Republic of the Philippines) S.S.

City of Davao )
X------------------------X

COMPLAINT-AFFIDAVIT

I, ALEXIS M. JAVIER, (the “Complainant”), of legal age, married,

Filipino and resident of #134 Azaleah St., Ruby Subdivision, Brgy. Catalunan
Grande, Davao City, Philippines, after having been sworn to in accordance
with law, do hereby depose and say that:

1. I am instituting this criminal complaint against MR. VERGEL G. PASPAS

(“Respondent PASPAS”) single, of legal age, Filipino citizen, and
resident of Sitio Bayabas, Brgy. Catalunan Grande, Davao City, for
MALICIOUS MISCHIEF as defined and penalized under Article 327 in
relation to Article 329 of the Revised Penal Code of the Philippines to
wit:

“Article 327. Who are liable for malicious mischief. – Any

person who shall deliberately cause the property of another
any damage not falling within the terms of the next
preceding chapter shall be guilty of malicious mischief.

XXX

Article 329. Other mischiefs. – The mischiefs not included

in the next preceding article shall be punished:

1. By arresto mayor in its medium and maximum

periods, if the value of the damage caused exceeds
1, 000 pesos;

2. By arresto mayor in its minimum and medium

periods, if such value is over 200 pesos but does not
exceed 1, 000 pesos;

3. By arresto menor or fine of not less than the value of

the damage caused and not more than 200 pesos or
cannot be estimated.”

2. The criminal offense complained of was committed as follows:

 a. On or about 7:00 a.m. of May 2, 2018, respondent PASPAS, with
intent to cause damage and moved by personal resentment, did
then and there willfully, unlawfully and feloniously, pasture his
female cow color1 white in the farm belonging to the Complainant
located at Catalunan Grande, Davao City2. The respondent tied the
cow’s rope to the 3-year old mango tree bearing abundant fruits
situated in the said farm;

b. The respondent nonchalantly shrugged off the protestation of MS.

GRETCHIN CINCO3, a concerned neighbor of the complainant, not
to tie the rope to the 3-year old mango tree as the cow may
damage its fruits. “KULANG PA ANG DAMAGE ANING MANGGAHA
SA PAIN UG DISAPPOINTMENT NA IYANG GISUKLI SA AKONG
GUGMA NIYA.” the respondent instead retorted this way after Ms.
Cinco forewarned him.

c. Thereafter, respondent PASPAS proceeded to deliberately tie the

rope to the mango tree and was about to head back home when
Ms. Cinco, all of a sudden, shouted her heart out, “HALA ANG
MANGGA! HALA ANG BAKA! AYAW LAGE NA ITUGWAY ANG BAKA
DIHA! HALA ANG MANGGA! LUOYA SA MANGGA UY!” while
watching the cow climbing atop the tree and started to voraciously
consume starting from the fruits down to its roots. The respondent,
without remorse, instead cheered his cow up in consuming the
mango tree entirely.

d. The value of the damage caused by Respondent VERMON amounted

to 7,000 pesos which was the amount spent in raising the mango
tree for 3 years and the amount of medicine for it to bear fruit.

e. Respondent’s unlawful act of destroying Complainant’s property was

committed merely for the sake of damaging Complainant’s property
and was motivated by feelings of hate and revenge towards Mr.
Alexis M. Javier by reason of a heated argument about farming.

f. I am executing this affidavit to attest to the truth of the foregoing

averment and to support the criminal complaint for MALICIOUS

1
As evidenced by a photograph captured by the witness Ms. Gretchin Cinco. Herein attached as Annex “A”
2
As evidenced by a photocopy of the Original Certificate of Title 7517. Herein attached as Annex “B”
3
The affidavit executed by the witness Ms. Gretchin Cinco as her testimony is herein attached as Annex “C”
MISCHIEF against Respondent PASPAS, who should be charged
accordingly.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 17th day of May 2018 at Davao City, Philippines.

CLOYDIE MARK R. MARCOS

Complainant

SUBSCRIBED AND SWORN to before me this 17th day of May

2018 at Davao City. I hereby certify that I have personally
examined the affiant and that I am fully satisfied that she
voluntarily executed and understood the contents of the above
affidavit.