Republic of the Philippines

Department of Justice
Provincial Prosecutor’s Office
Office of the Provincial Prosecutor
Province of Zambales

People of the Philippines,

Complainant,
Criminal Case No.: 112233
For: Murder
{Art. 248 of the RPC}
-versus-

Julius dela Cruz,

Respondent,

x--------------------------------x

COMPLAINT-AFFIDAVIT

I, Agustina Bulatao, 48 years old, married, Filipino, and a resident of Sitio

Baculi, Barangay Cadmang, Cabangan, Zambales, after having been duly sworn
in accordance with the law, hereby depose and state the following:
1. I am the mother of the late Bobby Bulatao, 26 years old, single,
Filipino, and a resident of Sitio Baculi, Barangay Cadmang, Cabangan,
Zambales.

2. On behalf of my late son, Bobby Bulatao, I am executing this

complaint-affidavit to charge Julius dela Cruz, alias "Artates," 55 years
old, widowed, a resident of Sitio Baculi, Barangay Cadmang,
Cabangan, Zambales, with Murder as defined and penalized under
Article 248 of the Revised Penal Code (RPC) of the Philippines.
3. On or about 10 o'clock in the evening on February 16, 2018, my late
son, Bobby Bulatao, obtained my consent to go out and buy a
cigarette, which I permitted. At around 11 o'clock on the same night,
Jason Mercado and James Malagare, who are both members of the
Barangay Tanod, awakened me and my husband, Emilino Bulatao,
with the report that my late son, Bobby Bulatao, had sustained a
gunshot wound and was admitted to the Pres. Ramon Magsaysay
Memorial Hospital in Cabangan, Zambales.

4. Upon receiving the information, my husband, myself, and my niece,

Angela Malabuyong, hurriedly went to the hospital via a tricycle, hoping
that Bobby was not in critical condition. Unfortunately, upon our arrival,
I found Bobby's body already covered with a white cloth, and that was
when I began to break down in tears and disbelief upon seeing my son
lifeless.

5. On February 17, 2018, at around 8:00 in the morning, when I gathered

the courage and opportunity to talk with my nephews, namely Dennis
Melon, Rudy Melon, and Erick Palinlin, who were with him at the time
of the incident, they narrated to me what happened on the evening of
February 16, 2018. According to Rudy Melon, at around 10:00 in the
evening, all four of them took a walk to Centro Cadmang as they were
comforting Dennis Melon, who was experiencing a personal problem.

6. When they reached near the residence of the accused, Julius dela
Cruz, alias "Artates," they were attacked by the accused's dog, which
they tried to defend themselves against. After a few minutes, Artates
came out of his house and aggressively cursed them,
saying,”P*tang*na kayo, binabato niyo ang aso ko” [Son of a bitch, you
hit my dog] to which Dennis Melon replied that they did not hit Artates'
dog. However, Artates became more furious after Dennis denied the
accusation of hitting his dog. When they were about to continue their
walk, they did not realize that Artates went inside his house to grab a
gun, which he aimed at the four of them. They hurriedly ran, as Artates
continuously firing the gun, but it was too late for Bobby Bulatao, who
was behind Dennis Melon, Rudy Melon, and Erick Palinlin, and
unfortunately, he was shot. Dennis Melon, Rudy Melon, and Erick
 Palinlin were able to escape from the accused's threat and went into
hiding, fearing that Artates would find them, leaving Bobby behind.
Additionally, a tricycle driver named Elias Samson found the body of
my late son and asked help from the Cabangan Police Station, where
the group of PCMS Jeffry Arquero immediately responded.

7. I felt a slight sense of relief when Julius dela Cruz surrendered to the
Cabangan Police Station the day after. However, there is no room for
forgiveness for his actions, and as a deeply wounded mother grieving
the loss of my son, Bobby Bulatao, I will continue with my complaint.

8. That, I am executing this affidavit to attest, to the best of my

knowledge, the truthfulness and correctness of the foregoing facts and
to support the filing of a Criminal Case for Murder against Julius dela
Cruz.

IN WITNESS WHEREOF, I hereunto affixed my signature this 19th day of

February 2018 at Cabangan, Zambales, Philippines.

AGUSTINA BULATAO
Affiant

SUBSCRIBED AND SWORN to before me this 19th day of February at

Cabangan, Zambales, Philippines. I HEREBY CERTIFY that I have personally
examined the affiant and that I am convinced that he voluntarily executed the
foregoing affidavit and that he understood the contents thereof.

ATTY. GOLDA A. RESERVA

Notary Public
Witnesses:
Dennis Melon
Erick Palinlin
Rudy Melon

Additional DETAILS WERE ADDED DUE TO the lack of information in the video,
including to the succeeding affidavits.
 Republic of the Philippines
Department of Justice
Provincial Prosecutor’s Office
Office of the Provincial Prosecutor
Province of Zambales

People of the Philippines,

Complainant,
Criminal Case No.: 112233
For: Murder
{Art. 248 of the RPC}
-versus-

Julius dela Cruz,

Respondent,

x--------------------------------x

COUNTER AFFIDAVIT

I, Julius dela Cruz, 55 years old, widowed, and a resident of Sitio Baculi,
Barangay Cadmang, Cabangan, Zambales, being duly sworn in accordance with
the law, hereby depose and state the following:
1. I have been charged by Agustina Bulatao on behalf of her late son, Bobby
Bulatao, with the crime of Murder under Article 248 of the Revised Penal
Code (RPC) of the Philippines.

