Republic of the Philippines
Department of Justice
OFFICE OF THE LEYTE PROVINCIAL PROSECUTOR
Tacloban City, Leyte
SUSAN R. DE LA CRUZ NPS NO. VIII-02-INV-20G-00018
Complainant,
For:
-versus-
HOMICIDE
APOLINARIO LAROA, JR. y
MALDOA alias “JOJO”
Respondent.
Date Assigned: October 18, 2020
Date Resolved: October 30, 2020
Promulgated: November 27,
2020
x-----------------------------------------------------------------------------------------x
RESOLUTION
This resolves the complaint filed by Susan R. de la Cruz,
mother of the victim, Vince R. de la Cruz, through counsel Atty. Remy
R. Trinidad, against respondent Apolinario Laroa, Jr. y Maldoa alias
“Jojo”, a resident of Brgy. San Vicente, Tolosa, Leyte, for Homicide.
Me Julievin R. de la Cruz alleges that on October 06, 2020, she
and her brother Vince were attending a fiesta celebration at
respondent’s residence in Brgy. San Vicente, Tolosa, Leyte. Before
the incident took place, she, Vince and the respondent were seated
on one table together with respondent’s friend Steffi Aura Concha O.
Elegio. They were singing karaoke and drinking until about 6 o’clock
in the evening when respondent signified that he would already take
Steffi home. Vince tried to convince them several times to stay a
while. When respondent insisted to leave, Vince followed them and
grabbed respondent’s shirt. Respondent suddenly punched Vince in
the face. Then, Vince punched respondent back and they engaged in
a fist fight. She (Me Julievin) and Steffi pacified them. However,
respondent shouted “Sus kay weak ka man!” which made Vince
charge at him. When Vince got close, the respondent took hold of a
knife which he grabbed from a nearby table and stabbed Vince in the
stomach. Vince staggered and then the respondent stabbed him
again which caused Vince to fall on the floor. Afterwards, the
respondent ran away.
Page 2 - Resolution
NPS No. VIII-02-INV-20G-00018
Vince was rushed to the Leyte Provincial Hospital for treatment,
but was declared dead on arrival. The Post Mortem Report shows
that he suffered the following injuries: (1) 3 cm stab wound at the right
upper quadrant of the abdomen, penetrating, and (2) 2 cm stab
wound at the abdomen, penetrating. The cause of death was T/C
Hypovolemic shock secondary to massive blood loss.
In his counter-affidavit, respondent Apolinario Laroa, Jr. y
Maldoa alias “Jojo” does not deny having stabbed Vince R. de la
Cruz twice in the stomach. However, he interposes the defense of
self-defense and presented an entirely different version of the
incident. His version of the incident was essentially corroborated by
Steffi Aura Concha O. Elegio.
Considering that respondent does not deny having stabbed the
victim, Vince R. de la Cruz, albeit interposing the valid defense of
self-defense, there is therefore probable cause to indict respondent
Apolinario Laroa, Jr. y Maldoa alias “Jojo” of the crime of Homicide,
defined and penalized under Article 249 of the Revised Penal Code
for the death of Vince R. de la Cruz.
WHEREFORE, it is respectfully recommended, that an
Information for Homicide be filed against respondent Apolinario
Laroa, Jr. y Maldoa alias “Jojo” before the Regional Trial Court,
Tacloban City, Leyte. Recommended bail for respondent’s provisional
liberty is set at One Hundred Twenty Thousand Pesos (Php
120,000.00)
Tacloban City, Leyte, October 30, 2020.
KIMBERLY ANNE H. LATONIO
Prosecutor I
MCLE Compliance No. VI – 0006020
Valid until June 05, 2021
APPROVED:
GISELLE G. TRINCHERA
Prosecutor V
Provincial Prosecutor – Leyte
Page 3 - Resolution
NPS No. VIII-02-INV-20G-00018
MCLE Compliance No. VI-0006180, April 14, 2022
Copy furnished:
Susan R. de la Cruz
San Miguel St., Brgy. Poblacion
Tolosa, Leyte
Apolinario M. Laroa, Jr.
Brgy. San Vicente
Tolosa, Leyte
