Republic of the Philippines)

City of Legazpi ) S.S.

COMPLAINT-AFFIDAVIT

I, ARLENIA A. RAS, of legal age, married and a resident of Bgy. 10, Cabugao,
Legazpi City, after having been duly sworn to in accordance with law, hereby depose
and state that:

1. I have been a resident of Bgy. 10, Cabugao, Legazpi City for more than 50
years, and Arnol Emproso, the person against whom I am filing this Affidavit-
Complaint is my nephew, also a resident and an elected Kagawad of the same
barangay. Kag. Arnol Emproso is the Chairman of the Barangay Peace and
Order Council;

2. On 04 December 2008, at around 11:30 in the evening, while I was resting

and trying to sleep inside my house, my nephews Arnie Emproso (Arnie) and
Kag. Arnol Emproso (Kag. Emproso), along with my niece Marivic Lanon
(Marivic), who is a married woman, and a certain Eddie Boy Bausa (Eddie
Boy), a married man, were having a drinking spree at the adjacent portion of
my house. I could not sleep at that time because the group was conversing
loudly while drinking and so I could clearly hear their conversation;

3. While the said group were having their drinking spree, I clearly heard Eddie
Boy Bausa tell my niece Marivic Lanon “I LOVE YOU”, and Kag. Emproso
saying thereafter the words “DAWA LATE NA, PUWEDE PA” (Even if it’s late, it
can still be done), which caused me to feel hurt for my niece Marivic, being a
woman like myself, and especially since she is a married woman;

4. After hearing the statements of Eddie Boy and Kag. Emproso, I went out of
my house and told Marivic to leave and stop drinking with them because she
is already being maligned. Immediately therafter, Arnie stood up and
speaking in a loud voice that can be heard in the nearby houses, spoke words
that defamed my character and person, as well as other words that disgraced
my family;

5. While he was badmouthing me and my family, Arnie rushed into the stairs of
my house and pushed me, causing me to fall down twice near the stairs and
struck me repeatedly on the head with his fist;

6. My sister Elizabeth Pascual y Asagra (Elizabeth) tried to prevent Kag. Arnol

Emproso from hurting me, but failed to do so, and she (Elizabeth) was hit
herself by Kag. Arnol Emproso;

7. Eddie Boy Bausa tried to prevent Kag. Arnol Emproso from helping Arnie from
inflicting injuries at me, but he (Eddie Boy) was himself struck by Kag.
Emproso, causing him (Eddie Boy) to fall down. Kag. Arnol Empreso then
pushed and overturned the table that blocked his way, then rushed towards
me and hit me in the face with his fist, causing my lower lip to bleed, and
which caused me pain for several days. Kag. Empreso, speaking in a loud
voice, also stated the following at me: “ANO NA SI BAIT? DUWA NA KAMONG
MAG-INA NA BINULAGAN KAN AGOM” (How is Bait? There are two of you now
who were left by your husbands.);

8. During the same incident, Arnie pulled my hair while Kag. Arnol Emproso
tossed water on my head;

9. The above-mentioned incident and circumstances evidently show that Kag.

Arnol Emproso, being an elected Kagawad of our Barangay and moreso as
Chairman of the Barangay Peace and Order Council, by acting individually and
in concert with his brother commit physical injuries and oral defamation
against me, instead of preventing the same, is guilty of OPPRESSION,
 MISCONDUCT IN OFFICE, GROSS NEGLIGENCE, DERELICTION OF DUTY, and
ABUSE OF AUTHORITY, which are grounds for disciplinary action, suspension
and removal from office of an elective local official, as provided for under the
Local Government Code of 1991;

10. Immediately the following day, December 5, 2008, I reported the incident to
the Barangay Officials and lodged a complaint for oral defamation and
physical injuries against Mr. Arnie Emproso and Kag. Arnol Emproso.
Attached as ANNEX “A” is a copy of the complaint I filed with the Office of
the Lupong Tagapamayapa, dated December 5, 2008;

11. The personal confrontation between myself and the persons complained of did
not result into a settlement, thus the Lupong Tagapamayapa issued a
Certification to File Action, dated January 19, 2009, copy of which is attached
as ANNEX “B”;

12. Thereafter, I went to the Office of the City Health Officer who issued on
December 8, 2008 a Medico-Legal Examination Report signed by the Medical
Officer III of the City Health Office, attached as ANNEX “C”;

13. I also reported the incident to the Police, as evidenced by ANNEX “D”, a
Certification issued by Edgardo Lotino Ardales, Chief of Police, Legazpi City
Police Station.

14. My sister, who witnessed the incidents stated above, executed an Affidavit
corroborating the foregoing statements. The said Affidavit is attached
herewith as ANNEX “E”;

15. I am executing this affidavit for the purpose of affirming the truth of the
foregoing statements and for any legal purpose this may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 26th Day of

January 2009 at Legazpi City, Philippines.

ARLENIA A. RAS
Affiant

SUBSCRIBED AND SWORN to before me, in Legazpi City, Philippines, this

26TH day of January 2009, by Arlenia A. Ras, who has satisfactorily proven her
identity to me through her Senior Citizen’s I.D., with I.D. No. 1187 that she is
the same person who personally signed before me the foregoing instrument and
acknowledged that she executed the same.

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