2. Before delving into the details of the incident based on my knowledge, I

would like to emphasize my love for animals, particularly dogs. I have a
dog named Bogart who has been with me for 15 years. He is more than
just a pet to me; he is part of my family.
3. On January 10, 2018, at around 10:00 pm, while I was sewing my torn
pants at my residence, I almost lost Bogart due to unidentified men who
attempted to poison him in his cage at the backyard of my house for no
apparent reason. Fortunately, Bogart's loud barking alerted me, and the
unidentified men fled without succeeding in their plans.

4. On February 16, 2018, at approximately 10 o'clock in the evening, I was

having dinner in the kitchen. Suddenly, I heard a commotion outside,
which I presumed to be a group of men. Bogart, whom I had tied in front of
my house, began barking unusually, which alarmed me as I feared he
might be in danger of being poisoned again. I quickly rushed outside and
witnessed a group of unfamiliar men striking Bogart with large stones. I
immediately assumed that they were the same unidentified men who had
previously intended to harm Bogart. I admit that I was mistaken in my
assumption. Upon discovering that they were hitting my dog, I lost control
of myself and cursed them.

5. However, I would like to clarify Paragraph 6 of the complaint-affidavit,

specifically the part where Dennis Melon denies hitting Bogart. From my
firsthand account, I witnessed them indeed striking Bogart with stones,
although they immediately ceased upon seeing me. It broke my heart to
hear Bogart whimpering in pain from the impact of the stones, and yet
they denied their actions. This fueled my fury, and unable to control
myself, I retrieved my gun from inside my house and aimed it at them. It
was never my intention to harm anyone; I merely intended to scare them,
considering the odds of confronting all four of them with my physical
strength alone if they were to attack me.

6. The situation became even more chaotic when Bobby Bulatao escalated it
and approached me while uttering inaudible words. Although I couldn't
make out his exact words, I clearly saw through his mouth's movement
that he was saying, "Puta*ng*nang matanda" [You old son of a b*tch], and
he was about to pick up a stone to strike me. Without hesitation, I fired my
gun, causing them to flee. I pursued them while firing, but unfortunately,
Bobby Bulatao, who was in close adjacent to me, was struck by a gunshot
to his head. The other three managed to escape from the scene.
Afterward, feeling restless and unsure of what to do, I returned to my
house.
 7. The following day, on February 17, 2018, at approximately 3 o'clock in the
afternoon, burdened by my conscience upon hearing of Bobby's passing, I
voluntarily surrendered myself at the Cabangan Police Station, bringing
with me the gun I used to shoot Bobby Bulatao.

8. I will continuously, voluntarily, and actively participate in the legal

proceeding that would aid in the resolution of the case, but I will insist on
looking into my claims and asserting my right to a fair judgment.

9. This counter affidavit is being executed to attest to the truth of all the
foregoing facts and events to clarify and add some points on claims that
were truly in favor of me.

IN WITNESS WHEREOF, I have hereunto affixed my signature on this

th
25 day of February 2018, at Cabangan, Zambales, Philippines.

JULIUS DELA CRUZ

Affiant

SUBSCRIBED AND SWORN to before me this 25th day of February at

Cabangan, Zambales, Philippines. I HEREBY CERTIFY that I have personally
examined the affiant and that I am convinced that he voluntarily executed the
foregoing affidavit and that he understood the contents thereof.

ATTY. GOLDA A. RESERVA

Assistant City Prosecutor
 Republic of the Philippines
Department of Justice
Provincial Prosecutor’s Office
Office of the Provincial Prosecutor
Province of Zambales

People of the Philippines,

Complainant,
Criminal Case No.: 112233
For: Murder
{Art. 248 of the RPC}
-versus-

Julius dela Cruz,

Respondent,

x--------------------------------x

REPLY AFFIDAVIT

I, Agustina Bulatao, 48 years old, married, Filipino, and a resident of Sitio

Baculi, Barangay Cadmang, Cabangan, Zambales, after having been duly sworn
to in accordance with the law, hereby depose and state that:
1. I hereby submit this reply to the counter affidavit filed by Julius dela Cruz
in response to the charges of Murder under Article 248 of the Revised
Penal Code (RPC) of the Philippines.

2. While Mr. dela Cruz claims to have a love for animals, particularly his dog
Bogart, it is important to note that the charges against him do not pertain
to any harm inflicted upon his dog. The allegations focus on the incident
involving the late Bobby Bulatao, which resulted in his unfortunate demise.
3. Mr. dela Cruz describes an incident that occurred on January 10, 2018,
where unidentified individuals attempted to harm Bogart. While this event
may have been distressing for him, it does not justify or excuse his
subsequent actions on February 16, 2018.

