the body.
Further examination of the pants shows soiling with dirt and mud on the posterior portion.
There are numerous pieces of organic debris adherent to the clothing.
All of the above mentioned items are forwarded to the criminalistics section of the laboratory.
POSTMORTEM CHANGES:
Rigor mortis is generalized and well developed. Lividity is dorsal, the usual color, and
blanches with firm pressure. The eyes show no clouding. Other decompositional changes are
absent.
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FEATURES OF IDENTIFICATION:
This is the unembalmed body of a male which weighs approximately 130 lbs. and measures
68 inches in height.
The head hair is black measuring approximately 2 inches in greatest length. The teeth are
natural.
EXTERNAL EXAMINATION OF THE BODY:
There is dried blood over the face which has EMANATED FROM THE NASAL CAVITY. A
gunshot wound is present on the central portion of the forehead just to the right of the midline
which will be described in further detail below. On the right side of the forehead, above the
eyebrow, there is a contusion measuring approximately 2 inches in length. In the upper
portion of this contusion there is a circular SUPERFICIAL LACERATION MEASURING
APPROXIMATELY 1/4 INCH IN DIAMETER. The left eye is artificial and consists of an
eyecap. The underlying globe in the left orbit is present but severely contracted. The nasal
bones and facial bones are intact anteriorly. There is no indication of intraoral injury. A
SMALL CONTUSION is present underneath the medial canthus of the right eye.
The neck shows a SMALL SUPERFICIAL rectangular abrasion just underneath the chin
measuring approximately 1/4 INCH IN GREATEST DIMENSION. Otherwise, the NECK IS
FREE OF ACUTE INJURY OR OTHER ABNORMALITY.
The torso shows the presence of an INDISTINCT, greenish-colored ecchymosis over the
anterior aspect of the right shoulder. Near the medial margin of this there is a SMALL
SUPERFICIAL ABRASION and in the supeaclavicular fossa there is also a linear petechialtype abraded contusion measuring approximately 1 x 2 inches. A THIRD SMALL LINEAR
PETECHIAL CONTUSION is present near the base of the right sternocleidomastoid muscle
paralleling its long dimension. Otherwise, the torso is free of acute injury or other abnormality
both anteriorly and posteriorly except for INDISTINCT PETECHIAL CONTUSION on the
posterior aspect of the right shoulder and a perimortem linear abrasion in the right lumbar
region measuring approximately 1/4 x 1 inch.
The right upper extremity shows several small circular contusions over the dorsum of the
hand and forearm. There is also INDISTINCT petechial contusion on the lateral aspect of the
proximal arm distributed over a distance of approximately 4 inches maximum.
In summary, this is the well developed body of a 35-year old male consistent with the stated
age. There is evidence of blunt force injury to the forehead, back of the head, and the upper
extremities with abrasion and contusion in the shoulder region and an apparent gunshot
wound to the forehead.
INTERNAL EXAMINATION OF THE BODY:
Head:
The skin of the scalp is reflected in the usual manner. A 3 inch circular area of full thickness
scalp hemorrhage is present around a gunshot entry wound in the forehead region. In addition,
there is an individual 3 inch circular full thickness scalp hematoma over the vertex and also a
full thickness hemorrhage around the laceration over the external occipital protruberance. The
calvarium is intact and upon its removal there is diffuse subarachnoid hemorrhage. The brain
weighs 1250 grams. There is a perforating track through the brain which will be described
below. Otherwise, the brain shows no underlying abnormalities.
SUMMARY OF GUNSHOT WOUND:
On the right upper forehead, 1/2 inch to the right of the anterior midline, there is a gunshot
entry wound. This wound consists of a 5/16 inch circular hole with circumferential abrasion
and slight marginal radial laceration. THERE IS GUNSHOT RESIDUE ON THE
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FOREHEAD, THERE IS CHARRING OF THE WOUND, THERE IS GUNSHOT RESIDUE

IN THE DEPTHS OF THE WOUND TRACK.
Examination of the basilar skull shows extensive basilar skull fracture involving both
supraorbital plates, the ethmoid region, the sphenoid region, and the occipital bone posterior
to the foramen magnum.
