REPUBLIC OF THE PHILIPPINES )

(City of Iloilo ) S.S.

COMPLAINT-AFFIDAVIT

I, MERRY BRANDYBUCK, Filipino, of legal age, with assistance

of counsel, and a resident of Barangay Amerang, Cabatuan, Iloilo, after

having been duly sworn to in accordance with law, do hereby depose and

say:

1. That I am filing a complaint for Qualified Trespass to Dwelling

against Peregin Took, who can be served with summons and notices at

Barangay Rizal Ilaya, Cabatuan, Iloilo.

2. That on or about midnight of March 1, 2018, at my residence in

the Cabatuan, Iloilo, as I was listening to music, Mr. Took pounds on the

door of my house.

3. That upon opening the door about six inches and realizing that I

could not hear what Mr. Took was saying, I stepped back into the room a

few feet to turn the volume down without opening the door further.

4. That, continuing to express outrage, Mr. Took pushed the door

completely open and entered my apartment unit.

5. That upon ordering Mr. Took to leave, he punched me hard, as

a result of which I suffered substantial injury.

6. That PEREGIN TOOK, a private person, entered my dwelling

against my will.
 7. That such offense was committed by means of violence through

the acts of pushing the door open and punching me after entering my house.

8. That it has been held in U.S. v. Paray, 17 Phil. 378, that

pushing the door violently and slapping the occupants after entering

constitutes the crime of Qualified Trespass to Dwelling.

9. That it has been held in U.S. v. Clauck, 6 Phil. 486, that:

“In the crime of forcible entry of a dwelling committed with

violence, force, or intimidation, it is to be presumed that such

entry was effected against the will of the occupants. It is logical

to presume that the occupants of a house would not consent to

anyone entering the same forcibly or with violence and

intimidation, and it is absurd to claim that such entry of the

house of another is not against the will of the occupant.”

10. That I am executing this affidavit to attest to the truthfulness of

the foregoing facts and to support the filing of a Criminal Case for Qualified

Trespass to Dwelling against Mr. Took.

IN WITNESS WHEREOF, I have hereunto set my hand this 28th

day of March 2018, in Iloilo City, Philippines.

MERRY BRANDYBUCK
Affiant
 SUBSCRIBED AND SWORN to before me this 28th day of March

2018 in Iloilo City, Philippines. I hereby certify that I have personally

examined the affiant and I am satisfied that he fully understood and

voluntarily executed his complaint-affidavit.