In Partial Fulfillment of The Requirements In: Atty. Peter-Joey B. Usita Group 2 - 3D

San Beda University
College of Law
A.Y. 2020-2021
In partial fulfillment of the requirements in
Complaint-Affidavit in Criminal Cases
Judicial Affidavit Rule
Atty. Peter-Joey B. Usita

Submitted to:
Group 2 – 3D
Submitted by:
Participation
ATIENZA, RICHARD D. MIGUEL, JUAN IÑIGO S.
“NagLAWkohan” Broadcaster for Judicial “3DNN” Field Reporter / Actor
Affidavit Rule Drafted the complaint-affidavit/s of the
Drafted the Judicial Affidavit of an following crime/s:
Ordinary Witness 1.! Theft;
2.! Attempted Robbery
BADANGAN, ARRA OLMAYA J. OLAÑO, EMMANUEL S.

“3DNN” Field Reporter / Actor “3DNN” News Anchor / Field Reporter /
Drafted the complaint-affidavit/s of the Actor
following crime/s: Drafted the complaint-affidavit/s of the
1.! Reckless Imprudence Resulting in following crime/s:
Damage to Property 1.! Adultery
DALAODAO, JENICA ANNE T. ORIBE, GAYLE R.

“3DNN” Field Reporter / Actor “3DNN” Field Reporter / Actor
Drafted the complaint-affidavit/s of the Drafted the complaint-affidavit/s of the
following crime/s: following crime/s:
1.! Carnapping 1.! Cyberlibel;
2.! Carnapping
DEAN, VERNON PAUL A. SUMAYA, KIRSTEN ANN L.

“3DNN” Field Reporter / Actor Editor of the Written Output
1.! Acts of Lasciviousness 1.! Rape;
2.! Grave Coercion;
3.! Concubinage
GIRON, JOSE JUSTIN C. TABAO, KRISTELLE Y.

“3DNN” Field Reporter / Actor “3DNN” Field Reporter / Actor
1.! Slight Physical Injuries; 1.! Frustrated Murder
2.! Attempted Homicide;
3.! Frustrated Murder
HIADAN, JAMES CARLO F. VISAYA, FILOUIE C.

“NagLAWkohan” Broadcaster for Judicial Editor of the Written Output
Affidavit Rule Drafted the complaint-affidavit/s of the
Drafted the Judicial Affidavit of an Expert following crime/s:
Witness 1.! Qualified Carnapping
2
Table of Contents
Key Notes in Drafting a Complaint-Affidavit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Requirement of Prior Barangay Conciliation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Complaint-Affidavit in Criminal Cases (With emphases on the elements of the

offense, stage of the offense, and aggravating circumstances)
Slight Physical Injuries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Attempted Homicide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Frustrated Murder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Theft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Attempted Robbery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Rape . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Acts of Lasciviousness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Adultery and Concubinage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Light Threats and Grave Coercion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Libel and Cyberlibel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Reckless Imprudence Resulting in Damage to Property . . . . . . . . . . . . . . . . . . 43
Carnapping and Anti-Fencing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Judicial Affidavit Rule (A.M. No. 12-08-08-SC)
Introduction, Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Effect of Non-Compliance with the Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Application of Rule to Criminal Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Sample of a Judicial Affidavit of an Ordinary Witness . . . . . . . . . . . . . . . . . . . . 54
Judicial Affidavit of an Expert Witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Sample of a Judicial Affidavit of an Expert Witness . . . . . . . . . . . . . . . . . . . . . . 61
3
Key Notes in Drafting
a Complaint-
Affidavit
In making a complaint-affidavit, it is important to have the

following as a checklist:
√ Identity of affiant and other personal circumstances;

√ Statement of venue;
√ Factual allegations to show violation or defense;
√ Signature of affiant;
√ Verification;
√ Certification as to personal examination of affiant; and
√ Supporting documents or affidavits.
Moreover, complaint-affidavits shall be subscribed or sworn to

before any prosecutor or government official authorized to administer
oath, or, in their absence or unavailability, before a notary public.1
They must certify that he personally examined the affiants and that
he is satisfied that they voluntarily executed and understood their
affidavits.
1
Section 3(a), Rule 112 of the Revised Rules of Criminal Procedure.
4
Requirement of
! Barangay Conciliation
!
!
!
A case filed in court without compliance with the prior barangay
conciliation which is a precondition for formal adjudication may be
dismissed upon motion of defendant, not for lack of jurisdiction of the
court but for failure to state a cause of action or prematurity, or the court
may suspend proceedings upon petition of any party under Section 1
Rule 21 of the Rules of Court and refer the case motu proprio to the
appropriate barangay authority.
Disputes are required to be subjected to barangay conciliation as

a pre-condition before the filing of a criminal complaint in any court or
government office, except:2
× Where one party is the government, or any subdivision or

instrumentality thereof;
× Where one party is a public officer or employee and the dispute

relates to the performance of his official functions;
× Where the dispute involves real properties located in different cities

and municipalities, unless the parties thereto agree to submit their
difference to amicable settlement by an appropriate Lupon;
× Any complaint by or against corporations, partnerships or judicial

entities, since only individuals shall be parties to barangay conciliation
proceedings either as complainants or respondents;
× Dispute involving parties who actually reside in barangays of

different cities or municipalities, except where such barangay units
adjoin each other and the parties thereto agree to submit their
differences to amicable settlement by an appropriate Lupon;
2
Sections 399-422 of the Local Government Code.
5
× Offenses which the law prescribes a maximum penalty of
imprisonment exceeding one year or a fine of over five thousand
pesos;
× Offenses where there is no private offended party;
× Disputes where urgent legal action is necessary to prevent injustice

from being committed or further continued, specifically the following:
a.! Criminal cases where accused is under police custody or
detention;
b.! Petition for habeas corpus by a person illegally deprived of his
rightful custody over another or a person illegally deprived of or
on acting in his behalf; and
c.! Actions which may be barred by Statute of Limitations.
× Any class of disputes which the President may determine in the

interest of justice or upon the recommendation of the Secretary of
Justice;
× Where the dispute arises from the Comprehensive Agrarian Reform

Law (CARL);
× Labor disputes or controversies arising from employer-employee

relations; and
× Actions to annul judgment upon a compromise which may be filed

directly in court.
6
Complaint-
Affidavit in
Criminal Cases
_____________________________________
7
SLIGHT PHYSICAL INJURIES
Art. 266. Slight Physical Injuries and Maltreatment.

Acts punished:
1.! Physical injuries incapacitated the offended party for labor from one to
nine days, or required medical attendance during the same period;
2.! Physical injuries which did not prevent the offended party from
engaging in his habitual work or which did not require medical
attendance;
3.! Ill-treatment of another by deed without causing any injury.3
Nature of Physical Injuries as to the Stage of Execution

It is a formal crime, always in the consummated stage as the penalty is
based on the gravity of the injury, whether it be serious, less serious or slight will
not be known unless and until the felony is consummated.
Intent to Kill; When Absent

The presence of “intent to kill” separates the crime of physical Injuries
from that of attempted or frustrated homicide. Intent to kill is determined by
the:
1.! Kind of weapon used;
2.! Nature, number and the location of wound; and
3.! Words uttered by the offender.
3 Art. 266 of the Revised Penal Code as amended by R.A. No. 10951.
8
Sample of a Complaint-Affidavit involving the crime of Slight Physical Injuries
REPUBLIC OF THE PHILIPPINES

OFFICE OF THE CITY PROSECUTOR
CITY OF MANILA
JACKIE B. CHAN
Complainant, I.S. No. 1738
!" Versus- For: Slight Physical Injuries

Art. 266 Revised Penal Code
ANDERSON H. SILVA
Respondent.
x-------------------------------------x
COMPLAINT-AFFIDAVIT
I, JACKIE B. CHAN, of legal age, Filipino, a construction worker, with residence

at No. 78 Consuelo St., Malakas Subd., Manila City, after having been sworn in
accordance with law, hereby states:
1." I am filing a complaint under Article 266 of the Revised Penal Code for Slight
Physical Injuries against MR. ANDERSON H. SILVA, hereinafter referred to as
respondent, of legal age, and with residence at Blk 4 Lot 20 Perlas Village Brgy.
Silangan, Manila City.
2." That on January 30, 2021, I was having a brief rest in SM Manila open area
parking lot because I was exhausted from walking towards home;
3." That on or about 4 in the afternoon I was confronted by the respondent. The
respondent shouted at me saying “HOY BAWAL TUMAMBAY DITO! ALIS!
SUMASAKIT ULO KO SAYO!”;
4." After three (3) minutes I stood up and then walked away to continue my walk
towards home;
5." That after at or about 100 meters of walking, the respondent again confronted
me and started to punch me in the face then repeatedly hit my arms and legs
with a frying pan;
6." I got knocked out and was taken immediately to The Medical City, Ermita;
7." That on the next day, I woke up in a hospital bed with a black eye and a heavily
bruised arm and with instructions from DR. JAMES BOND, a resident
physician, that I could not go to work for one (1) whole week;
8." That the said resident physician advised me, within the one (1) week healing
period, to lie down and avoid any strenuous activities. Failure to abide his
instructions would result to internal bleeding of the veins and would require
further medical;
9." That I immediately informed my supervisor that I could not go to work for a
week because the nature of my work, being in the construction industry,
requires me to do heavy lifting of cement and transferring scaffoldings;
Contrary to Law
That I am executing this Complaint-Affidavit for the purpose of filing the

complaint for SLIGHT PHYSICAL INJURIES against MR. ANDERSON H. SILVA.
IN WITNESS WHEREOF, I have hereunto set my hands this 17th day of

February 2021, in Manila City, Philippines
JACKIE B. CHAN
Complainant
SUBSCRIBED AND SWORN TO before me this 3rd day of February 2021, in

Manila City, Philippines, and hereby certify that I have personally examined the
Affiant and I am satisfied that he voluntarily executed and understood his complaint
affidavits.
____________________
Assistant City Prosecutor
ATTEMPTED HOMICIDE
Art. 249. Homicide. – Any person who, not falling within the provisions of Article
246, shall kill another, without the attendance of any of the circumstances
enumerated in the next preceding article, shall be deemed guilty of homicide
and be punished by reclusion temporal.4
Elements of Homicide
(a)!A person was killed;
(b)!The accused killed him without any justifying circumstance;
(c)!The accused had the intention to kill, which is presumed; and
(d)!The killing was not attended by any of the qualifying circumstances of
murder, or by that of parricide or infanticide.
In relation to Art. 6 of the Revised Penal Code:
Art. 6. Consummated, frustrated, and attempted felonies. – x x x

