REPUBLIC OF THE PHILIPPINES )

(City of Makati
) S.S.
COMPLAINT-AFFIDAVIT
I, JOJO C. SANTOS, Filipino, of legal age, with assistance of
counsel, and a resident of Unit 1711, The Manansala, Hidalgo Drive corner
Estrella Street, Makati City, after having been duly sworn to in accordance
with law, do hereby depose and say:
1. That I am filing a complaint for Qualified Trespass to Dwelling against
GRACE O. ABAD, who can be served with summons and notices at Unit
1712, The Manansala, Hidalgo Drive corner Estrella Street, Makati City.
2. That Ms. Abad and I are both tenants on the 17 th floor of The Manansala
building.
3. That on or about midnight of March 21, 2016, Monday, at my residence in
the City of Makati, as I was listening to music, Ms. Abad pounds on the door
of my apartment unit.
4. That upon opening the door about six inches and realizing that I could not
hear what Ms. Abad was saying, I stepped back into the room a few feet to
turn the volume down without opening the door further.
5. That, continuing to express outrage, Ms. Abad pushed the door completely
open and entered my apartment unit.
6. That upon ordering Ms. Abad to leave, she punched me hard, as a result of
which I suffered substantial injury.
7. That GRACE O. ABAD, a private person, entered my dwelling against my
will.
8. That such offense was committed by means of violence through the acts of
pushing the door open and punching me after entering my apartment unit.
9. That it has been held in U.S. v. Paray, 17 Phil. 378, that pushing the door
violently and slapping the occupants after entering constitutes the crime of
Qualified Trespass to Dwelling.
10.That it has been held in U.S. v. Clauck, 6 Phil. 486, that:
In the crime of forcible entry of a dwelling committed with
violence, force, or intimidation, it is to be presumed that such
entry was effected against the will of the occupants. It is logical
1

to presume that the occupants of a house would not consent to

anyone entering the same forcibly or with violence and
intimidation, and it is absurd to claim that such entry of the
house of another is not against the will of the occupant.
11.That I am executing this affidavit to attest to the truthfulness of the
foregoing facts and to support the filing of a Criminal Case for Qualified
Trespass to Dwelling against GRACE O. ABAD.
IN WITNESS WHEREOF, I have hereunto set my hand this 28th
day of March 2016, in Makati City, Philippines.
JOJO C. SANTOS
Affiant
SUBSCRIBED AND SWORN to before me this 28th day of March
2016 in Makati City, Philippines. I hereby certify that I have personally
examined the affiant and I am satisfied that he fully understood and
voluntarily executed his complaint-affidavit.
JAIME E. CRUZ
Assistant City Prosecutor
Makati City, Philippines