I, MONALISA DE JESUS, of legal age, Filipino citizen, married and a
resident of Monglo, Bayabas, Sablan, Benguet, after having been sworn to in accordance with law, do hereby depose and state that:
1. I am filing a case of ORAL DEFAMATION and UNJUST VEXATION
against TOMAS CABANBAN, SR., of legal age, married and a resident of Monglo, Sablan, Benget, committed as follows:
1. That on June 14, 2015 at around 9:30 in the morning, while I
was at home, Mrs. Tessie Cabanban called my attention to inquire about the tires piled by her husband, Tomas Cabanban, on top of a riprap above our residence; 2. That I earlier requested that the tires be removed due to the danger it poses to us and our house; 3. That, while Mrs. Cabanban was removing the tires, Mr. Cabanban suddenly shouted: Apay nga ikatem dagita?! Uray nu ni mayor ti nangibaga nga ikaten dagita, baybayam nga magaburan da dita baba!; 4. Upon hearing the statements of Mr. Cabanban, I responded Kaya naman pala nilagay mo dyan, may intensyon ka na tabunan kami, Mr. Cabanban angrily shouted at me: GAGA KA! OKINNAM NAGPUSKOL TI RUPAM; 5. After he violently uttered those words, I responded that I will file a suit against him, he responded back: Eh di mag demanda ka! bwisit ka! Okinnam nga talaga!, my daughter pulled me inside the house in fear of any unwanted incidents, 5 minutes after the heated argument, Mrs. Cabanban called me saying that there were police officers outside; 6. I went out after Mrs. Cabanban called me, Tomas Cabanban again shouted at me saying: bwisit ka! nagpuskol talaga ti rupam!, which was heard by several people including the police officers; 7. That Mrs. Cabanban removed the piled tires after the incident; 8. That when I was on my way to the police station to file a complaint against Mr. Cabanban, he again shouted at me when I was about to board a bus apay ka nga aglugan dita?! ijay ka ayan yu aglugan!, which was heard by all of the bus passengers; 9. That I was able to file a complaint before the police at Sablan, Benguet for ORAL DEFAMATION, the police report is hereto attached as ANNEX A; 10. That I filed the case with the Barangay, however, were not able to settle the case amicably due to the failure of Mr. Tomas Cabanban to appear before the Lupon, thus a Certificate to File Action which was issued by the Punong Barangay, is hereto attached as ANNEX B; 11. The incident was witnessed by my mother-in-law, her affidavit is hereto attached as ANNEX C
2. That because of the incident, I now have a trauma whenever I pass by
their place because someone might be shouting at me again, especially so, that my husband is working abroad and I am only living with my child;
3. I am executing this affidavit to attest to the truth of the foregoing
statements and to support the filing of Oral Defamation and Unjust Vexation Cases against TOMAS CABANBAN SR. and for all legal intents and purposes.
IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of
April 2015, at La Trinidad, Benguet , Philippines.
MONALISA DE JESUS Affiant- Complainant
SUBSCRIBED AND SWORN TO before me this 10th day of April 2015 at
La Trinidad, Benguet , Philippines. I further Certify that I have personally examined the affiant and that I am satisfied that he gave her statement freely and that he understood the contents of his affidavit- complaint.
Estate of Nelson R. Dulay, Represented by His Wife Merridy Jane P. Dulay, Petitioner, V. Aboitiz Jebsen Maritime, Inc. and General Charterers, Inc., Respondents.