There is an attempt when the offender commences the commission of
a felony directly or over acts, and does not perform all the acts of execution
which should produce the felony by reason of some cause or accident other
than this own spontaneous desistance.5
4
Art. 249 of the RPC.
5
Art. 6 of the RPC.
11
Sample of a Complaint-Affidavit involving the crime of Attempted Homicide

CITY OF MANILA
COKO B. MARTIN
!" Versus- For: Attempted Homicide

Art. 249 in relation to Art. 6 of
the Revised Penal Code
THOM C. CRUZ
Respondent.
x-------------------------------------x
COMPLAINT-AFFIDAVIT
I, COKO B. MARTIN, of legal age, Filipino, a construction worker, with

residence at No. 78 Consuelo St., Malakas Subd., Manila City, after having been sworn
in accordance with law, hereby states:
1." I am filing a complaint under Art. 249 in relation to Art. 6 of the Revised Penal
Code for Attempted Homicide against MR. THOM C. CRUZ, hereinafter
referred to as respondent, of legal age, and with residence at Blk 4 Lot 20 Perlas
Village Brgy. Silangan, Manila City.
2." That on February 14, 2021, I was having a lunch Valentine’s Day date with my
wife in La Cathedral, Intramuros, Manila;
3." That on or about 1 in the afternoon as we were enjoying the last course of our 5
course meal, we saw a suspicious person angrily looking at us from the opposite
corner of the room. He was drinking coffee by himself;
4." As we were just about to finish our dessert, the suspicious person walked
towards us. I found his face familiar and then as he comes closer and closer to
us, I easily recognized his face to be that of the respondent the grade 1 boyfriend
of my wife;
5." Upon arriving at the side of our table the respondent smiled at us and told me
“Happy Valentine’s Day! Bakit andito kayo? Panira kayo ng Valentine’s Day
eh!”;
6." To my shock and fright, I just looked away and ignored him;
7." The respondent again stated the words in a scandalous manner “Bakit nga
andito kayo?” “Lumayas kayo sa paningin ko! Gusto mo patulugin kita?” All the
restaurant guests and staff were shocked and was directly looking at us;
8." That after stating his request for us to leave, the respondent picked up the
nearby table’s steak knife and proceeded to swiftly stab me aiming towards my
neck while saying the words “ngayon patutulugin na talaga kita”;
9." As I was shocked what was transpiring before my eyes I failed to dodge the blow,
luckily the chair broke one of its legs and I fell on the floor without any stabs
nor any cuts on my neck from the steak knife;
10."Then right after, the security guards were able to grapple the respondent and
was brought to the nearby police station.
Contrary to Law

complaint for ATTEMPTED HOMICIDE against THOM C. CRUZ.

COKO B. MARTIN
Complainant
SUBSCRIBED AND SWORN TO before me this 3rd day of February 2021, in

affidavits.
____________________
FRUSTRATED MURDER
Art. 248. Murder. — Any person who, not falling within the provisions of Article
246 shall kill another, if committed with any of the following attendant
circumstances:
1.! With treachery, taking advantage of superior strength, with the aid of
armed men, or employing means to weaken the defense or of means or
persons to insure or afford impunity;
2.! In consideration of a price, reward, or promise.
3.! By means of inundation, fire, poison, explosion, shipwreck, stranding of a
vessel, derailment or assault upon a street car or locomotive, fall of an
airship, by means of motor vehicles, or with the use of any other means
involving great waste and ruin;
4.! On occasion of any of the calamities enumerated in the preceding
paragraph, or of an earthquake, eruption of a volcano, destructive
cyclone, epidemic or other public calamity;
5.! With evident premeditation;
6.! With cruelty, by deliberately and inhumanly augmenting the suffering of
the victim, or outraging or scoffing at his person or corpse.6
Elements of Murder
1)! That a person was killed and the accused killed him;
2)! That the killing was attended by any of the qualifying circumstances
mentioned in Art. 248; and
3)! That the killing is not parricide or infanticide.
Article 6. Consummated, frustrated, and attempted felonies. – x x x

A felony is frustrated when the offender performs all the acts of
execution which would produce the felony as a consequence but which,
nevertheless, do not produce it by reason of causes independent of the will of
the perpetrator.7
Note: Because of the nature of murder, the obvious consummation of

the crime is when the victim is actually killed. Else, the crime is
frustrated/attempted murder only.
6
7
Art. 6 of the RPC.
14
Sample of a Complaint-Affidavit involving the crime of Frustrated Murder

CITY OF MANILA
SURE R. RAMIRES
!" Versus- For: Frustrated Murder

Art. 248 in relation to Art. 6 of
the Revised Penal Code
DANDING D. DANTES
Respondent.
x-------------------------------------x
COMPLAINT-AFFIDAVIT
I, SURE R. RAMIRES, of legal age, Filipino, with residence at No. 48 Tibay St.,
Makisig Subd., Manila City, after having been sworn in accordance with law, hereby
states:
1." I am filing a complaint under Art. 248 in relation to Art. 6 of the Revised Penal
Code for Frustrated Murder against MR. DANDING D. DANTES, hereinafter
referred to as respondent, of legal age, and with residence at Blk 24 Lot 35 Black
Mansions Village Brgy. Poblacion, Manila City.
2." That on or about 7 o’clock in the evening of February 27, 2021, I was having a
dinner in SM Manila, Manila;
3." That on or about 8 o’clock in the evening, as I have done all my errands for the
day I decided to head to a bar in Malate. Manila;
4." That after considering the rush hour traffic, instead of going home and then
leaving again, I planned to go straight to Taguig City, hence I booked a GrabCar
Ride from Opus, Malate, Manila going to Uptown Bonifacio, Taguig;
5." That after receiving confirmation that my GrabCar, with the plate number
“AHA 6969”, was already booked, I waited in a nearby coffee shop just outside
SM Manila;
6." Upon the arrival of the GrabCar, it seems like the GrabCar Driver, which was
the respondent, was in a hurry to pick me up, he waited for 5 minutes;
7." That upon opening the GrabCar door, I was suddenly, instantly, and swiftly shot
by a revolver gun thrice in the abdomen by the respondent and without any
means to defend myself;
8." Thereafter the shooting the respondent instantly left while I was bleeding to
death on the streets;
9." I was immediately rushed to The Medical City, SM Manila for first aid while
waiting for the ambulance to transfer me to Manila Doctors Hospital;
10."After I was transferred to the Manila Doctors Hospital, the operations began;
11."The operation lasted for five (5) hours; after which I was told by the resident
physician, Dr. Oct Opus, that I was lucky because the bullets did not hit any
vital part of my body;
12."That the operations done was only to remove the bullets and sew the open
wounds;
13."That after my discharged I asked for the records of the plate number of “AHA
6969” from the Grab Incorporated, which led me to the respondent GrabCar
Driver;
14."That by performing all the acts necessary to have me killed, the accused herein
committed all the elements which is chargeable for Frustrated Murder, which
elements are: 1) That a person was killed; 2) That the accused killed him; 3)
That the killing was attended by any of the qualifying circumstances mentioned
in Art. 248; and 4) That the killing is not parricide or infanticide.
Contrary to law.

complaint for FRUSTRATED MURDER against MR. DANDING DANTES.
IN WITNESS WHEREOF, I have hereunto set my hands this 19th day of March
2021, in Quezon City, Philippines
SURE R. RAMIRES
Complainant
SUBSCRIBED AND SWORN TO before me this 19th day of March, 2021, in

Quezon City, Philippines, and hereby certify that I have personally examined the
Affiant and I am satisfied that she voluntarily executed and understood her complaint
affidavits.
____________________
THEFT
Art. 308. Who are liable for theft. — Theft is committed by any person who, with
intent to gain but without violence against, or intimidation of persons nor force
upon things, shall take personal property of another without the latter's
consent.
Theft is likewise committed by:
1.! Any person who, having found lost property, shall fail to deliver the same
to the local authorities or to its owner;
2.! Any person who, after having maliciously damaged the property of
another, shall remove or make use of the fruits or object of the damage
caused by him; and
3.! Any person who shall enter an inclosed estate or a field where trespass
is forbidden or which belongs to another and, without the consent of its
owner, shall hunt or fish upon the same or shall gather fruits, cereals, or
other forest or farm products.8
Elements of Theft
(1)!The taking of personal property;
(2)!The property belongs to another;
(3)!The taking away was done with intent of gain;
(4)!The taking away was done without the consent of the owner; and
(5)!The taking away is accomplished without violence or intimidation
against person or force upon things.
Stages of Theft
There is no frustrated theft because of the way the law defines it. The
offender either has complete control of the property (consummated) or
without (attempted).
8
17
Sample of a Complaint-Affidavit involving the crime of Theft

CITY OF MANILA
JOSHUA B. GARCIA
!" Versus- For: Theft

GERALD T. ANDERSON
Respondent.
x-------------------------------------x
COMPLAINT-AFFIDAVIT
I, Joshua B. Garcia, of legal age, Filipino, an accountant, with residence at No.

24 Dapitan St. Barreto Subd. Manila City, after having been sworn in accordance with
law, hereby states:
1." I am filing a complaint under Article 308 of the Revised Penal Code for Theft
against MR. GERALD T. ANDERSON, hereinafter referred to as respondent, of
legal age, and with residence at Blk 23 Lot 4 Chiu Village Brgy. Alonzo, Manila
City.
2." That on February 14, 2021, I was resting at our office’s loung and eventually
slept;
3." That on the same date, when I woke up, I realized that I had lost my Samsung
Note 11 Julia Edition 128gb, (herein after referred to as Cellular Phone)
which I had placed at the end side portion of the sofa where I rested and slept;
4." As standard procedure, I reported the incident to my team manager, and

Operations Manager and they promised to investigate the matter;
5." That on February 16, 2021, a friend of mine, KIM CHIU noticed that our co-
worker, GERALD ANDERSON had a new phone which was very similar to the
one I lost;
6." That on February 17, 2021, early in the morning, I confronted MRS. “MAJA”
ANDERSON, the mother of responder GERALD ANDERSON, who was also a
fellow co-worker about GERALD ANDERSON having possession of a stolen
phone;
7." That on February 17, 2021 around 11:30am, GERALD ANDERSON went to my
work station and brought the phone in his possession;
8." At this juncture, myself, MR. LOREN DYOGI, my team leader and GERALD
ANDERSON examined the IMEI of the cellular phone to check its identity and
verify if its IMEIs matches my lost phone’s IMEIs which are all indicated in the
(1) Warranty Receipt and (2) Product Box in my possession;
9." Upon checking the phone’s IMEIs, we found out that it was a complete match;
IMEI1:6789998212
IMEI2:6789998212
10."When we asked GERALD ANDERSON why he stole my cellular phone, he

denied stealing the same, and argued that he won the said phone in a computer
tournament, furthermore he refused to return the cellular phone to me;
11."Respondent GERALD ANDERSON, despite my objection, asked us to allow him

to get the box and show proof that the indeed won the said cellular phone in a
contest, however he never returned nor did he show proof of his rightful
possession of my cellular phone;
12."Later on, he informed me that he had lost the cellular phone.
Contrary to Law

complaint for THEFT against MR. GERALD ANDERSON.