THIS IS A NEAR GUNSHOT WOUND. The overall direction of this wound is front to back
and downward with a slight right to left deviation.
INTERNAL EXAMINATION:
The body is opened in the usual manner with a Y-shaped incision, revealing the described
gunshot injuries.
CARDIOVASCULAR SYSTEM:
The heart is 230 grams and has the described evidence of injury. The pericardial surfaces are
otherwise smooth, glistening and unremarkable. Coronary arteries arise normally, following a
right dominant pattern with no significant atherosclerotic stenoses. The chambers and valves
have the usual size-position relationship. The cut surface of the myocardium is uniform dark
red-brown. The atrial and ventricular septa are intact. The aorta and its major branches arise
normally and follow the usual course with no significant atherosclerosis. The vena cava and
its major tributaries are thin walled and patent, in the usual distribution.
RESPIRATORY SYSTEM:
The right lung is 270 grams, the left lung 230 grams. The tracheobronchial tree is patent and
the mucosal surfaces are intact. Pleural surfaces are translucent, smooth and glistening. The
pulmonary parenchyma is pink-tan to dark red-purple and exudes slight amounts of blood and
frothy fluid. Pulmonary arteries and veins are normally developed and patent.
DIGESTIVE/HEPATOBILIARY SYSTEM:
The esophagus is lined by intact, tan-white smooth mucosa. The gastric mucosa is arranged
in the usual rugal folds, and the lumen contains 300 ml of tan watery fluid. The small and
large intestines are unremarkable. The mesentery and omentum appear normal, and the
vessels are patent. The appendix is surgically absent. The colon contains formed stool. The
pancreas has the usual tan-white lobulated appearance, and the ducts are clear.
The liver is 1670 grams and has a smooth, intact capsule covering red-brown parenchyma.
The thin-walled gallbladder contains viscid bile. The extrahepatic biliary tree is patent.
ENDOCRINE SYSTEM:
The pituitary, thyroid and adrenal glands are unremarkable. Distinct parathyroid glands are
not seen.
GENITOURINARY SYSTEM:
The normal shaped kidneys together are 260 grams. The capsules are smooth, thin,
semitransparent, and strip with ease from the underlying, smooth, red-brown, firm, cortical
surfaces. The cortices are sharply delineated from the medullary pyramids. The calyces,
pelves and ureters are unremarkable. The urinary bladder contains 450 ml of clear urine; the
mucosa is gray-tan and intact.
HEMATOPOIETIC SYSTEM:
The thymus is appropriate in size and configuration for the age of the decedent. The spleen is
100 grams and has a smooth intact capsule covering red-purple parenchyma with wellpreserved follicular and trabecular markings. The regional lymph nodes have their usual
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distribution and appearance. The bone marrow, where seen, is red-brown and homogeneous,
without focal abnormality.
MUSCULOSKELETAL SYSTEM:
Aside from the described injuries, the bony framework, supporting musculature and soft
tissues are not unusual.
NECK:
Examination of the soft tissues of the neck, including strap muscles and large vessels, reveals
no abnormalities. The hyoid bone and larynx are intact.
NERVOUS SYSTEM:
The scalp is reflected without difficulty, and is unremarkable. The brain is 1340 grams. The
dura mater and falx cerebri are intact, and the leptomeninges are thin and delicate. The
cerebral hemispheres are symmetrical, with a normal pattern and distribution of sulci and gyri.
The structures at the base of the brain, including cranial nerves and blood vessels, are intact
and free of abnormality. Coronal sections of the cerebral hemispheres reveal no lesions
within the cortex, subcortical white matter, or deep parenchyma of either hemisphere. The
cerebral ventricles are of normal caliber, containing clear cerebrospinal fluid. Sections
through the brain stem and cerebellum are unremarkable.
OPINION
This 35-year-old man, Franklin Lawson, died of a gunshot wound of the head.
Autopsy examination revealed a penetrating gunshot wound of the head, which damaged the
skull and resulted in internal bleeding. Three bullets were recovered inside the head. The
autopsy would reveal that the victim was shot in a close-range, which explains the gunshot
powder in his shirt.

13