Republic of the Philippines

REGIONAL TRIAL COURT OF PALAWAN

Fourth Judicial Region
Branch 48
Puerto Princesa City

EDITHA TIBAY STEVENS,

Plaintiff,

- versus - CIVIL CASE NO. _____

For: Damages

DIOSCORO ROXAS
Defendant.
x===================x

COMPLAINT

COMES NOW the plaintiff by the undersigned attorney, and

unto this Honorable Trial Court, respectfully manifests:

1. That plaintiff Editha Tibay Stevens is of legal age, married, and

with office address at E-Estate Business Center, National Highway, Brgy. San
Miguel, Puerto Princesa City, Palawan. However, she may be served with
notices, orders and court processes by this Honorable Trial Court at the
undersigned attorney office address at 7 Shorthorn St., Rancho Estate 1,
Concepcion Dos, Marikina City;

2. That defendant is of legal age, Filipino, married and with residence

address at Brgy. New Agutaya, Municipality of San Vicente, province of
Palawan where he may be served with summons at the above mentioned
address;
 3. That for cause of action against the defendant, it is hereby stated
that on May 23, 2008, herein defendant Dioscoro Roxas duly executed and
signed a Affidavit/Complaint1 and filed the same with the Office of the
Provincial Prosecutor of Palawan and later on, was transferred to the City
Prosecution Office of Puerto Princesa maliciously, deliberately, wrongly and
falsely charging the herein plaintiff for a criminal offense of Falsification of
Public Documents;

4. That the aforesaid Affidavit/Complaint stemmed from the alleged

forging, falsifying, or counterfeiting of the signature of defendant Dioscoro
Roxas by herein plaintiff on a purported Deed of Absolute Sale 2 dated July
25, 2006;

5. That herein plaintiff seasonably submitted her Verified Counter-

Affidavit3 before the City Prosecution Office of Puerto Princesa attached all
the pertinent documentary evidences however for superficial basis, the City
Prosecution Office of Puerto Princesa issued a Resolution finding probable
cause against the plaintiff;

6. An Information4 for Falsification of Public Documents was filed

before the Municipal Trial Court in Cities (MCTC) of Puerto Princesa City
against the plaintiff and consequently, a warrant of arrest5 was issued and
bail bond was fixed at P12,000.00;

7. After the Pre Trial, full blown trial ensued and after the
presentation of the evidence in chief of the prosecution or after eight (8)
years since the initiation of said nuisance suit, the prosecution finally rested
its case;

1
Affidavit/Complaint dated May 23, 2008-Annex “A”
2
Deed of Absolute Sale dated July 25, 2006-Annex “B”
3
Counter-Affidavit –Annex “C”
4
Information-Annex “D”
5
Warrant of Arrest-Annex “E”
 8. After the prosecution rested its case and convinced that the
herein defendant has no case in fact and in law against the plaintiff from the
very beginning, plaintiff filed a Motion to Dismiss on Demurrer to Evidence6
which eventually granted by MCTC of Puerto Princesa City through its Order7
dated April 10, 2017 or almost nine (9) years since the filing of harassment
suit;

9. That for the kind information of this Honorable Trial Court,

during the pendency of said nuisance case for Falsification of Public
Documents for nine (9) years, many business opportunities were missed and
lost by the plaintiff aside from the fact that her name that she protected all
through her life was dragged by the filing of said nuisance case;

10. That during several court hearings of said case, plaintiff needs to
cancel all her business appointments in order to attend only the said
important hearing dates to the prejudice and damage of her business;

11. Thus, it totally affects the credibility and integrity of plaintiff’s

companies by filing such harassment suit by defendant;

12. That clearly the aforesaid criminal case hurdled against the
herein plaintiff was only to blackmail her and with the ultimate goal of
extorting money;

13. That Articles 29, 20 and 21 of the Civil Code of the Philippines,
explicitly provide that:

Art. 19. Every person must, in the exercise of his

rights and in the performance of his duties, act with
justice, give everyone his due, and observe honesty and
good faith;
6
Motion to Dismiss on Demurrer to Evidence-Annex “F”
7
Order dated April 10, 2017-Annex “G”
 Art. 20. Every person who, contrary to law,
willfully or negligently causes damage to another, shall
indemnify the latter for the same;

Art. 21. Any person who willfully causes loss or

injury to another in a manner that is contrary to morals,
good customs, or public policy shall compensate the
latter for the damage.