4. Mr. dela Cruz admits to witnessing a group of men striking Bogart with
stones on the said date. However, it is crucial to emphasize that he
resorted to using a firearm to confront the individuals, which ultimately
resulted in the fatal shooting of Bobby Bulatao. The use of excessive force
in response to the situation goes beyond the limits of self-defense.

5. It is Mr. dela Cruz's claim that Bobby Bulatao approached him while
uttering offensive words and was about to pick up a stone to strike him.
While we acknowledge his account, it is imperative to consider the
circumstances leading up to the dispute and assess the fairness of his
response.

6. I maintain that the actions taken by Mr. dela Cruz, including retrieving a
firearm and firing shots, were absurd to the threat he perceived. The
incident resulted in the loss of a human life, which cannot be justified by
the alleged utterance of offensive language or the perceived intent to
harm.

7. The fact that Mr. dela Cruz voluntarily surrendered himself to the
Cabangan Police Station is commendable; however, it does not absolve
him of the consequences of his actions.

8. I humbly requests the court to carefully evaluate the evidence presented,

including witness testimonies and any available forensic evidence, to
arrive at a fair and just judgment in this case.

9. This reply affidavit is being executed to attest to the truth of all the
foregoing facts and events to strengthen my claims from the previously
filed affidavit.
 IN WITNESS WHEREOF, I have hereunto affixed my signature on this
th
29 day of February 2018, at Cabangan, Zambales, Philippines.

AGUSTINA BULATAO
Affiant

SUBSCRIBED AND SWORN to before me this 29th day of February at

Cabangan, Zambales, Philippines. I HEREBY CERTIFY that I have personally
examined the affiant and that I am convinced that he voluntarily executed the
foregoing affidavit and that he understood the contents thereof.

ATTY. GOLDA A. RESERVA

Assistant City Prosecutor
 Republic of the Philippines
Department of Justice
Provincial Prosecutor’s Office
Office of the Provincial Prosecutor
Province of Zambales

People of the Philippines,

Complainant,
Criminal Case No.: 112233
For: Murder
{Art. 248 of the RPC}
-versus-

Julius dela Cruz,

Respondent,

x--------------------------------x

REJOINDER AFFIDAVIT

I, Julius dela Cruz, the respondent in this case, hereby submit this
rejoinder affidavit in response to the reply affidavit submitted by the petitioner
pertaining to the Criminal Case No. 112233. I solemnly affirm the following
statements to be true and correct to the best of my knowledge and belief:
1. The petitioner correctly acknowledges that the charges against me do not
pertain to any harm inflicted upon my dog, Bogart. I understand that the
focus of the allegations is the incident involving the late Bobby Bulatao.

2. While I recognize that the previous attempt to harm Bogart on January 10,
2018, may not directly justify my subsequent actions, I would like to
emphasize that this incident significantly affected my emotional state and
perception of potential threats.
 3. In my counter affidavit, I admitted to witnessing a group of men striking
Bogart with stones on February 16, 2018. It is crucial to note that my
decision to retrieve a firearm was driven by a genuine concern for the
safety of my beloved dog and myself, considering the prior attempt to
harm Bogart.

4. I maintain that my actions were driven by a reasonable belief in self-

defense and protection of property. While the use of a firearm can be
perceived as excessive force, it is important to understand the emotional
distress and fear I experienced in that moment.

5. I acknowledge the petitioner's argument regarding the proportionality of

my response in relation to the perceived threat. However, I firmly believe
that the circumstances leading up to the altercation, including offensive
language and the imminent act of picking up a stone, necessitated a quick
and decisive response to protect my own life.

6. The petitioner's claim under the Reply Affidavit specifically Paragraph 6,

that the loss of a human life cannot be justified solely based on offensive
language and perceived intent to harm is noted. However, it is essential to
consider the totality of the circumstances and the immediate danger I
perceived at that critical moment.

7. I acknowledge that surrendering myself to the Cabangan Police Station

does not absolve me of the consequences of my actions. I have taken
responsibility for my actions and will continue to cooperate fully with the
legal proceedings.

8. I am executing this affidavit to attest, to the best of my knowledge, the

truthfulness and correctness of the foregoing facts and to support my
initial claim in the Counter Affidavit and for the court to look into the case
with total fairness.

IN WITNESS WHEREOF, I have hereunto affixed my signature on this

th
29 day of February 2018, at Cabangan, Zambales, Philippines.

AGUSTINA BULATAO
 Affiant
th
SUBSCRIBED AND SWORN to before me this 29 day of February at
Cabangan, Zambales, Philippines. I HEREBY CERTIFY that I have personally
examined the affiant and that I am convinced that he voluntarily executed the
foregoing affidavit and that he understood the contents thereof.

ATTY. GOLDA A. RESERVA

Assistant City Prosecutor