Republic of the Philippines

OFFICE OF THE CITY PROSECUTOR

Lapu-Lapu City

______________., NPS No. _____________________

Complainant, For: Other forms of trespass under
Article 281; Grave coercions under
Article 286 -versus - and unjust vexation under Article
287 all of the Revised Penal Code;
________________
___________ and _____________,
Respondents.
x------------------------/

JUDICIAL AFFIDAVIT COMPLAINT

OF SALOME BOOC- MABALE

I, ___________, of legal age, Filipino citizen, married, and with

office address at ___________, ___________, Mandaue City, after having
been duly sworn in accordance with law, hereby depose and state, to
wit:

PRELIMINARY STATEMENT

That the person examining me is Atty. ___________with office

address at ____________________________ Cebu City, 6000. The
examination is being held at the same address. I am answering his
questions fully conscious that I do so under oath and that I may face
criminal liability for false testimony and/or perjury for any untruthful
answers on any material matter. I further attest that the documents
attached to this judicial affidavit complaint are either original
documents, certified true copies or faithful reproductions of original
documents in my possession. My examination are stated hereunder, to
wit:

ATTY. ___________:

1. Q. Madam, please state your name, age, nationality,

civil status, address, occupation, and other personal
circumstances.
A. I am ___________, thirty six (36) years of age, Filipino,
married and a resident of Mandaue City. I am an
employee of ___________ Corp. (___________).

2. Q. You said
that you are an employee of
___________do you have any authority from
___________in filing the instant complaint?
A. At the moment, I could not produce it yet Sir because
the officers of ___________ are out of town. But, I
 have received instructions from them to file this
Complaint. I will submit the said written authority or
ratification as soon as I can.

3. Q. What type of corporation is ___________?

A. It is a domestic corporation registered and existing
under Philippine laws.

4. Q. Where were you on December 11, 2016 at around 3

o’clock in the afternoon?
A. During the said date and time I was at
___________located in ___________, Lapu- Lapu City.

5. Q. You said you were at ___________what were you

doing in the said place?
A. ___________ assigned me in the said mall.
___________owns ___________.

6. Q. Do you have any proof that ___________owns

___________?
A. Yes. I have a copy of the Transfer of Certificate of Title
No. ___________under the name of ___________.

7. Q. Showing to you this Transfer of Certificate of Title No.

___________, which has been previously marked as
EXHIBIT “A”, how is this related to the document that
you mentioned?
A. That is the same document that I have just mentioned.

8. Q. Was there any unusual incident that happened on

December 11, 2016 at around 3 o’clock in the
afternoon?
A. Yes, ___________and ___________ trespassed
inside ___________ premises specifically in the area
for residential rooms that were for rent.

9. Q.You said Wilbert ___________ and

___________trespassed inside ___________
premises specifically in the area for residential spaces,
how did this happen?
A. During the said date and time I received information
from the security guards and site personnel of
___________, ___________, that there were persons
who tried to enter ___________without any authority
and even tried to padlock the glass door leading to the
residential spaces and administrative offices so I and
___________ together with the security guards were
roving the area.

10. Q.While roving the area what happened?

 A. While we were roving the area we saw
___________and ___________padlocking the
residential rooms that were for rent.

11. Q.You said that you saw ___________and

___________padlocking the residential rooms did you
do something, if any?
A. Being an employee of ___________who was assigned
to monitor the security of ___________, I immediately
confronted ___________ and ___________.

12. Q.How did you confront ___________ and

___________?
A. I asked them what were they doing inside the
___________and why were they padlocking the
residential rooms. ___________ replied that he was a
member of Crime Investigation and Detection Group
(CIDG) under Philippine National Police (PNP). I was
shocked by his introduction because he was allegedly a
police officer. I told him that he was inside a private
property and he had no authority to padlock the
residential rooms of ___________. ___________ said
that ___________instructed him to enter
___________and padlock the residential rooms.
13. Q.What happened next?
A. I asked ___________ what was his relation with Mr.
___________who was the former owner of
___________, ___________ said that he is the
nephew of ___________. I told him that
he and his
companion were trespassing, hence, committing a
crime.

14. Q.You said that ___________ and his companion

___________ were trespassing what did you do if any?
A. Since he introduced himself as member of CIDG I was
afraid that he was armed. I then tried to remove the
padlocks that they placed in the residential rooms but
___________ and ___________ prevented me from
doing so. In order not to cause any physical trouble I
instructed one of the security guards to call the police.

15. Q.What happened then?

A. One of the security guards called the police and
moments after two police officers arrived. I told the
police that ___________ and ___________ were
trespassing on a private property, that they padlocked
the residential rooms of ___________without any
 authority from the owner and that ___________ was a
member of CIDG. The police officers arrested
___________ and ___________.

