REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTORS
DAVAO CITY

JAIME PANGILINAN SALAZAR,

Represented by
ROSITA RENEJANE SARDUA,
Complainant,

-versus- I.S. NO.

For Violation of
RICHIE PINILI, Article 313, RPC
Respondent.
X--------------------x

COMPLAINT-AFIDAVIT

I, ROSITA R. SARDUA, Filipino, of legal age, married, and a resident

of Block 3 Lot 5 Tongson Village, Bago Aplaya, Davao City, after having been
duly sworn to in accordance with law, hereby depose and state THAT:

1. I am the authorized representative or attorney-in-fact of JAIME

PANGILINAN SALAZAR (Mr. Salazar for Brevity). Attached as
Annex “A” is a copy of the Special Power of Attorney. 1 The
complainant may be served with notices and other processes of this
Honorable Office through its counsel, Atty. Ryan Ric B. Bisnar at
Room 7, 3rd Floor, Lions Club Building, Candelaria Street, Ecoland,
Davao City;

2. Respondent RICHIE PINILI is a Filipino, of legal age, and a

resident of Castro Village, Bago Aplaya, Davao City, where he may
be serve with summons, notices and other processes of this
Honorable Office;

3. JAIME PANGILINAN SALAZAR is the registered and absolute owner

of a parcel of land described as Lot 2204-A-3, PSD 11-104277)
covered by TCT No. 146-2016011719 2;

4. Sometime in February 26, 2019, pursuant to the mandate of Mr.

Salazar, Engineer IRENEO P. BISNAR (Engineer Bisnar for Brevity)
and I went to the property of Mr. Salazar to conduct a relocation
survey. All the boundary marks were still intact and on the right
place during that time;

1
Copy of the Special Power of Attorney as Annex “A TO A-1”
2
Copy of TCT No. 146-2016011719 attached as Annex “B to B-1”
 5. When Engineer Bisnar was about to start, he was confronted and
prevented by MILA PINILI together with her husband and son,
herein respondent, RICHIE PINILI;

6. To avoid further conflict and considering our safety, I ordered

Engineer Bisnar to stop the relocation survey and that we will just
continue the relocation survey some other time;

7. On March 2, 2019, Engineer Bisnar and I went back to the property

to continue the relocation survey but again we were confronted and
stopped by MILA PINILI, her husband and son, RICHIE PINILI. Also
the boundary mark between lot 7704-E and Lot 7704-A-3 was
removed by RICHIE PINILI and placed it further inside the land of
Mr. Salazar, resulting to diminution of Mr. Salazar’s lot in favor of
Lot 7704-E, a parcel of land physically possessed by PINILI Family,
to the damaged and prejudiced of the complainant. This incident
was reported by me on the same day before Police Station 3,
Talomo.3

8. Subsequent visit to the property revealed that the Pinili Family even
put up a barbed wire fence based on the new location of the
boundary mark (Mohon);

9. Repeated demand were made for the return of the Boundary mark
“mohon” to its original place but the same remained unheeded and
instead they countered it with threats if we will pursue the
relocation survey;

10. Thus the Mr. Salazar and complainant were constrained to seek the
assistance of the Office of the Punong Barangay Barangay of Bago
Aplaya, Talomo District thru the Tongson Village Homeowners
Association wherein the complainant is a member. The said
Barangay Office rendered assistance and managed to arrange a
meeting between herein complainant and respondent.

11. Personal confrontations were done in the Office of the Punong

Barangay of Bago Aplaya, however mediation failed. Thus, a
certification was issued by the Office of the Punong Barangay of
Bago Aplaya, Talomo District stating that failure of the mediation 4.

12. The act of the respondent constitutes a violation of Article 313 of

the Revised Penal Code as amended by Section 84 of R.A. 10951,
defined and penalized as follows:

“Sec. 84. Article 313 of the same Act is hereby

amended to read as follows:

3
Copy of the incident report is hereto attached as Annex “C”
4
Certification issued by the Office of the Punong Barangay attached as Annex “D”
 ART. 313. Altering boundaries or landmarks.

- Any person who shall alter the boundary marks or

monuments of towns, provinces, or estates, or any
other marks intended to designate the boundaries of
the same shall be punished by arresto menor or a fine
not exceeding Twenty thousand pesos (P20,000), or
both.” (Emphasis Supplied)

13. By reason of the adamant unlawful act of respondent by removing

the boundary mark (Mohon) and placing it in another place
prejudicial to the complainant, the complainant I suffered damages.
In addition, the complainant was constrained to hire the services of
a lawyer for the proper legal action against the act of the
respondent thereby incurring attorney’s fees in the amount of Thirty
Thousand Pesos (P30,000.00), plus litigation cost and expenses;

14. I hereby execute this affidavit to attest to the truth of the foregoing
and in support of this criminal complaint for violation of Article 313
of the Revised Penal Code as amended by Section 84 of R.A. 10951
or any other crime which the Honorable Office may deem
appropriate under the circumstances against Respondent Richie
Pinili.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

____ day of _____________ at Davao City, Philippines.

ROSITA RENEJANE SARDUA

Affiant

SUBSCRIBED AND SWORN to before me this ____ day of

____________ at Davao City, Philippines. I HEREBY CERTIFY that I have
personally examined the affiant and I am satisfied that she understood her
complaint-affidavit and executed the same on her own free and voluntary
act and deed,

SUBSCRIBING OFFICER