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Complaint Affidavit
Complaint Affidavit
Complaint Affidavit
COMPLAINT-AFFIDAVIT
after having been sworn to in accordance with law, depose and say
that:
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2] We are instituting this criminal complaint against the
following RESPONDENTS who are all of legal ages, Filipino citizens,
and with their respective residence and postal addresses indicated
after their respective names where subpoenas may be served by this
Honorable Office for purposes of preliminary investigation:
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Article 172. Falsification by private individual
and use of falsified documents. - The penalty of
prision correccional in its medium and maximum
periods and a fine of not more than P5,000 pesos shall
be imposed upon:
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8.1] that Rafaelita R. Sotayco [sister of COMPLAINANTS]
donated to Cesar R. Sotayco [deceased spouse of
Respondent Grecelda] two parcels of land described as
follows:
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9] Thereafter, causing to be feigned, simulated and
counterfeited the signature of the said Rafaelita R. Sotayco appearing
on the bottom portion and over the typewritten name “RAFAELITA R.
SOTAYCO” on page 1 of said Kasulatan ng Pagkakaloob (Deed of
Donation) dated 23 September 2015 duly notarized by Respondent
Atty. Sajor.
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INDIVIDUAL OVERT ACTS OF THE
ABOVE-NAMED RESPONDENTS
IN THIS CONSPIRACY
3 Valdez vs. People of the Philippines (G.R. Nos. 75896-99 [5 May 1989])
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commission of the felony proved, collective liability of
the accused conspirators attaches by reason of the
conspiracy, and the court shall not speculate nor
even investigate as to the actual degree of
participation of each of the perpetrators present at
the scene of the crime. Of course, as to any
conspirator who was remote from the situs of
aggression, he could be drawn within the enveloping
ambit of the conspiracy if it be proved that through his
moral ascendancy over the rest of the conspirators
the latter were moved or impelled to carry out the
conspiracy.
RESPONDENT GRECELDA
RESPONDENT GLENN
RESPONDENT JOHN CESS
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dizziness and vomiting which prompted for a cranial
CT scan showing cerebellar mass 3.9 X 3.0CM.
Subsequent MRI revealed a 4 X 3.2 X 4.0 posterior
medial cerebellar mass probably meningioma.
Patient was then advised surgery. Hence, admitted.”
19] At this point, let it be stated that the original copy of the
questioned Kasulatan ng Pagkakaloob (Deed of Donation) notarized
by Respondent Sajor is in the possession of Respondent Grecelda.
The same having been executed in her family’s favor. Clearly,
Respondent Grecelda and her two sons (Respondents Glenn and
John Cess) are the ones who are chiefly benefiting from the falsified
document.
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20.1] tenants’ rental amounting to Php45,000.00 per
month in the commercial stalls constructed in the parcel of
land with Transfer Certificate of Title No. T-129503 (M)
mentioned in sub-paragraph 8.1.1 hereof; and
22] In the same breath, the Supreme Court in Maliwat vs. Court
of Appeals (G.R. No. 107041-42, 15 May 1996) keenly pointed out as
follows:
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RESPONDENT MARIA NOEIME
RESPONDENT NATALIA
6The Matter of the Probate of the Last Will and Testament of Jose Venzon, Valentina Cuevas vs.
Pilar Achachoso (G.R. No. L-3497, 18 May 1951)
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28.2] That they affixed their respective signatures as well
in the said Kasulatan in the presence both of Respondent
Atty. Sajor and Rafaelita on 23 September 2015.
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pertinent portion of which states as follows:
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credible witnesses neither of whom is privy to
the instrument, document or transaction who
each personally knows the individual and shows
to the notary public documentary identification
(boldfacing supplied for emphasis).”
7 Dela Cruz, et. al. vs. Atty. Jose R. Dimaano, Jr. (A.C. No. 7781, 12 September 2008)
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33] Indeed, as keenly pointed out by the Supreme Court8 -
MEDIATION/CONCILIATION PROCEEDINGS
AT THE BARANGAY
8 Atty. Miniano B. dela Cruz vs. Atty. Alejandro P. Zabala (A.C. No. 6294, 17 November 2004)
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35] Unfortunately, the almost one-year of discussion between
COMPLAINANTS and Respondents Grecelda and her two sons
(Respondents Glenn and John Cess) were in vain. As a
consequence, COMPLAINANTS were left with no other option but
resort, and they in fact resorted, to barangay mediation/conciliation
proceedings.
COMPLAINT-AFFIDAVIT (ESTAFA:FALSIFICATION) 17 of 19
The co-owned parcel of land with Transfer Certificate of Title
No. T-482562 (M) containing an area of 1,051 square meters is
registered in the names of the Sotayco siblings named as follows:
COMPLAINT-AFFIDAVIT (ESTAFA:FALSIFICATION) 18 of 19
SUBSCRIBED AND SWORN TO before me, this _____th day
of March 2019 in the City of Malolos, Province of Bulacan,
Philippines.
_____________________
Asst. Provincial Prosecutor
CERTIFICATION
I HEREBY CERTIFY that I have personally examined the
Affiants and I am satisfied that they voluntarily executed and
understood the allegations contained in the Complaint-Affidavit which
according to them are true and correct based on their personal
knowledge and available authentic records.
_____________________
Asst. Provincial Prosecutor
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