JOSHUA B. GARCIA
Complainant
SUBSCRIBED AND SWORN TO before me this 17th day of February 2021, in

affidavits.
____________________
"
"
ATTEMPTED ROBBERY
Art. 293. Who are guilty of robbery. — Any person who, with intent to gain, shall
take any personal property belonging to another, by means of violence or
intimidation of any person, or using force upon anything shall be guilty of
robbery.9
Note: Robbery and theft are analogous crimes involving the taking with intent
to gain of personal property. The element of violence against or intimidation
upon person or force upon things would constitute the crime into robbery.
Art. 6. Consummated, frustrated, and attempted felonies. – x x x

There is an attempt when the offender commences the commission of
a felony directly or over acts, and does not perform all the acts of execution
which should produce the felony by reason of some cause or accident other
than this own spontaneous desistance.10
When Consummated
Robbery with Violence Against or Robbery with Force Upon Things
Intimidation of Persons
From the moment the offender gains The thing must be taken out of the
possession of the thing, even if the building to consummate the crime.
culprit has had no opportunity to
dispose of the same.
Classifications of Robbery
1.! Robbery with violence against, or intimidation of persons;
2.! Robbery by the use of force upon things.
Elements of Robbery
1.! Personal property belonging to another;
2.! Unlawful taking of that property;
3.! The taking is with intent to gain;
4.! Violence or Intimidation of any person; or force upon anything.
9
10
Art. 6 of the RPC.
20
Sample of a Complaint-Affidavit involving the crime of Attempted Robbery

CITY OF MANILA
ANDREA S. TORRES
Complainant,
versus - I.S. No. 1828

For: Attempted Robbery
ELLEN B. ADARNA
Respondent.
x-------------------------------------x
COMPLAINT-AFFIDAVIT
I, Andrea S. Torres, of legal age, Filipino, a security guard, with residence at No.
24 Dapitan St. Barreto Subd. Manila City, after having been sworn in accordance with
law, hereby states:
1." I am filing a complaint under Article 293 of the Revised Penal Code for Attempted
Robbery against MS. ELLEN B. ADARNA, hereinafter referred to as respondent, of
legal age, and with residence at Blk 23 Lot 4 Chiu Village Brgy. Alonzo, Manila City.
2." That on February 14, 2021, I was riding a tricycle being driven by ELLEN B.
ADARNA going to the village exit gate;
3." That on the same date, when I was inside the tricycle, ELLEN B. ADARNA willfully,
unlawfully and feloniously, with intent to gain and by means of force, violence and
intimidation to wit by pointing at me a gun and threatening to kill me should I cry
out for help, attempted in taking all my belongings against my will;
4." That upon the time ELLEN ADARNA announced that this is a “holdup”, I
successfully and safely jumped out of the tricycle and ran to the security guards of
the village to ask for help.
Contrary to law.
ANDREA S. TORRES
Complainant
SUBSCRIBED AND SWORN TO before me this 17th day of February 2021, in Manila
City, Philippines, and hereby certify that I have personally examined the Affiant and I
am satisfied that she voluntarily executed and understood her complaint affidavits.
___________________
RAPE
Art. 266-A. Rape: When and How Committed. – Rape is committed:

1)! By a man who shall have carnal knowledge of a woman under any of
the following circumstances:
a)! Through force, threat, or intimidation;
b)! When the offended party is deprived of reason or otherwise
unconscious;
c)! By means of fraudulent machination or grave abuse of authority;
and
d)! When the offended party is under twelve (12) years of age or is
demented, even though none of the circumstances mentioned
above be present.
2)! By any person who, under any of the circumstances mentioned in
paragraph 1 hereof, shall commit an act of sexual assault by inserting his
penis into another person’s mouth or anal orifice, or any instrument or
object, into the genital or anal orifice of another person.11
Elements of Rape
Under Par. 1 (through sexual Under Par. 2 (through sexual assault)

intercourse)
The offender is a man. The offender commits an act of
sexual assault.
He had carnal knowledge of a The act is committed by any of the
woman. abovementioned means in par. 2.
Such an act is accomplished under The act is accomplished under the
the abovementioned circumstances abovementioned circumstances in
in par. 1. par. 1.
Qualifying Aggravating Circumstances

1.! When the victim is under 18 and the offender is a parent, ascendant,
step!parent, guardian, relative by consanguinity or affinity within the 3rd
civil degree, or the common law spouse of the victim’s parent;
2.! When the victim is under the custody of the police or military authorities
or any law enforcement or penal institution;
11
Art. 266-A of the RPC as amended by Republic Act No. 8353.
22
3.! When the rape is committed in full view of the spouse, parent, any of the
children or other relatives within the 3rd civil degree of consanguinity;
4.! When the victim is a religious engaged in legitimate religious vocation or
calling and is personally known to be such by the offender before or at
the time of the commission of the crime;
5.! When the victim is a child below 7 years old;
6.! When the offender knows that he is afflicted with HIV/AIDS or any other
sexually transmitted diseases and the virus/disease is transmitted to the
victim;
7.! When committed by any member of the AFP or paramilitary units thereof
or the PNP or any law enforcement agency or penal institution, when
the offender took advantage of his position to facilitate the commission
of the crime;
8.! When by reason or on the occasion of the rape, the victim has suffered
permanent physical mutilation or disability;
9.! When the offender knew of the pregnancy of the offended party at the
time of the commission of the crime;
10.!When the offender knew of the mental disability, emotional disorder
and/or physical handicap of the offended party at the time of the
commission of the offense.
Stages of the Crime of Rape

The crime of rape does not have a frustrated stage – partial penetration
already consummates the crime.
23
Sample of a Complaint-Affidavit involving the crime of Rape

DEPARTMENT OF JUSTICE OFFICE OF THE PROSECUTOR
PASAY CITY
BELLAMY B. BLAKE,
Complainant,
I.S. 9234
For: Rape
-versus
RUSSELL D. PRIME.
Respondent.
x-------------------------------------x
COMPLAINT-AFFIDAVIT
I, Bellamy B. Blake, of legal age, Filipino and a resident of #2128 P. Burgos,

Pasay City after having been duly sworn to in accordance with law, do hereby depose
and state that:
1." I am the father of Octavia O. Blake, 15 years old, a Grade 11 student at Philippine
Pasay Chung Hua Academy, Pasay City;
2." Last November 16, 2015, Octavia left for school that day but she did not return
that afternoon. I tried to call her cellphone many times but she never answered
it, which is odd because it was not in her nature to not answer her cellphone;
3." Later that day, while roaming around, I approached a group of tricycle drivers.
I showed them the photo of my daughter and asked if anyone of them saw her;
4." One of the drivers, whose name is Lincoln, told me that on the day of November
16, 2015 at around 5 o'clock in the afternoon, he saw her with a man whom he
described as tall, fair skinned and has a beard;
5." Further, when he saw them, it looks like they are arguing. He also heard Octavia
saying to that man “Tigilan mo na nga ako! Layuan mo ako!”;
6." Later that night, my daughter went home and hurriedly cried to me in my arms,
saying “I was raped by Russell! My ex!”;
7." My daughter then narrated that she had already broken up with Russell a few
months back, but Russell could not accept such fact. That Russell on that day
picked her up from school, employing violence, and then brought her to his car
parked just a minute away from the school. Russell then knocked my daughter
unconscious and then performed the act of inserting his penis into my
daughter’s vagina. My daughter said that she woke up with a throbbing pain on
her vagina;
8." We then went to the police station to file a report and thereafter, my daughter
was examined by Dra. Abby Griffin, who found that my daughter had hymenal
lacerations and a whitish discharge was found on her vagina;
9." Later on, such discharge was positively matched with the DNA of Russell D.
Prime;
10."Based on the examinations conducted to the body of my daughter, Octavia, and

her testimoy, it is sufficient to establish the inescapable conclusion that the
respondent committed the crime of rape. When taken together, the
circumstances point to the respondent as the perpetrator of the despicable
deed.
11."That I am executing this complaint-affidavit to charge Russell D. Prime for the

crime of Rape, defined and punished under Republic Act 8353, Article 266-A in
relation to Article 266-B of the Revised Penal Code.
IN WITNESS WHEREOF, I hereby affix my signature this 23 day of November

2015, in Pasay City.
BELLAMY B. BLAKE
Complainant
SUBSCRIBED AND SWORN TO before me this 23rd day of November 2015, in

Pasay City, Philippines, and hereby certify that I have personally examined the Affiant
and I am satisfied that she voluntarily executed and understood her complaint
affidavits.
___________________
ACTS OF LASCIVIOUSNESS
Art. 336. Acts of lasciviousness. — Any person who shall commit any act of
lasciviousness upon other persons of either sex, under any of the circumstances
mentioned in the preceding article, shall be punished by prision correccional.12
Elements of Acts of Lasciviousness
(a)! The offender commits any act of lasciviousness of lewdness;

“Lewd” is defined as obscene, lustful, or indecent. It signifies the form of
immorality which has relation to moral impurity; or that is carried on a
wanton manner.13
(b) The act of lasciviousness is committed against a person of either sex; and
(c) That it is done under any of the following circumstances:
i.! By using force or intimidation;
ii.! When the offended party is deprived of reason or otherwise
unconscious;
iii.! By means of fraudulent machination or grave abuse of authority;
or
iv.! When the offended party is under 12 years of age or is demented.
12
13
People v. Lizada, G.R. Nos. 143468-71, January 24, 2003.
26
Sample of a Complaint-Affidavit involving the crime of Acts of Lasciviousness

