Republic of the Philippines

PHILIPPINE NATIONAL POLICE

Aklan Police Provincial Office
Kalibo Municipal Police Station
Kalibo, Aklan

The Honorable Provincial Prosecutor Date February 21, 2025

Aklan

(Attn: Atty. Sim Orquiola)

Sir,
I have the honor to send you herewith a case of SLIGHT PHYSICAL INJURIES
for inquest only, wherein the victim was one ROBERT SMELL Y POT, 25 years old,
single, meat vendor, and lastly resided at Purok 6, C. Laserna St., Pob. Kalibo, Aklan.
The accused is:

CAIRON BINIGONG Y NIBIG, 28 years old, single, meat vendor, native of

Aglucay, Makato Aklan and residing at Andagao, Kalibo, Aklan.

(UNDER ARREST)

ENCLOSURES:
1. Crime report dated February 21, 2025;
2. Sworn statement of complainant, Robert Smell;
3. Sworn statement of witness, Lawrence Masarap;
4. Sworn statement of witness, John Dave Maharot;
5. Sworn statement of attending physician, Dr. Third Pangapat
6. Affidavit of Complaint
7. Report from Medico-Legal Office.

WITNESSES:
1. Lawrence Masarap - Bulwang, Numancia, Aklan
2. John Dave Maharot - Old Buswang, Kalibo, Aklan
3. Dr. Third Pangapat - c/o Medico-Legal Office, Aklan
4. Pat Bogart Makalat - Kalibo Municipal Police Station
FACTS OF THE CASE:
Investigation disclosed that the victim and the suspect were business competitors
in the Kalibo Public Market. On February 20, 2025, at around 9:00 a.m. in the said
market, while the victim Robert Smell was busy entertaining his customers, the accused
Cairon Binigong furiously approached the victim in his stall and had a heated argument
with the victim because he heard him telling his customers not to buy meat from the said
accused. As the argument arose, the accused with a butcher’s knife charged the victim
and started swinging the knife towards the victim and started punching him in the
different parts of his body.

The victim intervened but suffered multiple scratches and bruises in his body.
The victim was conveyed to the DRSTMH, Kalibo and was then diagnosed with minor
injuries and was incapacitate for labor and medical attention for 1 to 9 days. The suspect,
who was apprehended by the responding officer, was turned over to this office for
investigation.

On account of the foregoing, the suspect was placed under arrest and the charge
of SLIGHT PHYSICAL INJURIES against him will be brought to the attention of an
inquest fiscal for proper disposition and recommendation.

This case will be brought to you by Cpl Andrie Bugos of this Command.

Very respectfully yours,

BERTONG P. PUTIK
Police Major, PNP
Investigation Chief

RECOMMENDATION:

ATTY. SIM ORQUIOLA

(Inquest Prosecutor)
 Republic of the Philippines
PHILIPPINE NATIONAL POLICE
Aklan Police Provincial Office
Kalibo Municipal Police Station
Kalibo, Aklan

SWORN STATEMENT OF LAWRENCE MASARAP TAKEN BY PMAJ BERTONG

P. PUTIK OF KALIBO MUNICIPAL POLICE STATION, KALIBO, AKLAN IN THE
PRESENCE OF PCL ANDRIE BUGOS PNP/HUD DING GUARD ON 21 FEBRUARY
2025.

PRELIMINARY: After you have been informed by your constitutional right, do you
swear to tell the truth, nothing but the whole truth?

ANSWER: Yes, Sir. I swear.