14. That obviously, the herein defendants violated the aforesaid

cardinal legal precepts when they maliciously, deliberately and intentionally
filed the aforesaid criminal case against the plaintiff without factual and legal
bases;

15. That because of that unfounded and baseless suit filed against
the plaintiff, she suffered actual damages for the hiring of the services of
lawyer in the amount of One Hundred Fifty Thousand Pesos (P150,000.00)
representing acceptance fee, appearance fee, documentation fee and other
miscellaneous expenses;

16. That plaintiff, by reason of such filing of harassment suit, she

lost several business opportunities entitled her to receive an actual damages
amounting to One Million Pesos (P1,000,000.00);

17. That due to the said wrongful and malicious suit, the herein
plaintiff suffered moral damages to due mental anguish, sleepless nights,
serious anxiety, besmirched reputation and social humiliation in the amount
of Five Hundred Thousand Pesos (P500,000.00) and exemplary damages in
the amount of Two Hundred Fifty Thousand Pesos (P250,000.00).

WHEREFORE, IN VIEW OF ALL THE FOREGOING, plaintiff through

the undersigned counsel prays unto this Honorable Court, after due hearing,
to adjudge defendant DIOSCORO ROXAS, to pay the following:
 (1) Actual damages of ONE MILLION PESOS
(P1,000,000,00);

(2) Moral damages of FIVE HUNDRED THOUSAND PESOS

(P500,000.00);

(3). Exemplary Damages of TWO HUNDRED FIFTY

THOUSAND PESOS (P250,000.00)

(4) Attorney’s fees of ONE HUNDRED FIFTY THOUSAND

PESOS (P150,000.00);

with legal interest from the date of filling this suit, plus costs of the suit,
and such other remedies as may be just and equitable in the premises.

Marikina City for Puerto Princesa City, June 27, 2017.

V.M. MANLAPAZ & ASSOCIATES LAW FIRM

Counsel for Plaintiff
7 Shorthorn St, Rancho Estate 1
Concepcion Dos, Marikina City
02-532-0661/09189622944

ATTY. VICTOR M. MANLAPAZ

Roll of Attorneys No. 50441
IBP No. 1070938; 01/31/17; Pasig City
PTR No. 85833356; 01/20/17; Marikina City
MCLE Compliance No. V-0 0014215; 04/15/16
vic_manlapaz77@yahoo.com
 Republic of the Philippines)
Puerto Princesa City, Palawan) s.s

VERIFICATION AND CERTIFICATION

Affiant EDITHA TIBAY STEVENS, Filipino, of legal age, married and with
business address at E-Estate Business Center, National Highway, Brgy. San
Miguel, Puerto Princesa City, Palawan, on oath, deposes and states:

1. I am the plaintiff of this instant case;

2. I have read and understood the contents of the foregoing Complaint

and attest that the factual allegations therein are true and correct of
my own knowledge and belief.

3. I hereby certify that I have not hereto commenced another action or

proceeding involving the same issued as in this Complaint before the
Supreme Court, the Court of Appeals, or the different divisions thereof,
or before any other court, tribunal or agency. Neither is I am aware of
the tendency of a such other action or proceeding involving the same
issues as in this Complaint, before the Supreme Court, The Court of
Appeals, or the different division thereof, or before any other court,
tribunal or agency.

EDITHA TIBAY STEVENS

Affiant

SUBSCRIBED AND SWORN to before me this ____ day of ______ at

Puerto Princesa City, affiant exhibiting to me her Passport No. __________,
issued on _____________, at ___________________.

Doc. No. _____:

Page No. _____:
Book No. _____:
Series of 2017.