Republic of the Philippines) S.S.

City of Bacolod )
x-----------------------x
COMPLAINT-AFFIDAVIT

I, of legal age, married, Filipino, and a

resident of Purok Masinadyahon, Barangay Bata, Bacolod City,
Philippines, after having been sworn to in accordance with law, do
hereby depose and say that:

1. I am instituting this criminal complaint against Respondent

, who is likewise Filipino, of legal age, married and
with residential address at Block 12, Lot 11 & 13, Charito Heights
Subdivision Phase 2, Barangay Granada, Bacolod City, for
PERJURY as defined and penalized under Article 183 of the
Revised Penal Code of the Philippines, to wit:

“Article 183. - False testimony in other cases and perjury

in solemn affirmation. — The penalty of arresto mayor in
its maximum period to prision correccional in its minimum
period shall be imposed upon any person, who, knowingly
makes untruthful statements and not being included in the
provisions of the next preceding articles, shall testify
under oath, or make an affidavit, upon any material matter
before a competent person authorized to administer an
oath in cases in which the law so requires.”

2. The acts complained of were committed as follows:

a. On or about the 3rd day of April, 2019, in the City of

Bacolod, Province of Negros Occidental, Philippines, the said
RESPONDENT presented a Complaint-
Affidavit to the Office of the City Prosecutor in Bacolod City,
which Complaint-affidavit was subscribed and sworn to by
Respondent before Senior Assistant City Prosecutor Lady Liza
Rodrigazo- Placido, a competent person authorized by law to
administer oaths, in which said Complaint-Affidavit, Respondent
willfully, deliberately, unlawfully and feloniously testified and
made the following untruthful statements under oath, to wit:

“11. On March 9, 2019, he came to my house

bringing his rabid dog at around 8 o'clock in the
morning, unmindful of the serenity in our community.
He tied his rabid dog to the main gate and bragged
entry to the house, claiming without conscience, that
the house that I personally acquired through PAG-
IBIG loan, is conjugal property.”
A copy of the Complaint-affidavit dated April 3, 2019 is hereto
attached as Annex “A”.

b. The claim that my dog is a “rabid dog” is an untruthful

statement, intentionally and maliciously made by Respondent
to make it appear that I inflicted a form of violence against her
and my children when I brought my allegedly “rabid dog” at the
gate of Respondent's house.

c. A “rabid dog” is a dog infected with the rabies virus. The

Anti-Rabies Act of 2007, (R.A. No. 9242), defines “rabies” as
follows:

“(j) Rabies refers to a highly fatal disease caused by a

lyssa virus, transmitted mainly through the bite of an
infected animal and is characterized by muscle paralysis,
hydrophobia and aerophobia, and other neurological
manifestations.”

d. DOH Administrative Order No. 2014-0012 dated March

17, 2014 on the other hand defines the terms “rabid animal”
and suspected “rabid animal” as follows:

“I. Rabid Animal – refers to biting animal with clinical

manifestation of rabies and/or confirmed laboratory
findings

J. Suspected Rabid Animal – refers to biting animal with a

potential to have rabies infection based on unusual
behavior, living condition like stray dogs, endemicity of
rabies in the area and no history of immunization.”

e. A search of the term “rabid dog” on the internet will yield

results showing that a rabid dog is a dog infected with the
rabies virus. A screenshot of the definitions yielded by a search
for the term “rabid dog” is hereto attached as Annex “B”, for
ease of reference, citing the American Heritage Dictionary and
the Collins English Dictionary, among others. As described in
the afore-cited definitions, a rabid dog is characterized by
“excessive salivation, aversion to water, convulsions, and
paralysis.”

f. In Philippine jurisprudence, a “rabid dog” is one of the

instances identified as a nuisance per se, that may be abated
by the municipal authorities at once, from the necessity and to
meet an emergency which exists to at once protect the health
 and lives of the people.1

j. I categorically declare that my dog referred to by

Respondent in the afore-quoted false statement was not, at the
time of the incident, and up to the present, a “rabid dog”.

k. My dog did not, at the time of the incident, and up to now,

still not does not exhibit any of the symptoms of a “rabid dog”.

l. I respectfully submit pictures of my dog taken in La Costa

Brava Subdivision on May 7, 2019, and at the Bata Public
Market on May 13, 2019. The pictures show that my dog is
healthy and well-behaved in public and crowded places. These
pictures are indubitable proof that my dog is not a “rabid dog”,
as rabies in dogs is fatal and has no cure, and an infected
animal usually dies within five days from infection.2 Copies of
the afore-mentioned pictures are hereto attached as Annexes
“C” to “C- ”.

m. Finally, I respectfully submit Veterinary Health

Certificate dated June 15, 2019, VHC No. 19-10322, issued
by Veterinarian III – Ryan R. Janoya, DVM of the Provincial
Veterinary Office declaring that:

“This is to certify that upon inspection of the animals

described below owned by RICHARD LIM are found to be
apparently healthy and free from contagious and
dangerous disease.”

n. The afore-quoted Certificate shows that my dog is not

infected with any contagious and dangerous disease, including
the rabies virus. A copy of the Veterinary Health Certificate
dated June 15, 2019 is hereto attached as Annex “D”.

o. It has been more than 4 months already since I allegedly

brought my “rabid dog” to the house of Respondent, and my
dog is still alive and well. The attached documentary evidence
indubitably establishes that my dog declared under oath by
Respondent as a “rabid dog”, in truth and in fact, is not infected
with rabies, thus proving that Respondent lied under oath on a
material matter.