1. Q: What is your full name?

A: Lawrence Masarap
2. Q: What is your address?
A: Bulwang, Numancia, Aklan
3. Q: Where were you on February 20, 2025, at approximately 9:00 a.m.?
A: I was at the Kalibo Public Market.
4. Q: Did you witness an altercation between Robert Smell and Cairon Binigong?
A: Yes.
5. Q: Describe what you saw.
A: I saw Cairon approaching Robert furiously. Then, suddenly, Cairon swung his
knife at Robert and started punching him.
6. Q: What kind of knife did Cairon Binigong have?
A: It appeared to be a butcher's knife.
7. Q: Describe the actions of Cairon Binigong.
A: He aggressively swung the knife and repeatedly punched Robert.
8. Q: What was Robert Smell doing before the attack?
A: I can't say for sure, but he seemed to be serving customers.
9. Q: Did Robert Smell fight back?
A: I didn't see him fight back, he was mostly trying to defend himself.
 10. Q: Did you see any injuries on Robert Smell?
A: I saw him get hit, but I didn't get a close look at his injuries.
11. Q: How long did the altercation last?
A: It happened quickly, maybe 5 minutes or less.
12. Q: Did anyone intervene?
A: I don't know for sure, but I believe someone called for help.
13. Q: Were there other people present?
A: Yes, there were other people in the market.
14. Q: Did you hear what they were arguing about before the attack?
A: I didn't hear their argument clearly.
15. Q: Are you willing to testify in court about this incident?
A: Yes.

End of Statement

Lawrence Masarap
(Affiant)

AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT, made and executed by and between ROBERT SMELL, of
legal age, single and a resident of Purok 6, C. Laserna St., Pob. Kalibo, Aklan, hereinafter
known as the COMPLAINANT or PARTY OF THE FIRST PART, and CAIRON
BINIGONG, of legal age, single and a resident of Aglucay, Makato Aklan and residing at
Andagao, Kalibo, Aklan hereinafter known as the RESPONDENT or PARTY OF THE
SECOND PART, witnesseth:

1. On February 20, 2025, at around 9:00 a.m. in the said market, while the
COMPLAINANT OR PARTY OF THE FIRST PART was busy entertaining his
costumers, THE SECOND PART Cairon Binigong furiously approached the
COMPLAINANT in his stall and had a heated argument with the victim because
he heard him telling his customers not to buy meat from the said accused. As the
argument arose, the accused with a butcher’s knife charged the victim and started
swinging the knife towards the victim and started punching him in the different
parts of his body.
2. That as a result COMPLAINANT was rushed to Dr. Rafael S. Tumbukon
Memorial Hospital after the incident for proper medical attention of his injuries
sustained on said incident while RESPONDENT voluntarily surrendered to the
responding policemen and was brought to the station for proper disposition;
3. That the following morning, COMPLAINANT OR THE PARTY OF THE FIRST
PART appeared to the station to file criminal charges for Slight Physical Injuries
against the RESPONDENT or THE PARTY OF THE SECOND PART but before
he will pursue to file a case, there was confrontation conducted between the duo;
4. That during their confrontation both parties agreed to settle the case amicably
provided that all the medical expenses including the hospital bills of the
COMPLIANANT or PARTY OF THE FIRST PART will be shouldered by the
RESPONDENT or PARTY OF THE SECOND PART;
5. That if all the medicines of the COMPLAINANT or PARTY OF THE FIRST
PART will be consumed and the injuries is not cured, the RESPONDENT or THE
PARTY OF THE SECOND PART will be the one to buy additional medicine
until the injuries will be totally healed.

IN WITNESS HEREOF, the said parties have hereunto set their hands, this 21 st
day of February 2025, at Kalibo, Aklan, Philippines.

ROBERT SMELL CAIRON BINIGONG

(Complainant Party of the 1st Part) (Respondent/Party of the 2nd part)

 Republic of the Philippines
PHILIPPINE NATIONAL POLICE
Aklan Police Provincial Office
Kalibo Municipal Police Station
Kalibo, Aklan

SWORN STATEMENT OF JOHN DAVE MAHAROT TAKEN BY PMAJ BERTONG

P. PUTIK OF KALIBO MUNICIPAL POLICE STATION, KALIBO, AKLAN IN THE
PRESENCE OF PCL ANDRIE BUGOS PNP/HUD DING GUARD ON 21 FEBRUARY
2025.

PRELIMINARY: After you have been informed by your constitutional right, do you
swear to tell the truth, nothing but the whole truth?

ANSWER: Yes, Sir. I swear.

