Republic of the Philippines

REGIONAL TRIAL COURT

Fourth Judicial Region
BRANCH ____
Puerto Princesa City

ESPERIDIAN OLA JR. Civil Case No. _____

Plaintiff,

For:

-versus- Damages for Malicious

Prosecution

JENNY CAABAY ARZAGA,

Defendant.
x--------------------------------------------------x

COMPLAINT

COMES NOW, plaintiff, Esperidian Ola Jr., by counsel, and unto this
Honorable Court, most respectfully avers THAT:

1. Complainant ESPERIDIAN OLA JR., is a Filipino, of legal age,

single, and a resident of Barangay Bebeladan, El Nido, Palawan,
where he may be served with summons, papers and other process of
this Honorable Court;

2. Defendant JENNY CAABAY ARZAGA, is a Filipino, of legal age,

married, and resident of Barangay Bebeladan, El Nido, Palawan,
where she may be served with summons, papers and other
processes of this Honorable Court;

3. The cause of action against the defendant, arise when the defendant
JENNY CAABAY ARZAGA, caused the filing of criminal case entitled
 People of the Philippines versus Esperidian Ola Jr. et al. for
Murder with Criminal Case No. 20442 at the Regional Trial Court of
Puerto Princesa City, in which the plaintiff was included as one of the
defendant in the criminal case filed by the defendant;

4. It was alleged in the criminal case filed by the defendant that on

December 18, 2004, at around 5:30 in the afternoon at Barangay
Bebeladan, El Nido, Palawan, the plaintiff Esperidian Ola Jr., together
with Benjamin Hipolito and Dionie Juan armed with bolos along the
highway of Barangay Bagongbayan, El Nido, Palawan, waited
Barangay Treasurer Jaime Caabay to come, that we have a heated
argument and after that I, allegedly hacked Jaime Caabay after he
alighted from his motorcycle, that after that together with Benjamin
Hipolito and Dionie Juan killed Jaime Caabay and fled after the
incident;

5. It was also alleged in the complaint, that according to the witnesses

presented by the defendant that on December 17, 2004, that I have
allegedly confessed to Ali Morana my nephew and one of the witness
presented, that I together with Benjamin Hipolito and Dionie Juan has
an operation at Barangay Bagongbayan, El Nido, Palawan and that in
the morning of December 19, 2004 when we met again I, allegedly
confessed to him on how we killed Jaime Caabay;

6. When in truth and in fact, that on December 18, 2004, I was in the
house of Gavino Dalojo for the whole day at Barangay Bebeladan, El
Nido, Palawan waiting for Bellie Regaza until 7:00 oclock in the
evening of that day and took a meal together with the family of
Gavino Dolojo;

7. The filing of the defendant of the criminal case has has no basis and
the testimonies presented by the respondent is uncorroborated and
unfounded based on the evidence and upon the determination of the
court;

8. In fact the Honorable Court after the determination of the testimonies

of the witnesses and evidences presented on its order dismissed the
criminal case for murder with criminal case no. 20442, entitled
People of the Philippines vs Esperidian Ola Jr., et al.;
 9. That due to the defendants action of filing the criminal case the
plaintiff suffered sleepless nights and besmirched reputation, and that
after the trial and dismissal of the said criminal case the defendant
was not able to live his life the way he used to before the filing of the
criminal case and during the trial;

10. As a result of the defendants action of filing a criminal case,

Plaintiff is now filing this instant case for damages as the result of the
UNTRUTHFUL, BASELESS, SHAM AND ILL-MOTIVATED filing of
Criminal Case No. 20442 for Murder by the Defendant against the
Plaintiff which was eventually dismissed by the Honorable Court, the
defendant failed to prove beyond reasonable doubt the guilt of the
plaintiff.

WHEREFORE PREMISES CONSIDERED, it is respectfully prayed

that, after due hearing, judgement be rendered in favor of the PLAINTIFF
and against the Defendant ordering her:

a. To pay the amount of __________________ as moral

damages;
b. To pay the amount of _________________ as exemplary
damages;
c. To pay the amount of ____________________ as attorneys
fees.

Other reliefs just and equitable under the premises are likewise prayed for.

ESPERIDIAN OLA JR.

Plaintiff

SUBSCRIBED AND SWORN TO, this ________________ at

___________________.
Doc. No. ___;
Page No. ___;
Book No. ___;
Series of ___.

VERIFICATION AND CERTIFICATION

Republic of the Philippines )

____________________ ) S.S

I, ESPERIDIAN OLA JR., of legal age, Filipino and a resident of

Barangay Bebeladan, El Nido, Palawan, after having been sworn to in
accordance with law, do hereby depose and say that:

1. I am the Plaintiff in the above-entitled case;

2. I have caused the preparation of the above-entitled Complaint, and

have read and understood the contents thereof;

3. The allegations therein contained are true and correct of my personal

knowledge;

4. I hereby certify that I have not heretofore commenced any other

action or proceeding involving the same issue or issues in any court,
or any tribunal or quasi-judicial agency and to the best of my
knowledge, no other such action or claim is pending, and if I should
learn thereafter that a similar action or claim is pending, and if I
should learn thereafter that a similar action or claim has been filed or
pending, I guarantee to report that fact, within fifteen (15) days
therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand this

__________________ at ________________________.

ESPERIDIAN OLA JR.

Plaintiff
 SUBSCRIBED AND SWORN TO, this ________________ at
___________________.

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of ___.