1Iloilo Ice and Cold Storage Company vs. Municipal Council of

Iloilo, G.R. No. L-7012, March 26, 1913.
2 Rabies Facts & Prevention Tips, August 25, 2016, American
Humane Organization Website,
https://www.americanhumane.org/fact-sheet/rabies-facts-prevention-
tips/ .
3. Perjury is the willful and corrupt assertion of a falsehood under
oath or affirmation administered by authority of law on a material
matter. It has been held that the lis mota in the crime of perjury is the
deliberate or intentional giving of false evidence in the court where
such evidence is material. The purpose of the rule on perjury is to
avert the prevalence of corrupt assertion of a falsehood, under oath
or affirmation, which constitutes an imposition upon the court and
seriously exposes it to a miscarriage of justice. Perjury is the willful
and corrupt taking of a false oath, lawfully administered in a judicial
proceeding or the course of justice in regard to a matter material to
the issue or a point of inquiry."3

4. In the case of People vs. Cabero,4 the Honorable Supreme

Court has found that the offense of perjury is committed when an
affidavit is made by the accused in a criminal complaint containing
false and untrue statements on material matters before a competent
person authorized to administer an oath.

5. The elements of the crime of perjury are —

(a) That the accused made a statement under oath or

executed an affidavit upon a material matter.

(b) That the statement or affidavit was made before a

competent officer, authorized to receive and administer oath.

(c) That in that statement or affidavit, the accused made a

deliberate assertion of a falsehood.

(d) That the sworn statement or affidavit containing the falsity

is required by law or made for a legal purpose.

6. All the foregoing elements are present in the case at bar.5

a. The false statement made by Respondent under oath in

her Complaint-Affidavit that I brought a “rabid dog” to her house
were made by her to make it appear that I committed acts of
harassment or violence against her in violation of R.A. 9262,
and is therefore a material matter in connection with the

3 Villarosa vs. Hon. Magallanes, G.R. No. 139841, April 29,

2003
4 G.R. No. L-40574, December 29, 1934.

5 Diaz vs. People of the Philippines, G.R. No. L-65006,

October 31, 1990; Choa vs. People of the Philippines, G.R. No.
142011, March 14, 2003
 criminal complaint she filed against me for violation of R.A.
9262.

b. The Complaint-affidavit of Respondent was made before

Senior Assistant City Prosecutor Lady Liza Rodrigazo-Placido,
a competent officer, authorized to receive and administer oaths.

c. In her desire to make me appear guilty of the offense of

Violation of R.A. 9262, Respondent deliberately made the false
claim that I brought my “rabid dog” to her house, despite seeing
for herself and knowing fully well that my pet dog does not
exhibit any of the symptoms of a “rabid dog.”

d. Finally, the Complaint-affidavit containing the falsity was

executed by Respondent in compliance with the requirements
set forth in the Revised Rules of Criminal Procedure, which
requires the filing of a sworn written statement to initiate a
criminal complaint.

7. Clearly, Respondent willfully asserted a falsehood under oath

on material matters required by law.

8. Respondent's false sworn statement that is the subject of this

criminal complaint for perjury caused me to suffer sleepless nights,
wounded feelings, moral and social embarrassment, public
humiliation and besmirched reputation which Respondent should be
made to compensate by way of moral damages as the natural,
proximate and necessary result of her criminal acts in the amount of
not less than Two Hundred Fifty Thousand Pesos (PhP 250,000.00);

9. By way of example or correction for the public good, so as to

deter other persons from doing the same reprehensible acts,
Respondent should be made liable to pay exemplary damages in the
amount of not less than Two Hundred Fifty Thousand Pesos (PhP
250,000.00);

10. I am executing this affidavit to attest to the truth of the foregoing

averments and to support the criminal complaint for PERJURY under
Art. 183 of the Revised Penal Code against
who should be charged accordingly.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this____ day of ________ 2019 at Bacolod City, Philippines.
 SUBSCRIBED AND SWORN to before me this
__________________________________at Bacolod City. I hereby
certify that I have personally examined the affiant and that I am fully
satisfied that he voluntarily executed and understood the contents of
his affidavit.