1. Q: What is your full name?

A: John Dave Maharot
2. Q: What is your address?
A: Old Buswang, Kalibo, Aklan
3. Q: Where were you on February 20, 2025, at approximately 9:00 a.m.?
A: I was at the Kalibo Public Market, buying meat from Robert Smell's stall.
4. Q: Did you witness an altercation between Robert Smell and Cairon Binigong?
A: Yes.
5. Q: Describe what you saw.
A: As I was buying from Robert, Cairon approached his stall and they got into a
heated argument. Suddenly, Cairon swung his knife at Robert and started
punching him.
6. Q: What kind of knife did Cairon Binigong have?
A: It appeared to be a butcher's knife.
7. Q: Describe Cairon Binigong's actions.
A: He was very aggressive, striking with the knife and throwing punches.
8. Q: What was Robert Smell doing before the attack?
A: He was serving me and other customers.
9. Q: Did Robert Smell fight back?
A: Not really; he was mostly trying to protect himself.
 10. Q: Did you see any injuries on Robert Smell?
A: I saw him get hit, but I didn't examine his injuries closely.
11. Q: How long did the altercation last?
A: It was a short but intense confrontation, maybe 5 minutes.
12. Q: Did anyone intervene?
A: I think someone called the authorities.
13. Q: Were there other people present?
A: Yes, several other people were in the market.
14. Q: Did you hear what they were arguing about before the attack?
A: I heard some shouting but couldn't make out the specific words.
15. Q: Are you willing to testify in court about this incident?
A: Yes.

End of Statement

John Dave Maharot

(Affiant)

AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT, made and executed by and between ROBERT SMELL, of
legal age, single and a resident of Purok 6, C. Laserna St., Pob. Kalibo, Aklan, hereinafter
known as the COMPLAINANT or PARTY OF THE FIRST PART, and CAIRON
BINIGONG, of legal age, single and a resident of Aglucay, Makato Aklan and residing at
Andagao, Kalibo, Aklan hereinafter known as the RESPONDENT or PARTY OF THE
SECOND PART, witnesseth:

1. On February 20, 2025, at around 9:00 a.m. in the said market, while the
COMPLAINANT OR PARTY OF THE FIRST PART was busy entertaining his
costumers, THE SECOND PART Cairon Binigong furiously approached the
COMPLAINANT in his stall and had a heated argument with the victim because
he heard him telling his customers not to buy meat from the said accused. As the
argument arose, the accused with a butcher’s knife charged the victim and started
swinging the knife towards the victim and started punching him in the different
parts of his body.
2. That as a result COMPLAINANT was rushed to Dr. Rafael S. Tumbukon
Memorial Hospital after the incident for proper medical attention of his injuries
sustained on said incident while RESPONDENT voluntarily surrendered to the
responding policemen and was brought to the station for proper disposition;
3. That the following morning, COMPLAINANT OR THE PARTY OF THE FIRST
PART appeared to the station to file criminal charges for Slight Physical Injuries
against the RESPONDENT or THE PARTY OF THE SECOND PART but before
he will pursue to file a case, there was confrontation conducted between the duo;
4. That during their confrontation both parties agreed to settle the case amicably
provided that all the medical expenses including the hospital bills of the
COMPLIANANT or PARTY OF THE FIRST PART will be shouldered by the
RESPONDENT or PARTY OF THE SECOND PART;
5. That if all the medicines of the COMPLAINANT or PARTY OF THE FIRST
PART will be consumed and the injuries is not cured, the RESPONDENT or THE
PARTY OF THE SECOND PART will be the one to buy additional medicine
until the injuries will be totally healed.

IN WITNESS HEREOF, the said parties have hereunto set their hands, this 21 st
day of February 2025, at Kalibo, Aklan, Philippines.

ROBERT SMELL CAIRON BINIGONG

(Complainant Party of the 1st Part) (Respondent/Party of the 2nd part)

 Republic of the Philippines
PHILIPPINE NATIONAL POLICE
Aklan Police Provincial Office
Kalibo Municipal Police Station
Kalibo, Aklan

SWORN STATEMENT OF ROBERT SMELL TAKEN BY PMAJ BERTONG P.

PUTIK OF KALIBO MUNICIPAL POLICE STATION, KALIBO, AKLAN IN THE
PRESENCE OF PCL ANDRIE BUGOS PNP/HUD DING GUARD ON 21 FEBRUARY
2025.

