PERUBLIC OF THE PHILIPPINES )

PROVINCE OF BATANGAS ) S.S

MUNICIPALITY OF BALAYAN )

COMPLAINT – AFFIDAVIT

I, Simon Techavez, of legal age, Filipino and a resident of Acacia St., Brgy. Puno,
Calaca, Batangas, do hereby state the following under oath:

1. I am the child of spouses Luke Techavez and Mary Techavez. As proof of such
fact, attached is a copy of my Certificate of Live Birth as Annex “A”;

2. I have five (5) siblings, namely: Matthew Techavez, John Techavez, Peter
Techavez, Paul Techavez and Simon Techavez;

3. We are the legitimate children and heirs of our deceased parents, Luke Techavez,
who died on October 25, 2000 and Mary Techavez who died on October 26, 2000. As proof of
their deaths, attached in this affidavit is their Death Certificate as Annexes “B” and “C’
consecutively;

4. Upon our parents’ death, they left a parcel of commercial land located at Brgy.
Puno, Calaca, Batangas measured at 450 sq. m. under Tax Declaration No. 1144. A copy of the
said Tax Declaration is attached as Annex “D”;

4.1 Under existing laws, all the legitimate heirs shall have an equal share from all the
properties left behind by their deceased parents;

5. Last 2007, I discovered that Matthew Techavez, John Techavez, Peter Techavez
and Paul Techavez executed an EXTRA JUDICIAL SETTLEMENT OF ESTATE WITH
WAIVER in favour of our brother Mark Techavez. A copy of the said document is attached as
Annex “E”;

6. Mark Techavez then caused the transfer of the property under his name due to the
execution of the Extra Judicial Settlement of Estate with Waiver. As proof, attached is a copy of
a Tax Declaration issued by the Office of the municipal Assessor of Puno, Calaca, Batangas,
with Tax Declaration /ARP No. 0003—00235 as Annex “F”;

7. Upon the transfer of the said parcel of land under his name, Mark then executed a
Deed of Absolute Sale Involving Real Property, for the amount of EIGHT HUNDRED
THOUSAND PESOS (Php 800,000.00), in favor of his daughter Martha Techavez. After the
execution of the Deed of Sale, the latter then caused the transfer of the property under her name.
As proof of the Tax Declaration with TD/ ARP NO. 0003-00236 under the name of Martha
Techavez as Annexes “G” and “H” consecutively;
 8. As legitimate heirs, we Simon Techavez, Matthew Techavez, John Techavez,
Peter Techavez and Paul Techavez were deprived of our rights on the said parcel through the
fraudulent transfer of the said land in favour of Mark Techavez and Martha Techavez;

9. As such, we are hereby charging Mark Techavez and Martha Techavez for
violation of Article 171 and 172 of the Revised Penal Code.

IN WITNESS WHEREOF, I have hereunto set my hand this 20 th day of February, 2020
at Calaca, Batangas.

SIMON TECHAVEZ
Affiant

CERTIFICATION

SUBSCRIBED AND SWORN to before me this 20 th day of February 2020 at the

Municipality of Calaca, Batangas. I hereby certify that I have personally examined the affiant
and that I am satisfied that he has voluntarily executed and has fully understood the contents of
his affidavit-complaint.

ATTY. BASTE CO
CITY PROSECUTOR
 Republic of the Philippines
Department of Justice
NATIONAL PROSECUTION SERVICE
Office of the Provincial Prosecutor
Calaca, Batangas

SIMON TECHAVEZ NPSD NO. IV-02-INV-17D-00389

Complainant,
For: Violation of Art. 172 in
Relation to art. 171

-versus-

MARK TECHAVEZ and

MARTHA TECHAVEZ,
Respondents.
x---------------------------------------------x

COUNTER-AFFIDAVIT OF RESPONDENT
MARK TECHAVEZ

I, MARK TECHAVEZ, of legal age, Filipino, and a resident of Acacia St., Brgy. Puno,
Calaca, Batangas do hereby state the following under oath:

1. I am one of the respondents in the above-mentioned case filed against me and my

co-respondent by my brother SIMON TECHAVEZ;

