Professional Documents
Culture Documents
CITY OF TAGBILARAN )
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AFFIDAVIT
4. Due to the siad incident, I was hospitalized and was comatosed for more
than six (6) months at Chong Hua Hospital, Cebu City;
9. And as a result of the negligence of JUAN SISON, I was able to spend the
amount of P500,000.00 for the check-up, medication, and certification. He
must pay me the said amount as actual damages;
10.As a result of the incident, I was traumatized and could not even sleep well
until at present. I suffered sleepless nights and serious anxiety. Sometimes,
I could not eat well as a result of the incident. Thus, I am claiming the
amount of P50,000.00 as moral damages;
11.To deter others from doing the same act, especially that he failed to render
assistance to me while I fell on the ground and laid there in pain, JUAN
SISON should be ordered to pay the amount of P30,000.00 as exemplary
damages;
12.I am executing this affidavit to attest to the truth of the foregoing facts and
for the purpose of filing a criminal complaint against JUAN SISON.
ANNE Y. TAYLOR
Affiant
COMPLAINT AFFIDAVIT
ANNE Y. TAYLOR
SANTIAGO GUNIGUNDO
Prosecutor
WITNESSES
ANNE Y. TAYLOR
Affiant
Doc. No.12
Page No. 59
Book No. XLVII KING JAMES VERSION
Series of 2018 MCLE Compliance No. III-0012832-04/16/2010
PTR No. 2354663-12/22/2010-Tagbilaran
IBP Lifetime No. 03965
Roll No. 39654
TIN 118-664-915
REPUBLIC OF THE PHILIPPINES
CITY/MUNICIPALITY OF TAGBILARAN) SS.
ACKNOWLEDGMENT
NOTARY PUBLIC
INFORMATION
CONTRARY TO LAW.
Tagbilaran City, Philippines, this 03rd day of November,
2018.
JAIME SANTIAGO
Associate Prosecution Attorney II
Approved:
JUAN D. TAMAD
City Prosecutor
WITNESSESS
DIOSA S. MORALES
Affiant
Doc. No.13
Page No. 59
Book No. XLVII KING JAMES VERSION
Series of 2018 MCLE Compliance No. III-0012832-04/16/2010
PTR No. 2354663-12/22/2010-Tagbilaran
IBP Lifetime No. 03965
Roll No. 39654
TIN 118-664-915
REPUBLIC OF THE PHILIPPINES)
CITY OF TAGBILARAN )
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AFFIDAVIT
7. As a result of the incident, I was traumatized and could not even sleep well
until at present due to the loss of my beloved husband. I suffered sleepless
nights and serious anxiety. Sometimes, I could not eat well as a result of
the incident. Thus, I am claiming the amount of P30,000.00 as moral
damages;
8. I am executing this affidavit to attest to the truth of the foregoing facts and
for the purpose of filing a criminal complaint against DIOSA S.
MORALES.
AFFIDAVIT
I execute this affidavit freely and voluntarily to attest to the truth of the
foregoing.
LUCAS S. MAGTANGGOL
Affiant
AFFIDAVIT
I execute this affidavit freely and voluntarily to attest to the truth of the
foregoing.
JULIAN Y. KLARO
Affiant
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the City of Tagbilaran, personally
appeared DIOSA S. MORALES with her Voter’s ID No. 1324-0057D-G2098C-
B2096JBC10000, issued on May 24, 1990 at Makati City; LUCAS
MAGTANGGOL with his TIN No. 1234-567, issued on May 01, 2016 at
Tagbilaran City; JULIAN Y. KLARO with his SSS ID No. 1234, issued on May
09, 2017 at Tagbilaran City, Bohol, known to me and to me known to be the same
person who executed the foregoing instrument which (he/she) acknowledged to me
as (his/her) free and voluntary act and deed, consisting of only one (1) page/s,
including this page in which this Acknowledgement is written, duly signed by
(him/her) and (his/her) instrumental witnesses on each and every page hereof.
WITNESS MY HAND AND SEAL this 02nd of December at Tagbilaran
City, Philippines.
NOTARY PUBLIC
Jose Corpuz right to file an action against Pedro Reyes has already
prescribed. Under the circumstances mentioned, Jose Corpuz may file a case
for slight physical injuries punishable under Article 266 of the Revised Penal
Code, taking into consideration that he only suffered physical injuries which
incapacitated him for labor from 1 to 9 days and required medical attendance
during the same period (Par. 1, Article 266, Revised Penal Code).
In order to institute a case for slight physical injuries, he must file a
complaint before the Office of the Prosecutor of Tagbilaran City considering
that the injuries were inflicted within the territories of the City of Tagbilaran
(Section 10, Rule 110, Rules of Court). Considering the provision of Article
90 of the Revised Penal Code which provides that light penalty prescribes in
two months, he should have initiated the complaint before the lapse of two
months from the date of the incident before the aforesaid office; otherwise
the complaint for physical injuries may only be dismissed because the crime
already prescribed. However, granting that Jose Corpuz has brought the issue
under Katarungang Pambarangay, the running of the prescriptive period of
an offense stops from the moment the same is brought under the
Katarungang Pambarangay. It will continue to run after the Certification to
File Action or the Certificate of Repudiation is issued. This is according to
Republic Act (R.A.) No. 7160 or the Local Government Code of 1991, which
provides:
“Sec. 410. Procedure for Amicable Settlement. —
(c) Suspension of prescriptive period of offenses. — While the dispute is
under mediation, conciliation, or arbitration, the prescriptive periods for
offenses and cause of action under existing laws shall be interrupted upon
filing of the complaint with the punong barangay. The prescriptive periods
shall resume upon receipt by the complainant of the complaint or the
certificate of repudiation or of the certification to file action issued by the
lupon or pangkat secretary: Provided, however, That such interruption shall
not exceed sixty (60) days from the filing of the complaint with the punong
barangay.
As can be gleaned from the aforementioned law, the running of the
prescriptive period of an offense is suspended temporarily once the
complaint is filed before the Barangay Chairman under the Katarungang
Pambarangay. However, as likewise stated above, such suspension shall last
for only 60 days. Beyond the said period, the prescriptive period shall
continue to run even if no certification is issued yet. Therefore, Jose’s cause
of action against Pedro has already prescribed since the action was not filed
within the prescriptive period.