PRELIMINARY: After you have been informed by your constitutional right, do you
swear to tell the truth, nothing but the whole truth?

ANSWER: Yes, Sir. I swear.

1. Q: What is your full name?

A: Robert Smell
2. Q: What is your address?
A: Purok 6, C. Laserna St., Pob. Kalibo, Aklan.
3. Q: What is your occupation?
A: I am a meat vendor at the Kalibo Public Market.
4. Q: On February 20, 2025, at approximately 9:00 a.m., where were you?
A: I was at my meat stall in the Kalibo Public Market, serving customers.
5. Q: Did you have an altercation with Cairon Binigong?
A: Yes.
6. Q: Describe what happened.
A: Cairon Binigong came to my stall in a rage. He accused me of telling
customers not to buy meat from him. We argued, and then he suddenly attacked
me. He swung a butcher's knife at me and started punching me repeatedly in the
face and body.
7. Q: Did you fight back?
A: I tried to defend myself, but he was much stronger and more aggressive.
8. Q: Did you sustain any injuries?
A: Yes, I suffered multiple bruises and scratches on my body. I was taken to
DRSTMH, Kalibo, for treatment.
 9. Q: What was the diagnosis at DRSTMH?
A: I was diagnosed with minor injuries and was given a medical certificate
indicating I was incapacitated for labor for [Number] days. (Insert the number of
days from the medical certificate).
10. Q: Did you make any statements to your customers about not buying meat from
Cairon Binigong?
A: I may have mentioned to some customers that my meat was fresher or better
quality, but I never told them not to buy from Cairon. I was simply trying to
promote my own business.
11. Q: Were there any witnesses to the altercation?
A: Yes, several customers were at my stall at the time. I believe Andrex
Diminahal, John Dave Maharot, and Lawrence Masarap witnessed the incident.
12. Q: Did you have any prior disputes with Cairon Binigong?
A: We are business competitors, so there has been some tension, but nothing
serious before this incident.
13. Q: What was the nature of your argument with Cairon Binigong?
A: It was primarily about customers and competition. He seemed to think I was
actively trying to sabotage his business.
14. Q: After the attack, what happened?
A: Someone called the police, and Cairon was apprehended. I was taken to the
hospital.
15. Q: Are you willing to testify in court about this incident?
A: Yes.

End of Statement

Robert Smell
(Affiant)
AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT, made and executed by and between ROBERT SMELL, of
legal age, single and a resident of Purok 6, C. Laserna St., Pob. Kalibo, Aklan, hereinafter
known as the COMPLAINANT or PARTY OF THE FIRST PART, and CAIRON
BINIGONG, of legal age, single and a resident of Aglucay, Makato Aklan and residing at
Andagao, Kalibo, Aklan hereinafter known as the RESPONDENT or PARTY OF THE
SECOND PART, witnesseth:

1. On February 20, 2025, at around 9:00 a.m. in the said market, while the
COMPLAINANT OR PARTY OF THE FIRST PART was busy entertaining his
costumers, THE SECOND PART Cairon Binigong furiously approached the
COMPLAINANT in his stall and had a heated argument with the victim because
he heard him telling his customers not to buy meat from the said accused. As the
argument arose, the accused with a butcher’s knife charged the victim and started
swinging the knife towards the victim and started punching him in the different
parts of his body.
2. That as a result COMPLAINANT was rushed to Dr. Rafael S. Tumbukon
Memorial Hospital after the incident for proper medical attention of his injuries
sustained on said incident while RESPONDENT voluntarily surrendered to the
responding policemen and was brought to the station for proper disposition;
3. That the following morning, COMPLAINANT OR THE PARTY OF THE FIRST
PART appeared to the station to file criminal charges for Slight Physical Injuries
against the RESPONDENT or THE PARTY OF THE SECOND PART but before
he will pursue to file a case, there was confrontation conducted between the duo;
4. That during their confrontation both parties agreed to settle the case amicably
provided that all the medical expenses including the hospital bills of the
COMPLIANANT or PARTY OF THE FIRST PART will be shouldered by the
RESPONDENT or PARTY OF THE SECOND PART;
5. That if all the medicines of the COMPLAINANT or PARTY OF THE FIRST
PART will be consumed and the injuries is not cured, the RESPONDENT or THE
PARTY OF THE SECOND PART will be the one to buy additional medicine
until the injuries will be totally healed.