CITY OF PASAY
JEFF A. CHUA
!" Versus- For: Acts of Lasciviousness

RYAN B. FUENTES
Respondent.
x-------------------------------------x
COMPLAINT-AFFIDAVIT
I, JEFF A. CHUA, of legal age, Filipino, and a resident of No. 222 Gomez St.
Pasay City, after having been duly sworn in accordance with law, do hereby dispose
and state that:
1." I am the father of CINDY A. CHUA, 7 years old, a minor. I am filing a complaint
under Article 336 of the Revised Penal Code for Acts of Lasciviousness against
MR. RYAN B. FUENTES, hereinafter referred to as respondent, of legal age,
and with residence at Block 14 Lot 16 V&G Subdivision, Pasay City.
2." On March 10, 2020, at around 2 o’clock in the afternoon, just as I finished my
online meeting, I heard a strange noise downstairs.
3." Since my wife, JOLINA A. CHUA, was not at home, I immediately thought
about my daughter and the kasambahay. I went downstairs to check if
something was wrong.
4." To my surprise, I caught RYAN FUENTES kissing my daughter, fondling her

breast and with one hand touching her private part.
5." I ran towards him and punched him, but I missed. I asked my daughter what
RYAN FUENTES did to her, but she could not answer as she was trembling in
fear.
6." At around 5 o’clock in the afternoon of the same day, I sought help from MARY
JE A. LUCENA, the chief of the Women and Children’s Protection Desk of the
Pasay City Police Station. I presented the CCTV Footage attached and marked
as ANNEX A.
7." In acts of lasciviousness, the following elements must concur: (a) The offender
commits any act of lasciviousness of lewdness; (b) The act of lasciviousness is
committed against a person of either sex; and (c) That it is done by use of force
or intimidation, when the offended party is deprived of reason or otherwise
unconscious, by means of fraudulent machination or grave abuse of authority
or when the offended party is under 12 years of age or is demented.
8." Based on the foregoing, it is beyond cavil that respondent, RYAN B. FUENTES
committed the crime of acts of lasciviousness punishable under Art. 336 of the
Revised Penal Code.
Contrary to law.

complaint for ACTS OF LASCIVIOUSNESS against MR. RYAN B. FUENTES.
IN WITNESS WHEREOF, I have hereunto set my hands this 8th day of May
2020, in Pasay City, Philippines
JEFF A. CHUA
Complainant

affidavits.
________________________
ADULTERY and CONCUBINAGE
Art. 333. Who are guilty of adultery. — Adultery is committed by any married
woman who shall have sexual intercourse with a man not her husband and by
the man who has carnal knowledge of her knowing her to be married, even if
the marriage be subsequently declared void.
Adultery shall be punished by prision correccional in its medium and
maximum periods.
If the person guilty of adultery committed this offense while being
abandoned without justification by the offended spouse, the penalty next
lower in degree than that provided in the next preceding paragraph shall be
imposed.14
Elements of Adultery
1)! That the woman is married;
2)! She has sexual intercourse with a man who is not her husband;
3)! As regards the man whom she has sexual intercourse, he must know her
to be married.
Important Doctrines:
1.! Adultery is a private crime, and it can only be instituted or initiated by
the offended spouse.15
2.! Both offenders must be prosecuted. But there are instances that only
one is convicted.16
3.! Carnal Knowledge may be proven by circumstantial evidence.17
Evident Premeditation is an Inherent Aggravating Circumstance in the crime of

Adultery.
Adultery is a crime of consequence, so there is no attempted or
frustrated stage. It is always in the consummated stage.
It is an instantaneous crime, which is consummated upon the carnal
union of the wife with the lover of the wife. Each sexual intercourse constitutes
a crime of adultery.
14
15
Rule 110, Section 5, Revised Rules of Court and Art. 344 of the RPC.
16
Id.
17
U.S. v. Legaspi, G.R. L-No. 5110, August 19, 1909.
29
Art. 334. Concubinage. — Any husband who shall keep a mistress in the
conjugal dwelling, or shall have sexual intercourse, under scandalous
circumstances, with a woman who is not his wife, or shall cohabit with her in
any other place, shall be punished by prision correccional in its minimum and
medium periods.18
Modes of Commission:
1.! Keeping a mistress in the conjugal dwelling;
2.! Having sexual relations, under scandalous circumstances, with a woman
who is not the man’s wife;
3.! Cohabiting with her in any other place.
Elements of Concubinage
1.! The man is married;
2.! He committed any of the 3 punishable acts;
3.! With respect to the woman, she must know him to be married.
18
30
Sample of a Complaint-Affidavit involving the crime of Adultery

OFFICE OF CITY PROSECUTOR
City of Manila
JOCHWA GRASYA,
Complainant,
I.S. NO. No. 2323
-versus- For: Adultery
HULYA BANDARITO and

HERALDO ANDER,
Respondents,
x----------------------------------------x
COMPLAINT-AFFIDAVIT
I, JOCHWA GRASYA, of legal age, and a resident of 23 Mendiola St., Manila,

under oath declare that:
1)" That on or about and during the months of January and February, 2021, in the
City of Manila, and within the jurisdiction of this Honorable Court, the said
respondents HULYA BANDARITO did then and there voluntarily, unlawfully,
willfully, and feloniously had sexual intercourse with her co-respondent,
HERALDO ANDER, who is not her husband, and the latter knowing her to be
married to JOCHWA GRASYA, voluntarily, unlawfully, willfully, and
feloniously had carnal knowledge with her.
2)" On January 23, 2019, HULYA BANDARITO, the respondent, and I got married
at Our Lady of Fatima Church. A copy of our marriage certificate is hereto
attached as “Annex A”.
3)" On January 10, 2020, HULYA BANDARITO, the respondent, introduced to me,
HERALDO ANDER, as her co-worker, and I was introduced to him as her
husband, when I fetched her from work in Manila.
4)" On January 15, 2021, around night time, I witnessed from the driver’s seat of
our car, the respondents eating together at a restaurant, “KAIN NOW,
DESSERT LATER”, which was conveniently near a motel, “TIKIM NOW, KAIN
LATER”.
5)" Raising doubts as to the meeting held by the respondents, I called HULYA
BANDARITO, through a cellphone to inquire as to her whereabouts but the
phone was never answered. I saw through the glass of the restaurant on how
she saw my call but nevertheless ignored it. A copy of my call log from my
cellphone is hereto attached as “Annex B”.
6)" The respondents, after eating, gave each other a kiss on the lips and paid the
bill of their dinner, and exited the restaurant. As I though they are about to leave
the parking lot of such restaurant. Instead, the respondents kept on touching
each other, then suddenly entered the motel beside the restaurant and inquired
immediately on its lobby and eventually entered the elevator.
7)" On February 7, 2021, I received the billing statement for the month of January
of her credit card and saw the billing of their dinner and the accommodation
fees on the motel they stayed at. A copy of the billing statement for the month
of January is hereto attached as “Annex C”.
8)" On March 6, 2021, I received the billing statement for the month of February,
and saw the same restaurant and motel billings with a billing date of February
14, 2021. A copy of the billing statement for the month of February is hereto
attached as “Annex D”.
9)" I am executing this sworn statement for the purpose of charging the
respondents with violating ARTICLE 333 of the REVISED PENAL CODE,
which penalizes the crime of ADULTERY.
City of Manila, Philippines, March 20, 2021.
JOCHWA GRASYA
Complainant
SUBSCRIBED and SWORN to before me, the undersigned prosecutor, this 20th
day of March 2021, in City of Manila, Philippines. I hereby certify that I have
personally examined the above-named complainant and I am satisfied that he
voluntarily executed, of his own free will, and understood his complaint affidavits.
_________________
Sample of a Complaint-Affidavit involving the crime of Concubinage
Republic of the Philippines

OFFICE OF THE PROVINCIAL PROSECUTOR
Dumaguete, Negros Oriental
PEOPLE OF THE PHILIPPINES,

Plaintiff, CRIMINAL CASE NO. 3002-2017-CR
FOR: CONCUBINAGE
!" versus -
MR. DEAN FORESTER and MS. RORY GILMORE
Accused.
x--------------------------x
COMPLAINT-AFFIDAVIT
I, LINDSAY LISTER-FORESTER, of legal age, married and a resident of Sitio

Stars Hollow, Manjuyod, Negros Oriental, under oath, declare that:
1." On February 14, 1998, accused DEAN FORESTER (Dean) and I were legally
married at the Immaculate Concepcion Parish, Manjuyod, Negros Oriental. A
certified true copy of the Marriage Certificate is hereto attached as "Annex A";
2." In 2002, I was offered an opportunity to work as a nurse in Alberta, Canada,

but my husband refused to allow me to leave our family to work abroad;
3." Despite oppositions of my husband, I still complied with all the necessary
requirements to work in Canada and left the country in April 2003;
4." In 2008, after having completed the 5-year continuous stay in Canada, I was
able to petition my family to live with me abroad. Dean and our two (2) children,
Luke and Lorelei, went to Canada on August 2008;
5." A month after they arrived in Canada, Dean insisted that he had to return to the
Philippines to formalize his resignation with his employer and promised to
return to Canada soon after everything is settled. However, Dean no longer
returned to Canada;
6." During the years that Dean was in the Philippines, I frequently called him to
check on the progress of his resignation, to which he would refuse to answer
and often times offered several reasons why he still cannot return to Canada;
7." In June 2014, our eldest son Luke, while on school break, went to the
Philippines to visit his father and lived with him for over a month;
8." I knew about my husband's affair through our son, Luke, when he returned to
Canada in July 2014 and told me that he met accused, RORY GILMORE (Rory)
who was introduced to him by his father as his good friend who volunteered to
help around the house in exchange for a temporary place to live since the former
household helper, Michel, left;
9." According to Luke, he became suspicious with regard the true relationship of
his father and Rory as he would see her in his bedroom every night and would
leave the same room the following morning which made him assume that Rory
was sleeping with his father;
10."The suspicion of Luke was later confirmed by their former household helper,
Michel, who narrated to him certain incidents which would show that Dean and
Rory indeed have a romantic relationship;
11."On December 12, 2017, after the end of my employment contract, I and my two
(2) children arrived in the Philippines and went home to Manjuyod, Negros
Oriental, where we confronted Dean and Rory whom we saw living in our home;
12."It is most unlikely that Rory Gilmore had not been aware of my husband’s
current status as a married man as this affair has been going on since 2004.
They have been living together as husband and wife in our conjugal home
having been registered under the name of "Dean Forester, married to Lindsay
Lister-Forester";
13."Based on the foregoing facts, I am executing this sworn statement as I have

logical reason to believe that the accused have committed the crime of
concubinage defined and penalized under Art. 334 of the Revised Penal Code.
City of Dumaguete, Philippines, 18 December 2017.
LINDSAY LISTER-FORESTER
Complainant
SUBSCRIBED and SWORN to before me, the undersigned Prosecutor, this 18th
day of December 2017, in the City of Dumaguete, Philippines. I hereby certify that I
have personally examined the above-named affiant and that I am satisfied that the
foregoing statements were given by her voluntarily and of her own free will.
_________________
Provincial Prosecutor
LIGHT THREATS AND GRAVE COERCION
Art. 283. Light threats. — Any threat to commit a wrong not constituting a crime,
made in the manner expressed in subdivision 1 of the next preceding article,
shall be punished by arresto mayor.19
How Committed
1.! The offender makes a threat to commit a wrong;
2.! The threat does not constitute a crime;
3.! There is a demand for money or that other conditions are imposed, even
though the conditions may not be unlawful;
4.! The offender has either attained his purpose or not.
As Distinguished from Grave Threats

