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					To: The City Fiscal

Sir,

Republic of the Philippines,
City of Quezon City


Affiant Complaint:

I, Javier A. Punsalang, contractual computer programmer, after having duly sworn to
in accordance with law do hereby depose and state:

            Last September 9, two conductor/dispatchers who I think work for Marlea Lines
       airconditioned buses mauled me at the corner of P. Tuazon and EDSA. I had
       recognized them as the individuals who harassed me at the same covered
       pedestrian crossing at that intersection some days before. Then they were
       screaming curses of “babae !” and “babae ito !” at me. On the morning of September
       9 as I was going to ride a bus bound for Cartimar, I again saw them and knew that
       their practice was to harass me as soon as I had crossed over to the southbound
       lane of EDSA. So this time when I got to the sidewalk of EDSA southbound I cursed
       them, saying “bakla ang dalawa sa may covered walk !” They then feigned
       ignorance, making exaggerated animated motions; “pa-overacting kung baga sa
       Pilipino”. Making as if they wanted to make sure it was them I was referring to. I
       motioned to them that it was indeed them I was referring to. They continued with
       their “FAMAS worthy overacting routine”. I cursed them again calling them “bakla”
       and “unano” (dwarf – for one of them was very short) and when they still persisted
       with their “moro-moro”, I gave them my “dirty finger”. After some time one of them
       crossed EDSA and confronted me. He said “Bakit, ano ba ang problema mo ?”
       mock – angrily. I in turn replied “Ano ang problema mo (mismo) ?”. He was
       continuing with the feigned ignorance routine again.
       After several seconds of this “nambabaligtad”. by him he said something like “ Kung
       hindi mo kaya (kami) huwag mo ipagtutuloy!” By then his other companion had
       crossed EDSA and was with him. Once the first knew his companion was with him
       “lumakas na ang loob niya” and he began pushing me hard in the chest at least
       twice moving me back each time. I did not retaliate. Once he sensed his
       companion was near enough both of us, the smaller one started punching me. They
       fully well could see my injured and bandaged right hand and the black elastic elbow
       brace on my left elbow and the sight of these injuries encouraged their cowardly
       attack no end. Together the two punched me at least 2 to 3 times before I attempted
       to defend myself by kicking ineffectually at the smaller one because I did not have
       good balance due to my injuries. I just managed to land a glancing light blow with
       my foot but it was so ineffectual that I just got frustrated inside. It did not deter him
       at all. I could only use my feet to defend myself because of my useless right hand
       which I could not even form into a fist (kamao) due to my partially amputated finger
       which was not even close to being healed and my left elbow which had been badly
       injured and fractured due to a fall from my bicycle. I had no force like a normal man
       could exert with full mobility and use of his left arm. To this day, this left arm gives
       me pain and I cannot even flex it fully like it was before fracturing the bone and
       tearing the ligaments and connective tissue. The two bones of my forearm even
today continue to dislocate from their sockets even if I don’t exert them unduly - say,
like leaning on my left arm. According to the orthopedic surgeon, I have to wear this
elbow brace continually to give the 2 forearm bones a chance to stabilize
themselves in their proper sockets and the connective tissues a chance to anchor
themselves properly. I have learned belatedly that at best, this injury will only
recover to only 60 % of its former strength and capability, even with therapy.
     So the two conductors, one on either side of me continued to rain punch after
punch on me, on my face mostly. They landed at least 8 punches while I could only
ward them off by keeping my arms extended. I tried again to kick out again to make
them keep their distance but the taller one caught my foot and held onto it so that I
was helplessly trying to maintain my balance hopping on one leg. Finally I freed my
leg but they continued assaulting and punching me until I fell hard hurting my right
knee. I rolled desperately on the ground to try to get back on my feet because I
feared that they would just kick me into submission if I couldn’t. I finally got up and