IN WITNESS HEREOF, the said parties have hereunto set their hands, this 21 st
day of February 2025, at Kalibo, Aklan, Philippines.

ROBERT SMELL CAIRON BINIGONG

(Complainant Party of the 1st Part) (Respondent/Party of the 2nd part)

 Republic of the Philippines
PHILIPPINE NATIONAL POLICE
Aklan Police Provincial Office
Kalibo Municipal Police Station
Kalibo, Aklan

SWORN STATEMENT OF DR. THIRD PANGAPAT TAKEN BY PMAJ BERTONG

P. PUTIK OF KALIBO MUNICIPAL POLICE STATION, KALIBO, AKLAN IN THE
PRESENCE OF PCL ANDRIE BUGOS PNP/HUD DING GUARD ON 21 FEBRUARY
2025.

PRELIMINARY: After you have been informed by your constitutional right, do you
swear to tell the truth, nothing but the whole truth?

ANSWER: Yes, Sir. I swear.

1. Q: What is your full name?

A: Third Pangapat
2. Q: What is your official title and position?
A: I am a Medico-Legal Officer at Dr. Rafael S. Tumbukon Memorial Hospital.
3. Q: On what date and time did you examine Robert Smell?
A: I examined Robert Smell on February 20, 2025 at 2 P.M in the afternoon.
4. Q: What was the reason for the examination?
A: Mr. Smell was brought to the hospital following an alleged assault.
5. Q: Describe the injuries you observed on Mr. Smell.
A: Upon examination, Mr. Smell presented with multiple contusions (bruises) and
abrasions (scratches) on his face, arms, and torso. The injuries were consistent
with blunt force trauma and possible sharp object contact.
6. Q: Did you take any photographs or other documentation of the injuries?
A: No.
7. Q: What is your assessment of the severity of Mr. Smell's injuries?
A: The injuries sustained by Mr. Smell were classified as slight injuries. They
required cleaning and dressing of wounds, pain medication].
8. Q: How long, in your professional opinion, would Mr. Smell be incapacitated for
work due to his injuries?
 A: Based on my assessment, Mr. Smell was incapacitated for labor for
approximately 1-9 days.
9. Q: Were there any signs of self-inflicted injuries or pre-existing conditions that
could have contributed to the observed injuries?
A: No, there were no indications of self-inflicted injuries or pre-existing
conditions that could account for the injuries observed.
10. Q: Are the injuries consistent with the account of an assault provided by Mr.
Smell?
A: Yes, the injuries are consistent with the account of an assault described by Mr.
Smell.
11. Q: Did you conduct any further tests or examinations?
A: No.
12. Q: Can you specify the type of weapon that may have caused the observed
injuries?
A: Based on the abrasions observed, a sharp object, possibly a knife, may have
been involved in addition to blunt force trauma.
13. Q: Do you have a medical certificate documenting your findings?
A: Yes, a medical certificate detailing my findings is attached as Exhibit B.
14. Q: Are you willing to testify in court regarding your examination and findings?
A: Yes.
15. Q: Is there anything else relevant to this case that you wish to add?
A: No.

End of Statement

Dr. Third Pangapat

(Affiant)

AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT, made and executed by and between ROBERT SMELL, of
legal age, single and a resident of Purok 6, C. Laserna St., Pob. Kalibo, Aklan, hereinafter
known as the COMPLAINANT or PARTY OF THE FIRST PART, and CAIRON
BINIGONG, of legal age, single and a resident of Aglucay, Makato Aklan and residing at
Andagao, Kalibo, Aklan hereinafter known as the RESPONDENT or PARTY OF THE
SECOND PART, witnesseth:

1. On February 20, 2025, at around 9:00 a.m. in the said market, while the
COMPLAINANT OR PARTY OF THE FIRST PART was busy entertaining his
costumers, THE SECOND PART Cairon Binigong furiously approached the
COMPLAINANT in his stall and had a heated argument with the victim because
he heard him telling his customers not to buy meat from the said accused. As the
argument arose, the accused with a butcher’s knife charged the victim and started
swinging the knife towards the victim and started punching him in the different
parts of his body.
2. That as a result COMPLAINANT was rushed to Dr. Rafael S. Tumbukon
Memorial Hospital after the incident for proper medical attention of his injuries
sustained on said incident while RESPONDENT voluntarily surrendered to the
responding policemen and was brought to the station for proper disposition;
3. That the following morning, COMPLAINANT OR THE PARTY OF THE FIRST
PART appeared to the station to file criminal charges for Slight Physical Injuries
against the RESPONDENT or THE PARTY OF THE SECOND PART but before
he will pursue to file a case, there was confrontation conducted between the duo;
4. That during their confrontation both parties agreed to settle the case amicably
provided that all the medical expenses including the hospital bills of the
COMPLIANANT or PARTY OF THE FIRST PART will be shouldered by the
RESPONDENT or PARTY OF THE SECOND PART;
5. That if all the medicines of the COMPLAINANT or PARTY OF THE FIRST
PART will be consumed and the injuries is not cured, the RESPONDENT or THE
PARTY OF THE SECOND PART will be the one to buy additional medicine
until the injuries will be totally healed.

IN WITNESS HEREOF, the said parties have hereunto set their hands, this 21 st
day of February 2025, at Kalibo, Aklan, Philippines.

ROBERT SMELL CAIRON BINIGONG

(Complainant Party of the 1st Part) (Respondent/Party of the 2nd part)

 Republic of the Philippines
KALIBO MUNICIPAL TRIAL COURT
PROVINCE OF AKLAN

PEOPLE OF THE PHILIPPINES CRIMINAL CASE NO. 001

(Plaintiff) FOR SLIGHT PHYSICAL
INJURIES
versus (Para. 1, Art 266, RPC)

CAIRON N BINIGONG
x----- Accused -----x

COMPLAINT

The undersigned Chief of Police, PNP, Kalibo Municipal Police Station, Kalibo,
Aklan, Philippines under oath accuses CAIRON BINIGONG of Andagao, Kalibo,
Aklan for the crime SLIGHT PHYSICAL INJURIES UNDER PARA (1) OF ART 266
of the Revised Penal Code, committed as follows:
That on February 20, 2025, at around 9:00 a.m. in the said market, while the
victim Robert Smell was busy entertaining his customers, the accused Cairon
Binigong furiously approached the victim in his stall and had a heated argument with
the victim because he heard him telling his customers not to buy meat from the said
accused. As the argument arose, the accused with a butcher’s knife charged the victim
and started swinging the knife towards the victim and started punching him in the
different parts of his body.
Wherein accused after bringing the victim to DRSTMH, Kalibo, Aklan for
medical treatment voluntarily surrendered to this station. All in violation of Slight
Physical Injuries under para (1), Art 266 of the Revised Penal Code of the
Philippines.
 CONTRARY TO LAW
Kalibo, Aklan, Philippines, 21 February 2025

PLTCOL GUILLERMO MABANGIS

Chief of Police
WITNESSES
1. Lawrence Masarap...............................................Brgy. Bulwang, Numancia Aklan
(Affidavit will be subscribed upon release of the victims from Hospital)
2. John Dave Maharot............................................Brgy Old Buswang, Kalibo, Aklan
(Affidavit will be subscribed upon release of the victims from Hospital)
3. Pat Bogart Makalat........................................PNP Kalibo Municipal Police Station
4. Dr. Third Pangapat……………………………Attending Physician of the victim
at Dr. Rafael S. Tumbukon Memorial Hospital
5. and others

EXHIBITS
1. Medical Certification of the victim (will be submitted upon release if the victims
from hospital)
2. Identified Butcher’s Knife with Fingerprints

SUBSCRIBED AND SWORN TO before me this 21st day of February 2025 at

Kalibo, Aklan Philippines.

HON ALDOUS BALASUBAS

KMTC Presiding Judge
Kalibo, Aklan

RECEIVED AND FILED this 21st day of February 2025 at Kalibo, Aklan Philippines.

LEANNE BENENGBENG
Clerk of Court
BAILBOND RECOMMENDATION Php ___________