Light threats is committed in the same manner as grave threats, except
that the act threatened should not be a crime.
Art. 286. Grave Coercion - The penalty of prision correccional and a fine not
exceeding Six thousand pesos shall be imposed upon any person who, without
any authority of law, shall by means of violence, threats or intimidation, prevent
another from doing something not prohibited by law, or compel him to do
something against his will, whether it be right on wrong.
If the coercion be committed in violation of the exercise of the right of
suffrage, or for the purpose of compelling another to perform any religious act,
to prevent him from exercising such right or from so doing such act, the penalty
next higher in degree shall be imposed.20
Elements of Grave Coercion

(a)!That a person is prevented by another from doing something not
prohibited by law, or compelled to do something against his will be it
right or wrong;
(b)!That the prevention or compulsion is effected by violence, threats or
intimidation; and
(c)!That the person who restrains the will and liberty of another has no right
to do so, or in other words, that the restraint is not made under authority
of law or in the exercise of any lawful right.
19
20
35
As Distinguished from Grave Threats
" In grave threats, there is mere employment of fear; and the act was not
intended to commit the two modes of coercion (i.e.: forcing a person to do
something he doesn’t want to do; preventing him from doing something
lawful); the violence here is not actual, merely futuristic.
In grave coercion, the intimidation employed goes hand in hand with
compulsion or prevention of an individual’s will; the violence here is actually
employed.
Qualifying Circumstances
1.! If the coercion is committed in violation of the exercise of the right of
suffrage;
2.! If the coercion is committed to compel another to perform any religious
act;
3.! If the coercion is committed to prevent another from performing any
religious act.
36
Sample of a Complaint-Affidavit involving the crime of Grave Coercion

DEPARTMENT OF JUSTICE
OFFICE OF THE PROVINCIAL PROSECUTOR
ANTON C. ROA
Complainant, DOCKET NO. 8283
FOR: Grave Coercion
- versus -
TENTEN S. LIM AND JOHN DOES

Respondent
x----------------------------------x
COMPLAINT-AFFIDAVIT
I, ANTON C. ROA, of legal age, married, Filipino, and with residence address
at Flower Gallery, Pagsanjan, Laguna after having been sworn in accordance with law,
hereby depose and state -
1." I am one of the children of the late Linda C. Roa, and am the actual tiller and
occupant of a parcel of land located at Sitio Orchid, Pagsanjan, Laguna;
2." Respondent Tenten S. Lim ("Ten") is a usurper of the above parcel of land
without any claim of ownership or possession. His last known address is at
Brgy. Sto. Cristo, Paete, Laguna;
3." On May 16, 2017 at around 8:30 a.m., while we were unloading construction
materials from a dump truck, Respondent Ten together with 2 unknown John
Does arrived. Ten, while wielding a bladed weapon (appearing to be a samurai
sword), and a gun holstered to his hip, ordered us to stop all constructions on
the property. Meanwhile, Ten's companions served as lookout and Ten told us
that they also had guns;
4." When we refused to heed his warning, Ten blocked the way of the dump truck
and brandished his samurai sword at the driver. The driver and his companion,
also ran away to report the incident to the Barangay;
5." Fearing for our lives, we momentarily ceased from unloading our construction
materials. Moments later, people started to gather at the place of incident;
6." Respondent and his companions, realizing that authorities were on their way,
retreated;
7." Thereafter, representatives from the Barangay appeared and we resumed

unloading our materials;
8." We immediately reported the incident to the local police station;
9." As advised by counsel, the crime of Grave Coercion is committed as follows:

"Art. 286. Grave Coercion - The penalty of prision correccional and a fine not
exceeding Six thousand pesos shall be imposed upon any person who, without any
authority of law, shall by means of violence, threats or intimidation, prevent another
from doing something not prohibited by law, or compel him to do something against
his will, whether it be right on wrong.
10."The elements of grave coercion under Article 286 of the Revised Penal Code are
as follows: (i) that a person is prevented by another from doing something not
prohibited by law, or compelled to do something against his will be it right or
wrong (ii) that the prevention or compulsion is effected by violence, threats or
intimidation; and (iii) that the person who restrains the will and liberty of
another has no right to do so, or in other words, that the restraint is not made
under authority of law or in the exercise of any lawful right;
11."The first element is present in this case. Respondents prevented us from

undergoing construction and unloading materials on our premises. We were
perfectly within our rights to unload construction materials on the premises
considering we were in lawful possession. On the other hand, Respondent has
no claim over the property.
12."The second element is likewise present. Respondents brandished bladed

weapons and a firearm obviously in order to intimidate us to comply with their
orders.
13."Lastly, the third element is also present. Respondents had no right to prevent
us from doing construction in the premises. In fact, Respondent Ten has no
claim to the subject land since he is neither an owner nor possessor of the same.
He had also no lawful order from the court or authorities to prohibit us from
conducting construction activities in the area.
13."I am executing this Complaint-Affidavit to attest to the truth of the foregoing

and to support the filing of criminal charges against Respondents for Grave
Coercion.
IN WITNESS WHEREOF, I have hereunto set my hand this 31st day of August,
2017.
ANTON C. ROA
Complainant
SUBSCRIBED and SWORN to before me, the undersigned prosecutor, this 31st
day of August 2017, in Pagsanjan, Laguna. I hereby certify that I have personally
examined the above-named complainant and I am satisfied that he voluntarily
executed, of his own free will, and understood his complaint affidavits.
_________________
Presiding Officer
LIBEL and CYBERLIBEL
Art. 353. Definition of libel. — A libel is public and malicious imputation of a

crime, or of a vice or defect, real or imaginary, or any act, omission, condition,
status, or circumstance tending to cause the dishonor, discredit, or contempt
of a natural or juridical person, or to blacken the memory of one who is dead.21
Defined:
Libel is defamation committed by means of writing, printing, lithography,
engraving, radio, phonograph, painting or theatrical or cinematographic
exhibition or any similar means.
Art. 355. Libel means by writings or similar means. — A libel committed by

means of writing, printing, lithography, engraving, radio, phonograph,
painting, theatrical exhibition, cinematographic exhibition, or any similar
means, shall be punished by prision correccional in its minimum and medium
periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil
action which may be brought by the offended party.22
Libel may be committed by means of –

1.! Writing;
2.! Printing;
3.! Lithography;
4.! Engraving;
5.! Radio;
6.! Phonograph;
7.! Painting;
8.! Theatrical exhibition;
9.! Cinematographic exhibition;
10.! Any similar means.
21
22
39
Cyberlibel
Libel. – The unlawful or prohibited acts of libel as defined in Art. 355 of
the Revised Penal Code, as amended, committed through a computer system
or any other similar means which may be devised in the future.
It punishes the same set of acts defined under the Revised Penal Code,
but outlines its commission, through “a computer system or any other similar
means which may be devised in the future”.23
Defined:
Proceeding from the definition of libel under Article 353 of the Revised
Penal Code, cyberlibel is defined as a public and malicious imputation of a
crime, or of a vice or defect, real or imaginary, or any act, omission, condition,
status, or circumstance tending to cause the dishonor, discredit, or contempt
of a natural or juridical person, or to blacken the memory of one who is dead,
and committed through a computer system or any other similar means which
may be devised in the future.
Elements of Cyberlibel
a.! There must be an imputation of a crime, or of a vice or defect, real or
imaginary, or any act, omission, condition, status, or circumstance.
b.! The imputation must be made publicly, which requires that at least one
other person must have seen the libelous post, in addition to the author
and the person defamed or alluded to in the post.
c.! The imputation must be malicious, which means that the author of the
libelous post made such post with knowledge that it was false, or with
reckless disregard as to the truth or falsity thereof.
d.! The imputation must be directed at a natural or juridical person, or one
who is dead, which requires that the post must identify the person
defamed, or at the very least, the person defamed is identifiable by a
third person.
e.! The imputation must tend to cause the dishonor, discredit or contempt
of the person defamed.
f.! The imputation was done through the use of a computer system or any
other similar means which may be devised in the future.
23 Section 4(c)(4) of the Cybercrime Prevention Act of 2012, in relation to Art. 355 of the RPC.
40
Sample of a Complaint-Affidavit involving the crime of Cyberlibel

CITY OF PASIG
MARITES DIMAAMPAO
!" Versus- For: Cyberlibel

Article 355 of
Revised Penal Code,
RA. No. 10175
NENA DIMACULANGAN
Respondent.
x-------------------------------------x
COMPLAINT-AFFIDAVIT
I, Marites Dimaampao, of legal age, Filipino, an owner of a small carenderia, with

residence at No. 2 Marcelo St. Bangbang Subd. Pasig City, after having been sworn in
accordance with law, hereby states:
1." I am filing a complaint under Article 355 of the Revised Penal Code and RA No.
10175 for Cyberlibel against MS. NENA DIMACULANGAN, hereinafter
referred to as respondent, of legal age, and with residence at No. 8 Marcelo St.
Bangbang Subd., Pasig City.
2." That on February 4, 2021, I received from MARISSA STA ANA a screenshot of
a facebook public post of NENA DIMACULANGAN. Such public post
containing;
“Yang si Marites, inimbita lahat sa birthday ng anak niyang si Junjun pero di
yung anak kong si Eduardson. Palibhasa eh mas magaling yung anak kong si
Eduardson sa school kesa jan [d’yan] sa anak nyang sipsip sa teacher. Atsaka di niyo
ba alam kabet naman yan si Marites nung tanod ng barangay natin, nakita ko yan
naglalampungan pa sa maye eskinita. Di siguro inimbita yung anak ko kasi masarap
yung shanghai na gawa ko kesa sa matigas at walang lasang spaghetti niya sa
karenderia kaya di mabenta. Yuck di ko alam bakit ang lakas ng loob magimbita kabit
naman. Pag nakita ko talaga yan, sisiguraduhin kong uuwi yang pilay at di makakakain
ng shanghai nyang walang lasa.”
3." The above-quoted public post contained malicious imputations with bad
intentions and unjustifiable motives, purposely to malign, dishonor, discredit,
insult and assassinate my character and good reputation to the public as well as
to my neighbors;
4." The afore-quoted portions of the public post authored and posted by the
respondent created in the minds of the readers that I am a mistress and a bad
cook;
5." The post publicly published by respondent has no factual basis, is highly
speculative and was all false statements made to destroy my reputation as a
faithful wife and as an owner of our small business of carenderia. Respondent
was motivated by bad faith in publishing the post.
Contrary to law.

complaint for CYBERLIBEL against MS. NENA DIMACULANGAN.