they continued to assault me while all I could do was keep my hands up to try and
make them keep their distance. But they kept on coming at me from either side. I
remember thinking to myself that things were looking bleak as to fending them off for
much longer but was determined to try just the same – they would not have their
way with me, I decided. Finally some good samaritans – concerned bystanders who
had seen the mauling, arrived and saved me from more serious harm – shouting
“Tama na ! tama na kasi eh !” forcefully several times to the 2 thugs, shielding me
from the two of them. So finally I thought that the mauling was over. So dropping
my arms which still had raised to protect myself, turned away from the taller one for
a split second to pick up my shoulder bag. As I did so and straightened up once
more, he blindsided me and punched me down hard on the left side of my face
before I could stand fully erect. I just cursed because I could not believe his
cowardice yet again! But I did not retaliate for I knew it would lead nowhere. A large
crowd had gathered and two PNP police officers approached us. They were still a
couple of meters away when I heard the 2 of them trying to carry on with their
“nambabaligtad” ploy. They said “mabuti hindi siya binugbog nang todo-todo (ng
mga tao). Then the smaller one added, “Siya ang nag-umpisa – sinipa ako dito sa
dibdib !” and made an exagerrated motion of raising his t-shirt, even though he full
well knew I barely grazed him with my foot. The damned liar was actually claiming
that I started the fight with a kick. I said in a loud voice for the police officers and the
gathering crowd to hear “Sandali, sandali – ako ang binugbog nila dito ! Sila ang
nag-umpisa dito , hah ! Ako ang nag- fa-file ng complaint dito ! Mambabaligtad lang
ag mga ito ! Then addressing the 2 responding police officers I said also in a loud
voice “Saan ba kayo, kapag kinakailangan, hah !!”
       With that, I took stock of my situation. I felt relatively okay, but my mouth
inside was bleeding, so I spat out some bloody saliva just to make sure and wiped
some on my shirt front. No teeth seemed affected, since now I was wearing braces
and I was afraid that the expensive dental work might be damaged. I had some pain
in my right knee – but at the time it was not so noticeable. It would get worse as the
day wore on. So we then proceeded to the police station at Camp Panopio at P.
Tuazon Avenue.
      Again as at the scene of the mauling the 2 conductors tried to repeat their
“nambabaligtad” ploy. So to prevent that I again spoke in a loud voice, “ Sandali
lang, hah ! Sandali lang ! “ Addressing the complaints desk officer, I continued, “Ako
ang binugbog nilang dalawa ! Sila ang nag-umpisa nito, OK ? Mambabaligtad na
lang nanaman ito , OK ? Ako ang nag fa-file ng complaint dito, OK ? “ With that the
two quieted down and the police officer took down my statement and had it
blottered in the logbook. After he had written on the blotter for some time and
excused himself for some other thing the older of the two began exagerratedly and
animatedly joking with another civilian - an old man. Then the older conductor
taunted me with “Uulan ito !” loud enough for everyone to hear aside from me. So I
strode purposefully towards them and said to the police officer just a couple of
inches from them and said, “ O, narinig mo iyon ah !? Sabi niya - ‘uulan ito !’
talagang kilala nila ako eh ! Yun ang sinasabi ko kasi, kilalala nila ako noong dati pa
! “ But the police officer kept silent, but just a couple of seconds earlier when the 2
were joking among themselves that same officer had a very malicious look and was
openly staring at me. Finally the police officer assigned to receive complaints
returned his attention to me again. He said in a loud voice to me, for all to hear, “
Ano, payag ka – hindi mo na itutuloy yung complaint mo at hindi rin nila itutuloy ang
(counter) complaint nila at uuwi na lang kayong lahat ? Payag ka ? (bali’ I-papa-
blotter na lang at hindi ko na itutuloy yung complaint ko) . I remember thinking to
myself he must be crazy to think I would just drop my complaint just like that. This
cowardly pair had just mauled me and this cop thought he could just let it go at that.
I said to him indignantly in a loud voice for all present to hear “Ano !? , Anong hindi
ko itutuloy ng complaint ? Binugbog nga ako ng mga tarantadong ito pagkatapos
hindi ko itutuloy itong complaint ko ? Siempre itutuloy ko ang complaint ko ! Ako ang
biktima dito !” That quieted him for quite a moment and he looked embarrassed as