16. Q.What happened after ___________ and ___________

were arrested?
A. ___________ and ___________ were boarded to the
patrol car and were brought to Police Station 2 located
in Barangay Mactan, Lapu- Lapu City. ___________and
I followed the police patrol car on board my private car
while security guards ___________, ___________
and ___________ accompanied the police officers in
the patrol car.

17. Q.What happened after ___________ and ___________

were brought to the police station?
A. ___________ and ___________ were investigated
and jailed. I also caused the entry of the incident in the
police blotter.

18. Q.What relief are you asking in this criminal complaint?

A. I pray that the Honorable Office of the City Prosecutor
will find probable cause to charge respondents
___________ and ___________with the crime of
Other forms of trespass under Article 281; Grave
coercions under Article 286 and unjust vexation under
Article 287 all of the Revised Penal Code and for any
other offenses as may be warranted by the facts
alleged in this Judicial Affidavit Complaint and other
documentary evidence. I also pray that after trial in the
appropriate court, the said respondents be found
criminally liable for the said offenses.

19. Q. Why did you file the instant criminal complaint for
trespassing, grave coercion and unjust vexation against
respondents?
A. I filed the complaints against the respondents because
it is very clear from their actions that they acted in
conspiracy with each other in trespassing in the
residential rooms of ___________ and padlocked them
without any authority from ___________. In fact, there
was already a sign or notice placed in a conspicuous
place in ___________that the owner of the property is
___________. A copy of the notice is attached herewith as
EXHIBIT “B”. Moreover, they also committed the crime
of grave coercion and unjust vexation because when I
tried to remove the padlocks from the residential rooms
they prevented me form doing so by not allowing me
any access to the rooms and ___________ kept on saying
that he was a member of CIDG that was why I did not
insist for fear that he was armed. Respondents had no
authority to enter ___________and its residential rooms,
 to padlock them and prevent me from removing the
padlocks because they are not the owner of the subject
properties. Finally, ___________ ___________ must be also
charged with the crimes mentioned above because it
was him who ordered ___________and ___________to
trespass, padlock the residential rooms and prevent me
from removing the padlocks. I am also attaching the
supporting affidavits of my witnesses as EXHIBITS “C”
and “D”.

20. Q. What other relief are you claiming from the

respondents?
A. I pray that the respondents be ordered to pay
___________the actual damages that it suffered. By
putting padlocks on the five residential rooms of
___________, ___________ was forced to remove them and
replaced them with new locks approximately in the
amount of Five Thousand (P 5,000.00) Pesos.

21. Q. Do you wish to say anything more?

A. No. That would be all for now but I reserve the right to
submit an additional or supplemental affidavit and
documentary evidence, if necessary.

22. Q. Do you warrant that the documents attached to this

affidavit are clear copies of the originals?
A. Yes.

23. Q. Are you ready to sign this Judicial Affidavit?

A. Yes, sir.

IN WITNESS WHEREOF, I have hereunto set my hand this 12th

day of November 2016 in the City of Cebu, Philippines.

_____________________
Complainant-Affiant
COMELEC I.D. VIN ________________

SUBSCRIBED AND SWORN to before me this 12th day of

December 2016 at Cebu City, Philippines, with affiant exhibiting to me
her valid COMELEC I.D., with details above set forth, as competent
evidence of her identity. I hereby certify that I have personally
examined the said affiant and I am fully satisfied that she fully
understands the contents of her Judicial Affidavit Complaint and she
voluntarily executed the same.
Republic of the Philippines) S.S.
City of Cebu . . . . . . . . . . . .)
x------------------------------------/

ATTESTATION BY EXAMINING COUNSEL

I, ATTY. ___________, Filipino, of legal age, single and with office

address at Rm. ___________Capitol Site, Cebu City, under oath, depose
and state that:

1. I am one of the counsels of complainant in the above-

captioned complaints for trespassing, grave coercion and unjust
vexation against Respondents ___________, ___________and ___________;

2. I personally conducted the above-examination of

___________ on December 12, 2016 at my office address at Rm. M03,
___________, Capitol Site, Cebu City;

3. I faithfully recorded the questions that I asked of

___________ and her corresponding answers thereto;

4. I further attest that neither I nor any other person present

or assisting me at the time of examination of ___________ has coached
the said witness regarding her answers to the questions propounded.

IN WITNESS WHEREOF, I have hereunto set my hand this 12 th

day of December 2016 at Lapu- Lapu City, Philippines.

___________
(Supervising Lawyer)
IBP I.D. No. ___________
 SUBSCRIBED AND SWORN to before me this 12th day of
December 2016 at Lapu- Lapu City, Philippines, with affiant exhibiting
to me his valid SSS ID with details above set forth as his competent
evidence of identity.

Doc. No.____;
Page No.___;
Book No. ___;
Series of 2016.