February 2021, in Manila City, Philippines.
MARITES DIMAAMPAO
Complainant
SUBSCRIBED AND SWORN TO before me this 17th day of February 2021, in

Pasig City, Philippines, and hereby certify that I have personally examined the Affiant
and I am satisfied that she voluntarily executed and understood her complaint
affidavits.
____________________
RECKLESS IMPRUDENCE RESULTING IN DAMAGE TO
PROPERTY
Art. 365. Imprudence and Negligence. – x x x

Reckless imprudence consists in voluntary, but without malice, doing or
falling to do an act from which material damage results by reason of
inexcusable lack of precaution on the part of the person performing of failing
to perform such act, taking into consideration his employment or occupation,
degree of intelligence, physical condition and other circumstances regarding
persons, time and place.24
Elements of Reckless Imprudence

1.! The offender does or fails to do an act;
2.! The doing or failure to do that act is voluntary
3.! It is without malice;
4.! Material damage results; and
5.! There is an inexcusable lack of precaution on the part of the person
performing or failing to perform such act taking into consideration:
a. Employment or occupation
b. Degree of intelligence, physical condition, and
c. Other circumstances regarding persons, time, and place.
Punishable Act
Causing damage to the property of another through reckless
imprudence or simple imprudence or negligence.25
Doctrine:
The SC held that reckless imprudence or negligence is a crime in itself.
Hence once convicted or acquitted of a specific act of reckless imprudence
the accused may not be prosecuted again for that same act.26
Rationale: The law penalizes the negligent or careless act and not the
result thereof.
24
25
Art. 365 (3) of the RPC.
26
Ivler v. San Pedro, G.R. No. 172716, November 17, 2010.
43
Qualifying Circumstances
Failing to lend on the spot help to the victims of his act of negligence
raises the penalty one degree higher.
Exceptions: The driver can leave his vehicle without aiding the victims if:
1.! He is in imminent danger of being harmed;
2.! He wants to report to the nearest officer of the law; or
3.! He desires to summon a physician or a nurse for medical assistance to
the injured.
44
Sample of a Complaint-Affidavit involving the crime of Reckless Imprudence Resulting in
Damage to Property

QUEZON CITY
MARIA SANTOS
Complainant, I.S. No.
!" Versus- For: Damage to property

through reckless imprudence
Art. 365 of the Revised Penal

Code
JUAN DELA CRUZ
Respondent.
x-------------------------------------x
COMPLAINT-AFFIDAVIT
I, Maria Santos, of legal age, married, Filipino, with residence at 55 Dampol St.
Damar Village, Quezon City, after having been sworn in accordance with law, do
hereby depose and say:
1." That, I am filing a complaint for RECKLESS IMPRUDENCE RESULTING TO

DAMAGE TO PROPERTY under Article 365 of the Revised Penal Code against
Juan Dela Cruz, of legal age, Filipino (hereafter referred to as “respondent”);
2." That I am a duly licensed driver with Driver’s License No. BO1-11-03388 and
that I usually drive a Green 2003 Model Nissan Frontier with plate no. XFW
322;
3." That on or about 7 o’clock in the morning of February 22, 2021, I brought my
daughter to Grace Christian School and parked my vehicle in a parking area
near said school;
4." That while waiting outside my car, respondent owner/driver of black

Mitsubishi Montero 2015 model with plate number NOC 438 negligently and
carelessly rammed into my parked vehicle. A copy of the photos taken at the
scene is hereto attached as “Annex A”;
5." That the incident was witnessed by many persons, most of whom where parents
of students who were likewise bringing their children to school as has been duly
documented in the blotter. A copy of the said document is hereto attached as
“Annex B”;
6." That upon inquiry with the respondent it was discovered that respondent had a
sudden unintended acceleration. A copy of the police report of the Quezon City
Police District is hereto attached as “Annex C”;
7." That the damages incurred totaled to One hundred forty-five thousand pesos.
A copy of the billing statement for is hereto attached as “Annex D”;
8." That, I execute this complaint-affidavit to attest to the truthfulness of the

foregoing facts.
Contrary to law.

complaint for RECKLESS IMPRUDENCE RESULTING TO DAMAGE TO
PROPERTY against JUAN DELA CRUZ.
IN WITNESS WHEREOF, I have hereunto set my hands this 23rd day of

February 2021, in Quezon City, Philippines.
MARIA SANTOS
Complainant
SUBSCRIBED AND SWORN TO before me this 23rd day of February, 2021, in

affidavits.
__________________________
!
!
!
!
!
!
!
!
!
!
!
!
!
CARNAPPING and ANTI-FENCING
Carnapping – is the taking with intent to gain, of motor vehicle belonging to

another without the consent of the latter, or by means of violence against or
intimidation of persons, or by use of force upon things.27
Elements of Carnapping
1.! Actual taking of motor vehicle;
2.! The vehicle belongs to another;
3.! There is intent to gain in the taking of the vehicle of another;
4.! Said taking is taking without the consent of the owner or by means of
violence or intimidation or by means of force upon things.28
Note: Carnapping is the robbery or theft of a motorized vehicle and it

becomes qualified or aggravated when, in the course of the commission or on
the occasion of the carnapping, the owner, driver or occupant is killed or
raped.
Fencing – is the act of any person who, with intent to fain for himself or for
another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of,
or shall buy and sell, or in any manner deal in any article, item or object or
anything of value which he knows, or should be known to him, to have been
derived from the proceeds or robbery or theft.29
Elements of Fencing
1.! Robbery or theft has been committed;
2.! The accused, who is not a principal or accomplice in the robbery/theft,
buys, receives, possesses any article or anything of value which has been
derived from the proceeds of the said crime;
3.! The accused knows or should have known that the said article/thing of
value has been delivered from the proceeds of the crime of
robbery/theft;
4.! There is, on the part of the accused, intent to gain for himself or another.
!
!
!
!
!
27
Republic Act No. 10883, also known as New Anti-Carnapping Act of 2016.
28 People v. Macaranas y Fernandez, G.R. No. 226846, June 21, 2017.
29
P.D. No. 1612, also known as Anti-Fencing Law of 1979.
47
Sample of a Complaint-Affidavit involving the crime of Carnapping

QUEZON CITY
MARIE CAR
!" Versus- For: Carnapping
R.A. No. 10883

New Anti-Carnapping Act of
2016
NIK MAKI NO
Respondent.
x-------------------------------------x
COMPLAINT-AFFIDAVIT
I, Marie Car, of legal age, single, Filipino, with residence at No. 1 Congressional
St., Brgy. Batasan Hills, Quezon City, after having been sworn in accordance with law,
do hereby depose and say:
9." That, I am filing a complaint for CARNAPPING under the NEW ANTI
CARNAPPING ACT OF 2016 (R.A. No. 10883) against MR. NIK MAKI NO, of
legal age, Filipino and a resident of No. 13 Riverside, Brgy. Commonwealth,
Quezon City (hereafter referred to as “respondent”).
10."That, in the year 2017, I purchased a vehicle at Toyota Commonwealth Branch

on an installment basis where such vehicle has the following details:
Vehicle Make : Toyota
Variant : Fortuner 1.3 E Gas A/T
Year : 2020
Body Color : Black/
Conduction Sticker : WA 6942
Engine Number : 1NRX163377
Chassis Number : PA1B19F35H4032687
11."That, Evidence of my ownership thereto is a Deed of Sale and is herewith

attached as Annex A. The Certificate of Registration and Official Receipt
issued by the Land Transportation Office (LTO) are likewise attached in this
complaint-affidavit and are respectively marked as Annex B and Annex C;
12."That, on February 14, 2021, I parked my Toyota Fortuner in front of Security

Bank along Commonwealth Ave. to withdraw money. After withdrawing my
money, the car is nowhere to be found.
13."That, I asked for help and immediately reported this incident to Quezon City
Police District (QCPD) Station 6, in Batasan Hills. A copy of the police blotter
is herein attached as Annex D;
14."That, on February 28, 2021, Tine Panahon, who is a friend of mine, approached
me and she said someone is selling her a Black Toyota Fortuner. Since she was
aware that my car was stolen, she forwarded me the picture of the same and so
I positively recognized that it was my car because of the plate number;
15."That, I, together with my friend, Tine Panahon, went to QCPD Station 6 and
brought with us the printed picture of my car and the screenshot of
conversation of my friend and the seller, in which the picture of my car was
depicted. We informed the police that it was the same stolen car of mine;
16."That, together with the police officers, we went to the place where my friend,
Tine Panahon and the seller, agreed to meet for the transaction. The seller, Cors
Tee, was then invited to the police station for questioning;
17."That, while the police questions Cors Tee, she said that she was just helping a
friend in selling the car and that she had no idea that the car was carnapped;
18."That, the police officers further inquired from her if who are the persons
responsible for car napping the car, she mentioned the name of one Nik Maki
No;
19."That, the act of respondent in stealing the car was with intent to gain as in fact
he asked someone to sell the car on his behalf;
20."That, I execute this complaint-affidavit to attest to the truthfulness of the

foregoing facts.
Contrary to law.

complaint for CARNAPPING against MR. NIK MAKI NO.
IN WITNESS WHEREOF, I have hereunto set my hands this 1st day of March 2021, in
Quezon City, Philippines
MARIE CAR
Complainant

affidavits.
_____________________
Judicial
Affidavit Rule
(A.M. No. 12-08-08)
_____________________________________
50
JUDICIAL AFFIDAVIT RULE (A.M. NO. 12-08-08-SC)
The Judicial Affidavit Rule requires that direct examination of a witness,

which is the examination-in-chief of a witness by the party presenting him on
the facts relevant to the issue, shall be in the form of judicial affidavits, subject
to the usual mode of cross-examination.
Whereas Clause
1)! Case congestion and delays plague most courts in cities, given the huge
volume of cases filed each year and the slow and cumbersome
adversarial syste1n that the judiciary has in place;
2)! About 40% of criminal cases are dismissed annually owing to the fact
that complainants simply give up con1ing to court after repeated
postponements;
3)! Few foreign businessmen make long-term investments in the Philippines
because its courts are unable to provide ample and speedy protection
to their investments, keeping its people poor.
Scope
The Rule shall apply to all actions, proceedings, and incidents requiring
the reception of evidence before:
(1)! The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the
Municipal Trial Courts, the Municipal Circuit Trial Courts, and the Shari' a
Circuit Courts but shall not apply to small claims cases under A.M. 08-8-
7-SC;
(2)! The Regional Trial Courts and the Shari'a District Courts;
(3)! The Sandiganbayan, the Court of Tax Appeals, the Court of Appeals,
and the Shari'a Appellate Courts;
(4)! The investigating officers and bodies authorized by the Supreme Court
to receive evidence, including the Integrated Bar of the Philippine (IBP);
and
(5)! The special courts and quasi-judicial bodies, whose rules of procedure
are subject to disapproval of the Supreme Court, insofar as their existing
rules of procedure contravene the provisions of this Rule.30
30
Sec. 1 of A.M. No. 12-08-08-SC.
51
Contents
The Judicial Affidavit shall be prepared in the language known to the
witness and, if not in English or Filipino, accompanied by a translation in English
or Filipino.31
It shall contain the following:

1.! The name, age, residence or business address, and occupation of the
witness.
2.! The name and address of the lawyer who conducts or supervises the
examination of the witness and the place where the examination is
being held.
3.! A statement that the witness is answering the questions asked of him,
fully conscious that he does so under oath, and that he may face
criminal liability for false testimony or perjury.
4.! Questions asked of the witness and his corresponding answers,
consecutively numbered, that:
a.! Show the circumstances under which the witness acquired the facts
upon which he testifies;
b.! Elicit from him those facts which are relevant to the issues that the case
presents; and
c.! Identify the attached documentary and object evidence and establish
their authenticity in accordance with the Rules of Court.
5.! The signature of the witness over his printed name.
6.! A jurat with the signature of the notary public who administers the oath
or an officer who is authorized by law to administer the same.
7.! A sworn attestation at the end, executed by the lawyer who conducted
or supervised the examination of the witness, to the effect that:
a.! He faithfully recorded or caused to be recorded the questions he asked
and the corresponding answers that the witness gave; and
b.! Neither he nor any other person then present or assisting him coached
the witness regarding the latter's answers.
31
Sec. 3 of A.M. No. 12-08-08-SC.
52
Effect of non-compliance with the form
The court shall not admit as evidence judicial affidavits that do not
conform to the content requirements of Section 3 and the attestation
requirement of Section 4 above. The court may, however, allow only once the
subsequent submission of the compliant replacement affidavits before the
hearing or trial provided the delay is for a valid reason and would not unduly
prejudice the opposing party and provided further, that public or private
counsel responsible for their preparation and submission pays a fine of not less
than P 1,000.00 nor more than P 5,000.00, at the discretion of the court.32
Application of Rule to Criminal Actions. - (a) This rule shall apply to all criminal
actions:
(1)!Where the maximum of the imposable penalty does not exceed six
years;
(2)!Where the accused agrees to the use of judicial affidavits, irrespective
of the penalty involved; or
(3)!With respect to the civil aspect of the actions, whatever the penalties
involved are.33
32
Sec. 10 of A.M. No. 12-08-08-SC.
33
Sec. 9 of A.M. No. 12-08-08-SC.
53
Sample of a Judicial Affidavit of an Ordinary Witness
Republic of the Philippines

REGIONAL TRIAL COURT
Fourth Judicial Region
Branch 37
Puerto Princesa City
PERMANENT SAVINGS and LOAN BANK CIVIL CASE NO. 140608,

Plaintiff,
- versus - For:
“COLLECTION OF SUM OF
MONEY”
MARIANO VELARDE,
Defendant.
x----------------------------------------------x
JUDICIAL AFFIDAVIT OF
WITNESS NONATO A. NAGAMBALLA
I, NONATO A. NAGAMBALLA, of legal age, married, and living at Puerto Princesa

City, a witness for the plaintiff in this case, state under oath as follows:
PRELIMINARY STATEMENT
The person examining me is Atty. RAINIER B. CRUZ with office address at Peneyra
Road, San Pedro, Puerto Princesa City, Palawan. The examination is being held at the
same address. I am answering his questions fully conscious that I do so under oath
and may face criminal liability for false testimony and perjury.
PURPOSE: This Judicial Affidavit of the witness NONATO ABALLA is being

offered as evidence for the Plaintiff to prove the following:
1." That the respondent has executed a promissory note evidencing a loan of
One Million Pesos from the plaintiff;
2." That he had received the said amount according to the bank’s Loan Release
Sheet.
3." That the respondent failed to pay the loaned amount even after a demand
by the bank has been made.
1." Q: Please state your name and other personal circumstances for the record.
A: I am Nonato A. Nagamballa, 28 years old, single, and a resident of

Barangay San Pedro, Puerto Princesa City.
2. Q: Are you the same Nonato A. Nagamballa who is named as a witness for
the plaintiff in this case?
A: Yes sir.
3. Q: What is your occupation, Mr. Nagamballa?
A." I am currently the Assistant Department Manager of the Philippine

Deposit Insurance Corporation.
4. Q: How were you connected to the Permanent Savings and Loan Bank?
A: I was assigned as the bank’s Deputy Liquidator.
5. Q: When did you serve as the bank’s Deputy Liquidator?
A: I served from 2010 to present.
6. Q: What were your duties as the bank’s Deputy Liquidator?
A: I was tasked to determine the assets of the bank and collect the
remaining obligations owed to it.
7. Q: What obligations have you encountered during your tenure that might
be pertinent to this case?
A: One of the obligations that I encountered was Mariano Velarde’s loan

from the bank amounting to one million pesos.
8. Q: What proof of Mr. Velarde’s loan did you find?
A: A promissory note and a loan release sheet that contains Mr. Velarde’s
name
and signature.
9. Q: When was the promissory note dated?
A: It was dated September 28, 2008, sir.
10. Q: What were the contents of the note?
A: It stated in summary that Mr. Velarde borrowed One Million Pesos (Php
1,000,000.00) from the Permanent Savings and Loan Bank and
promised to pay the amount on or before October 13, 2008.
11. Q: Who signed the note?
A: It was signed by Mr. Mariano Velarde, sir.
12. Q. How did you know that it was Mr. Velarde who signed the note?
A: The signature was placed above Mr. Velarde’s printed name.
13."Q: If I will show a document, will you be able to identify it?
A: Yes, sir.
14." Q:. (Showing the promissory note to the witness) What is this document,
Mr. witness?
A: This is the same promissory note I mentioned earlier.
15." Q. I am marking this Promissory Note as Exhibit “A” and I am attaching

Exhibit “A” to your Judicial affidavit, do you confirm my action?
A: Yes sir.
16." Q: I am marking the signature on this promissory note above the name
“Mariano Velarde” as Exhibit “A-1”, do you confirm my action?
A: Yes Sir .
17. Q: You mentioned a loan release sheet, what does it show?
A: It shows that Mr. Velarde received the amount of one million pesos as
loan
from the bank.
18. Q: When was the loan release sheet dated?
A: It was dated September 28, 2008.
18. Q: What does that date mean?
A: It means that Mr. Velarde received the amount of the loan on the same
day he executed the promissory note.
19. Q: How you were able to identify that Mr. Velarde himself received the
amount?
A: He signed on the Loan Release Sheet with his printed name and
signature.
20. Q: What was the appearance of the signature in the Loan Release Sheet as
compared to the signature in the promissory note?
A: It is exactly the same signature sir.
21. Q: If I show you another document, will you be able to identify it?
A: Yes, sir.
22. Q: (Showing the document) What can you say about this document?
A: It is the Loan Release Sheet that I am referring to, sir.
23. Q: I am marking this Loan Release Sheet as Exhibit “B” and the signature
above the name “Mariano Velarde” as Exhibit “B-1” and attaching it to
your Judicial Affidavit, do you confirm my action?
A: Yes Sir.
24. Q: What happened when the due date for the payment of the loan arrived?
A: Nothing. Mr. Velarde did not pay the amount contrary to what he
promised.
25. Q: What made you say that?
A: There was nothing in the records of the bank that Mr. Velarde paid or
even offered to pay the loan.
26. Q: When you took over the assets of the bank as Deputy Liquidator, what
did you do to collect Mr. Velarde’s loan?
A: I sent him in behalf of the bank a demand letter for the payment of the
loan.
27. Q: How was the letter sent?
A: I sent the demand letter through the LBC.
28. Q; When was the letter dated and sent?
A: It was dated on July 27, 2011, and I sent it the same day sir.
29. Q: How did you confirm whether Mr. Velarde received the demand letter?
A: I checked with the LBC and they showed me their receipt records which
was signed by Mr. Velarde himself.
30. Q: How did you know that it was Mr. Velarde who received the demand
letter?
A: The signature in LBC’s receipt records was the same as the one that was
affixed in the Promissory Note and the Loan Release Sheet.
31. Q: What date did Mr. Velarde receive the demand letter according to the
LBC records?
A: It was received in July 29. 2011, sir.
32. Q: What happened from that date of receipt of the demand letter up to the
point that this complaint was filed?
A: Nothing. Mr. Velarde still did not make any effort to pay the loan.
33. Q; What is the status of Mr. Velarde’s obligation as of this moment?
A; The loan remains unpaid, sir.
IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of

October, 2013 here in the City of Puerto Princesa.
NONATO A. NAGAMBALLA
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for

the City of Puerto Princesa and the Province of Palawan this 17th day of October 2013.
Affiant personally came and appeared with PRC License ID No. 0020419 issued by the
Professional Regulation Commission on March 18, 1995 and valid until May 1, 2014 at
the City of Manila, bearing his photograph and signature, known to me as the same
person who personally signed the foregoing instrument before me and avowed under
penalty of law to the whole truth of the contents of said instrument.
ATTY. JOSEPH JOJO D. DAJAY

Notary Public
ATTESTATION
I, RAINIER B. CRUZ of legal age, Filipino, single, with office address at

Peneyra Road, Puerto Princesa City, on oath depose and state that:
1." I was the lawyer who conducted the examination of the witness NONATO
NAGAMBALLA at my aforementioned office in Puerto Princesa City;
2." I have faithfully recorded or caused to be recorded the questions I asked and
the corresponding answer that the witness gave;
3." I nor any other person then present or assisting her coached the witness
regarding her answers;
IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of

October 2013 at the City of Puerto Princesa.
ATTY. RAINER B. CRUZ
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for

the City of Puerto Princesa and the Province of Palawan this 17th day of October 2013.
Affiant personally came and appeared with Professional Driver’s License No.
D110020419 issued by the Land Transportation Office on March 28, 2009 and valid
until July 17, 2014 at the City of Puerto Princesa, bearing his photograph and
signature, known to me as the same person who personally signed the foregoing
instrument before me and avowed under penalty of law to the whole truth of the
contents of said instrument.
ATTY. JOSEPH JOJO D. DAJAY

Notary Public
Puerto Princesa City, Palawan
Copy furnished:
Atty. Tiffany Justine Gallardo