2. I am denying the baseless allegations hurled against me by my brother. The truth,

in fact, is that my brother deliberately omitted certain facts regarding the commercial land left by
our parents upon their death;

3. The truth is that our deceased parents left a parcel of unregistered land measured
at 450 sq.m. located at Brgy. Puno, Calaca, Batangas. The said parcel of land was declared for
tax purposes under Tax Declaration No. 1144;

4. We then executed an Extrajudicial Settlement of Estate with waiver covering the

said parcel of land. Due to my financial constraints, my siblings executed the document in my
favour and thereafter waived their rights and interest over the said land. At the time the said
document was executed, my brother Paul Techavez was in Italy while John Techavez and Peter
Techavez were in the US;

5. Paul Techavez, John Techavez and Peter Techavez knew that we executed the
said document as they gave their blessing. In return for waiving their rights and interests over the
said land, Matthew Techavez, Peter Techavez and Paul Techavez each asked for Php 350,000.00
as payment while my brother Simon Techavez did not ask for anything since he was no longer
interested in the said land as he was already living abroad;
6. Art. 171 of the Revised Penal Code states that:

Falsification by public officer, employee or notary or ecclesiastic

minister. — The penalty of prision mayor and a fine not to exceed P5,000 pesos
shall be imposed upon any public officer, employee, or notary who, taking
advantage of his official position, shall falsify a document by committing any of
the following acts:

a. Counterfeiting or imitating any handwriting, signature or rubric;

b. Causing it to appear that persons have participated in any act or proceeding
when they did not in fact so participate;
c. Attributing to persons who have participated in an act or proceeding
statements other than those in fact made by them;
d. Making untruthful statements in a narration of facts;
e. Altering true dates;
f. Making any alteration or intercalation in a genuine document which changes
its meaning;
g. Issuing in an authenticated form a document purporting to be a copy of an
original document when no such original exists, or including in such a copy a
statement contrary to, or different from, that of the genuine original; or
h. Intercalating any instrument or note relative to the issuance thereof in a
protocol, registry, or official book.

The same penalty shall be imposed upon any ecclesiastical minister

who shall commit any of the offenses enumerated in the preceding paragraphs
of this article, with respect to any record or document of such character that its
falsification may affect the civil status of persons.

7. While Art. 172 of the Revised Penal Code states that:

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:

a. Any private individual who shall commit any of the falsifications

enumerated in the next preceding article in any public or official document
or letter of exchange or any other kind of commercial document; and
b. Any person who, to the damage of a third party, or with the intent to cause
such damage, shall in any private document commit any of the acts of
falsification enumerated in the next preceding article.

Any person who shall knowingly introduce in evidence in any judicial

proceeding or to the damage of another or who, with the intent to cause such
damage, shall use any of the false documents embraced in the next preceding
 article, or in any of the foregoing subdivisions of this article, shall be punished
by the penalty next lower in degree.

8. It is impossible to say that my daughter and I violated the said provisions as we

did not forge any signature nor falsified the execution of the Extrajudicial Settlement. In fact, we
did not include the names of Paul Techavez, John Techavez and Peter Techavez as they were not
physically present at the time the document was made. Lastly, we affirmed, under oath, that we
executed the document pursuant to the procedure laid down under Sec. 1 Rule 74 of the Rules of
Court. Mark Techavez stated that he knew the transfer of the property way back in 2010 yet it
took him 10yrs to file a claim or assert interest on the said land;

9. The Extra Judicial Settlement of Estate with waiver was signed consciously and
free from vitiated consent, on the condition that I will pay them, except John Techavez, of the
requested amount;

10. With respect to this, we hereby request this Honourable Office to dismiss the
complaint against us for being baseless and malicious.

IN WITNESS WHEREOF, I have hereunto set my hand this 28 th day of February, 2020
at Quezon City.

MARK TECHAVEZ
Affiant

CERTIFICATION

SUBSCRIBED AND SWORN to before me this 28 th day of February 2020 at Calaca,

Batangas. I hereby certify that I have personally examined the affiant and that I am satisfied that
he has voluntarily executed and has fully understood the contents of his affidavit-complaint.

ATTY. BASTE CO
CITY PROSECUTOR