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Republic of the Philippines

Department of Justice
OFFICE OF CITY PROSECUTOR
Quezon City

CIPRIANO D. VIOLAGO, JR.,


Complainant,
XV-03-INV-14G-6218
-versus -
For: Perjury
PO3 FLORANTE A. LASCO,
Respondent.
x ------------------------------------------x

D/F: July 7, 2014


D/A: July 9, 2014
D/S: November 12, 2014

RESOLUTION

This resolves the complaint for Perjury filed by Cipriano D. Violago, Jr.
against PO3 Florante A. Lasco.

Complainant is the elected Municipal Mayor of San Rafael, Bulacan and,


formerly, Vice Mayor thereof for the year 2012. It appears from the record that,
on May 13, 2012, at about 6:40 in the evening, a shooting incident was reported
at the main gate of Lapidsville Subdivision, Brgy. Tambubong, San Rafael,
Bulacan. Two armed men gunned down PO3 Rafael Bambico Bartolome.
Respondent, together with SPO1 Ariel G. Modelo responded and conducted initial
investigation at the crime scene. At about 7:15 p.m., the group of complainant,
more or less ten people, arrived thereat. Complainant entered the inner perimeter
of the crime scene without any given authority. Upon discovery of Caliber .45
pistol Para Ordnance, with Serial Number QH4559, and a Nokia cellphone by
responding personnel, respondent claimed that complainant unlawfully took away
the said firearm and the phone. The Philippine National Police of San Rafael,
Bulacan through Chief of Police PSUPT Rodolfo C. Hernandez sent several
written notice to complainant to turn over to their custody the subject firearm for
proper investigation but he failed to comply thereto. Because of such failure,
PSUPT Hernandez filed a case for Violation of Presidential Decree 1829
(Obstruction of Justice) and Violation of Article 286 of the Revised Penal Code
(Grave Coercion) against complainant before the Office of the Ombudsman.
However, complainant expressed his disagreement by filing this instant case
alleging respondent’s duly executed Sinumpaang Salaysay submitted to support
the case filed by PSUPT Hernandez contain false accusations.

In its Resolution dated April 16, 2014, the Office of the Ombudsman
dismissed the criminal charges against the complainant. It found that the
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allegations against the complainant and the evidence adduced were wanting. For
the crime of Grave Coercion, the Ombudsman held that mere presence at the crime
scene investigation was insufficient to establish intimidation, especially in the
presence of policemen who were presumably armed and knowledgeable of their
rights and duties. With respect to Obstruction of Justice, the Ombudsman
dismissed the same on the following grounds: (1) the identity of the gun was not
sufficiently established; (2) the May 13, 2012 SOCO Report did not at all indicate
any missing item; and (3) the police blotter of the shooting incident did not
indicate that there was a gun taken by respondent from the crime scene.

For his defense, respondent argued that complainant’s act of taking the gun
was unmistakably recorded on Police Blotter, dated May 13, 2012. Similarly,
respondent averred that complainant had a wrong interpretation on the date of
which the police blotter was recorded. Complainant’s reference date, that is, July
24, 2012, was the date of authentication by P/SUPT Hernandez. It does not reflect
the date of entry of such police blotter. Respondent further asserted that P/SUPT
Hernandez even sent a letter ordering the complainant to turn over the subject
pistol to their office for investigation. However, complainant merely disregarded
the letter. As to the Spot Report, no indicated firearm recovered since only
evidences recovered by SOCO Investigators at the crime scene were listed.
Complainant failed to honor his promise to turn over the subject firearm if needed
during the course of investigation. Additionally, respondent emphasized that the
Sworn Statement of Moneda is inconsistent with her statement before the Office
of CIDG Unit where she attested that PO3 Bartolome carried the said pistol as he
went out from his residence prior to his death. Moreover, respondent learned that
a judicial affidavit of Vergel D. Oliquino pointed out his participation on PO3
Bartolome’s murder and even implicated Tristan Cruz (“Sonny”), complainant’s
bodyguard, Nicolas Mangalus and Joel S. Mangalus. Cruz was one of the
companion of complainant on May 13, 2012 incident at the crime scene. For this,
Bulacan CIDG filed a case against Cruz, Oliquino, Mangalus and others for the
death of PO3 Bartolome.

After a sedulous evaluation of the allegations and other pieces of evidence


submitted by the parties, the undersigned finds that probable cause for Perjury
exists to hold respondent for trial.

There is no stronger evidence of the perjurious nature of the subject


Sinumpaang Salaysay of the respondent which he submitted before the Office of
the Ombudsman in support of the complaint for Grave Coercion and Violation of
PD 1829 filed against the complainant than the resolution of the Office of the
Ombudsman dismissing said complaint. The grounds cited by the Office of
Ombudsman in dismissing the criminal complaint against the complainant clearly
belie the allegations of the respondent in his Sinumpaang Salaysay particularly in
respect of the taking by the complainant of the cal. .45 PARA ORDNANCE pistol
from the scene of the crime in the fatal shooting of PO3 Rafael Bambico
Bartolome.

To reiterate, the Office of the Ombudsman dismissed the criminal


complaint against the complainant based on the following grounds: (1) the identity
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of the gun was not sufficiently established; (2) the May 13, 2012 SOCO Report
did not at all indicate any missing item; and (3) the police blotter of the shooting
incident did not indicate that there was a gun taken by respondent from the crime
scene. These findings do not only negate the commission of the crimes of Grave
Coercion and Violation of PD 1829 but totally contradict the allegations of the
respondent in his questioned Sinumpaang Salaysay.

WHEREFORE, premises considered, it is respectfully recommended that


the attached information for Perjury against the respondent be approved and filed
in Court.

Bail Recommended: As stated in the information.

Quezon City, Philippines. August 16, 2018.

MARIA LUZ C. COLES


Assistant City Prosecutor

Copy furnished

Cipriano D. Violago, Jr.


No. 150 Brgy. San Roque, San Rafael, Bulacan

PO3 Florante A. Lasco


Brgy. Macapilapil, San Ildefonso, Bulacan

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