Valencia Street
Puerto Princesa City
"
"
JUDICIAL AFFIDAVIT OF AN EXPERT WITNESS
The competence of an expert witness is a matter for the trial court to

decide upon in the exercise of its discretion. The test of qualification is
necessarily a relative one, depending upon the subject matter of the
investigation, and the fitness of the expert witness. In our jurisdiction, the
criterion remains to be the expert witness’ special knowledge experience and
practical training that qualify him/her to explain highly technical medical
matters to the Court.34
With the declared insufficiency of the testimonies of petitioner and her

witness, the weight of proving psychological incapacity shifts to Dr. Tayag's
expert findings. However, her determinations were not based on actual tests
or interviews conducted on respondent himself - but on personal accounts of
petitioner alone. This will not do as well.35
34
Casumpang v. Cortejo, G.R. No. 171127, March 11, 2015.
35
Espina-Dan v. Dan, G.R. No. 209031, April 16, 2018.
60
Sample of a Judicial Affidavit of an Expert Witness

First Judicial Region
Regional Trial Court
Branch 22
JOLINA BARRETO
Plaintiff,
Civil Case No. 123456
-versus- For: DECLARATION OF

NULLITY OF
MARRIAGE
GERALD ANDERDAD
Defendant
x - - - - - - - - - - - - - - - - -- - - - - - - x
JUDICIAL AFFIDAVIT
I, Farrah Seo, of legal age, married, Filipino Citizen and with office address at
Holy Spirit Drive, Brgy. Holy Spirit Quezon City, after having been duly sworn to in
accordance with law, hereby depose and state that:
I am the psychiatrist engaged by the plaintiff in this case to conduct the

Psychiatric Study and evaluation of the parties;
In relation to the above-entitled case, the counsel Atty. Ramon dela Cruz at his
office located at Cityland, Chino Roces Ave., Makati Cityasked me questions which
questions I answered while I was in my clinic, fully conscious that I did so under oath
and that I may face perjury and any other criminal liability for false testimony;
The questions asked by Atty. Ramon dela Cruz and the answers I gave are as
follows, to wit:
1." QUESTION (Q): Madam Witness, do you know the plaintiff in this case?
ANSWER (A): Yes sir.
2." Q: Why do you know her?

A: She came to my clinic sometime in January 2020 to request for a
psychiatric evaluation on her person and that of her spouse in relation to a case
of Declaration of Nullity of Marriage that she had filed.
3." Q: Did you conduct a psychiatric study of the parties in this case?
A: Yes sir.
4." Q: Now, could you please tell us the manner by which you conducted your
study?
A: I did the standard procedure which was to do a detailed psychiatric
history and mental status examination by psychiatric interviews with the
petitioner. I also subjected the petitioner to a battery of psychological tests.
Collateral informants were interviewed. The information gathered was then
studied and collated to make a written report.
5." Q: Who were the persons you interviewed?

A: I interviewed both Jolina and Gerald.
6." Q: Were you able to interview the Defendant?

A: Yes Sir.
7." Q: Madam witness, in connection with your study, what were your findings
insofar as the plaintiff is concerned?
A: I assess the petitioner to be suffering from a personality disorder classified
as a Dependent Personality Disorder Sir
8." Q: In terms that could be understood even by a layman, could you please
elaborate on the disorder of the plaintiff?
1." A: This is a pervasive and excessive need to be taken care of that leads to
submissive and clinging behaviours such as the following: needs others to
assume responsibility for most major areas of her life, has difficulty expressing
disagreement with others because of fear of loss of support and approval, and
feels uncomfortable when alone because of fear of being unable to take care of
herself.
9." Q: This kind of disorder on the part of the plaintiff, is this chronic?
A: yes sir.
10."Q: is it pathological?
A: yes sir.
11."Q: Does it boarder on a kind of neurosis or psychosis?

A: It is a neurotic disorder.
12."Q: Now madam witness, you are trying to tell us that this Dependent
personality disorder is pathological and chronic. Did it gravely affect the
marriage of the plaintiff?
A: yes sir.
13."Q: Why do you say so?
A: It had adversely affected the marriage because the disorder rendered the
petitioner
14."Q: Madam witness, with regard to the disorder of the Plaintiff, did this disorder
exist even before she entered into her marriage with the Respondent?
A: yes sir.
15."Q: Is the disorder on the part of the Plaintiff clinically proven by your findings?
A: yes sir.
16."Q: Is the same disorder grave and incurable?

A: yes sir.
17."Q: How about the Defendant. Did you infer any findings as to his personality?
A: yes sir.
18." Q: And what is your inference with regards to the personality of the Defendant?
A: I inferred that the respondent suffers from a Narcissistic Personality
Disorder.
19."Q: In terms that could be understood even by a layman, could you please
elaborate on the disorder of the Defendant?
A: This is characterized by a pervasive pattern of grandiosity, need for
admiration and lack of empathy as indicated by the following: he has as a
grandiose sense of self importance, he has a sense of entitlement , he is
interpersonally exploitative where he takes advantage of others to achieve his
own ends, he lacks empathy where he is unwilling to recognize or identify with
the feelings of his wife and he showed arrogant behaviors.
20."Q: This kind of disorder on the part of the Defendant, is this chronic?
A: yes sir.
21."Q: is it pathological?
A: yes sir.
22."Q: Does it border on a kind of neurosis or psychosis?

A: yes sir.
23."With regard to the disorder of the Defendant, did this disorder exist even before
he entered into his marriage with the Plaintiff?
A: yes sir.
24."Q: Do you consider the same disorder grave and incurable?

A: yes sir.
25."Q: What then do you recommend as far as the marriage of the parties herein is
concerned?
A: Considering that the spouses both suffer from personality disorders
that are responsible for their inability to fulfill their marital obligations, I
respectfully recommend to the Honorable Court that the petition for
Declaration of Nullity of Marriage between the parties be granted, sir.
26."Q: madam witness, did you put your findings in writing?

A: yes sir.
27."Q: if the said written report you mentioned will be shown to you, will you be
able to identify it?
A: yes sir.
28."Q: I have here a document which purports to be a psychiatric evaluation report,

dated November 18, 2019, can you please kindly go over it and tell this Honorable
court its relation to the document you are referring to.
A: Sir, this is the same psychiatric evaluation report that I have made.
29."Q: Found on the last page of the same document is a signature above the
typewritten name Dr. Farrah Seo, MD, whose signature is that?
A: It is my signature, sir.
30."Q: I have no further questions. Do you have anything to add or retract, Madam
Witness?
A: No sir.
31."Q: Are you willing to sign your statement?

A: Yes sir.
Farrah Seo
Affiant
PRC ID No. 1234567
Issued on August 4, 1992
At PRC, Manila
SUBSCRIBED AND SWORN to before me, this 10th day of 2020, in the City
of October, Philippines, affiant exhibiting to me her proof of identification as indicated
below her typewritten name.
Doc. No. __1____ ;

Page No. __5____ ;
Book No. __1___ ;
Series of 2020
ATTESTATION
I hereby state, under oath, that I faithfully recorded the questions I asked and
the corresponding answers that the witness gave and that neither I nor any other
person present or assisting me has coached the witness regarding the latter’s
statement.
Atty. Ramon dela Cruz
SUBSCRIBED AND SWORN to before me, this 10th day of 2020, in the City
of Makati, Philippines, affiant exhibiting to me her proof of identification as indicated
below his typewritten name.
Doc. No. ___1__ ;

Page No. ___5__ ;
Book No. ___1__ ;
Series of 2020
- end -
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San Beda University

In partial fulfillment of the requirements in

Complaint-Affidavit in Criminal Cases

Judicial Affidavit Rule

Atty. Peter-Joey B. Usita

BADANGAN, ARRA OLMAYA J. OLAÑO, EMMANUEL S.

DALAODAO, JENICA ANNE T. ORIBE, GAYLE R.

DEAN, VERNON PAUL A. SUMAYA, KIRSTEN ANN L.

GIRON, JOSE JUSTIN C. TABAO, KRISTELLE Y.

HIADAN, JAMES CARLO F. VISAYA, FILOUIE C.

Key Notes in Drafting a Complaint-Affidavit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Complaint-Affidavit in Criminal Cases (With emphases on the elements of the

Slight Physical Injuries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Judicial Affidavit Rule (A.M. No. 12-08-08-SC)

In making a complaint-affidavit, it is important to have the

√ Identity of affiant and other personal circumstances;

Moreover, complaint-affidavits shall be subscribed or sworn to

Disputes are required to be subjected to barangay conciliation as

× Where one party is the government, or any subdivision or

× Where one party is a public officer or employee and the dispute

× Where the dispute involves real properties located in different cities

× Any complaint by or against corporations, partnerships or judicial

× Dispute involving parties who actually reside in barangays of

× Offenses where there is no private offended party;

× Disputes where urgent legal action is necessary to prevent injustice

× Any class of disputes which the President may determine in the

× Where the dispute arises from the Comprehensive Agrarian Reform

× Labor disputes or controversies arising from employer-employee

× Actions to annul judgment upon a compromise which may be filed

Art. 266. Slight Physical Injuries and Maltreatment.

Nature of Physical Injuries as to the Stage of Execution

Intent to Kill; When Absent

REPUBLIC OF THE PHILIPPINES

!" Versus- For: Slight Physical Injuries

I, JACKIE B. CHAN, of legal age, Filipino, a construction worker, with residence

That I am executing this Complaint-Affidavit for the purpose of filing the

IN WITNESS WHEREOF, I have hereunto set my hands this 17th day of

SUBSCRIBED AND SWORN TO before me this 3rd day of February 2021, in

In relation to Art. 6 of the Revised Penal Code:

Art. 6. Consummated, frustrated, and attempted felonies. – x x x

REPUBLIC OF THE PHILIPPINES

!" Versus- For: Attempted Homicide

I, COKO B. MARTIN, of legal age, Filipino, a construction worker, with

That I am executing this Complaint-Affidavit for the purpose of filing the

IN WITNESS WHEREOF, I have hereunto set my hands this 16th day of

SUBSCRIBED AND SWORN TO before me this 3rd day of February 2021, in

In relation to Art. 6 of the Revised Penal Code:

Article 6. Consummated, frustrated, and attempted felonies. – x x x

Note: Because of the nature of murder, the obvious consummation of

REPUBLIC OF THE PHILIPPINES

!" Versus- For: Frustrated Murder

That I am executing this Complaint-Affidavit for the purpose of filing the

SUBSCRIBED AND SWORN TO before me this 19th day of March, 2021, in

REPUBLIC OF THE PHILIPPINES

!" Versus- For: Theft

I, Joshua B. Garcia, of legal age, Filipino, an accountant, with residence at No.

4." As standard procedure, I reported the incident to my team manager, and