hell. The two conductors were quiet and could not say a word. Just a couple of
minutes later this same cop came back from the room just next to the complaints
desk and repeated the same offer. Again, angrily I rejected it like I did the first time.
This time he finally acknowledged that I would file my complaint and reluctantly took
down my filing for complaint in his logbook. After that the smaller one tried to bluster
to me and intimidate me saying “ Di, puede na namin kontaktin ang attorney namin ?
Na-cell ko na nga eh !” showing us both his cell phone. This same one had been
making a big exaggerated deal about raising his t-shirt for everyone to see and
pointing to where I had kicked him; making a great effort to show that he had been
severely hurt by the blow when in fact I barely grazed him, failing to make solid
contact because of my poor balance; apart from insisting that I had instigated the
fight by landing the first blow of the fight by kicking him ! A liar to the end ! There
wasn’t a mark on his torso anywhere ! Finally the complaints desk officer instructed
me and the two conductors that we had to have a medico – legal examination at
Camp Crame that same day so our injuries could be examined. Of course, I was the
only one who had any injuries ! So I waited for my friend to arrive because I had
called him on my cell phone for help earlier. When he arrived we left and proceeded
to Camp Crame. There my friend left me to get the examination done. While there
my right knee which was only slightly painful at Camp Panopio was getting
increasingly painful and it was difficult for me to walk now, especially ascending and
descending stairs. At 1:00 PM I went to the Medico-Legal Clinic to be examined and
while there I discovered that my painful knee actually had a spreading contusion. It
was bleeding under the skin. In the excitement I did not even known that my knee
had been hurt that much. My bloodied mouth was no longer bleeding by the time
they examined me because I had rinsed off after eating lunch. My face looked
unmarked at the time of the examination because of the poor lighting and the half–
hearted efforts of the resident on duty. But later when I arrived home and took a
bath I felt the sting of the soapy water on my face and realized I must have been cut
during the mauling. Sure enough after I had toweled off I checked my face under
the incandescent bulb by the bathroom mirror and saw an abrasion – a cut about ¾
inch long on my right temple. The resident back at Camp Crame had missed it
because the poor lighting was only fluorescent lighting. So I had my wounds
examined by the orthopedist who operated on my fractured finger in Marikina who
made out a certificate to attest to his examination. When I returned to Camp
Panopio some days later that same complaints desk policeman again had the “kapal
ng mukha” to ask me gain if I only wanted to have it placed on blotter and not a
formal complaint. I controlled myself this time and said I would pursue my formal
complaint. So a certain PO 2 Vivian Doria Umpad lady officer took down my
statement. I thought that I would get some professional service this time but I was to
be mistaken. This woman officer had initially appeared cooperative, but as I gave
my statement she began to cut me off time and time again as I gave my detailed
account of the mauling; saying things like “understood na iyan” or “ alam na ng fiscal
iyan” or “balikan natin mamaya iyan” or “maiintindihan na iyan”. I kept on
emphasizing to her that she should get it word for word as accurately and detailed
as possibly because this was a police statement and I should only be doing it once.
But she continued to cut me off unprofessionally. I even asked if I could give my
statement in English since this was an official government and legal document but
she insisted that it should be done in Tagalog. So I had no choice but to let her
proceed. So I just got my statement and later proceeded to and filed my lawsuit with
the Quezon City hall. I verified with one of the fiscals on duty if I could file an
additional statement and she said that I could submit a supplemental affidavit to
support the unsatisfactory police statement.

      Hence, respectfully, I am submitting this supplemental affidavit as attachment
to support my original complaint and police statement.


Subscribed and sworn to before me this 7th day of November, 2005 at Quezon
City, Philippines



                                                     Signed : Javier A. Punsalang

				
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