Republic of the Philippines)

City of Davao )s.s.

x---------------------------------------x

AFFIDAVIT COMPLAINT

I, ALEXA M. JAVIER, single, of legal age, Filipino and a resident of

Apolinario Street, Barrio Kapait, Davao City, Philippines, after having been duly
sworn to in accordance with law, do hereby depose and state that:

1) I am instituting this CRIMINAL COMPLAINT against VERGEL

PASPAS (hereinafter referred to as “RESPONDENT”), of legal age, Filipino citizen
and resident of Apolinario Street, Barrio Kapait, Davao City, Philippines
respectively, for having knowingly and willfully committed the crime of MALICIOUS
MISCHIEF, as defined and penalized under Article 327 of the Revised Penal Code
to wit;
“ART. 327. Who are liable for malicious mischief.—Any person who
shall deliberately cause to the property of another any damage not
falling within the terms of the next preceding chapter shall be guilty
of malicious mischief.”

2) The acts being complained of were committed as follows:

a. On January 25, 2019 at about 9:00 pm, the RESPONDENT took his
adult female white cow1 within my property2 situated in Apolinario
Street, Barrio Kapait, Davao City, Philippines and tied the said cow to
the three-year-old mango tree with the intention of destroying it;

b. That the said mango tree is my prized property considering that it is a

Zambales Mango Carabao Tree, one of the sweetest and most expensive
mango varieties in the Philippines which I have bought and shipped
from the famous Rosa Farm in Zambales, Philippines;

c. That as a consequence of tying the cow to the tree, the young tree was
forcedly pulled off from its roots on the ground and that its baby
branches were all broken;

d. That RESPONDENT tied his cow on the young mango tree with the
intention of causing damage considering that prior thereof or at about
6:30 pm on the same night, RESPONDENT had a heated argument with
me and my boyfriend BENTONG CUNANAN;

e. That at the outset, RESPONDENT has been sending flowers and love
letters attesting his affection to me despite the fact that I already have
a boyfriend and that, at countless instances, I have already informed
him that I could not possibly give more than my friendship with him;

1
Affidavit of Witness is herein attached as Annex “A”
2
Affidavit of Witness is herein attached as Annex “B”
 f. That on the same night at about 6:00 pm, RESPONDENT visited my
house and saw me and my boyfriend under the young mango tree
carving our names therein. My boyfriend, at that instance, gave me a
kiss to bid farewell considering that he will be going overseas for a long
time. At that instance, the RESPONDENT furiously rushed to us and
demanded an explanation. He also uttered the following, “Nganong
ingon ana man ka Bentong? Kabalo ka nga gihigugma nako si Alexa
human anion ko nimo? Sulat sulat pa mo diha sa punuan sa mangga?
Timan-i lagi, wala na ning manggaha ugma! Dili na ninyo ni makita!”

g. That for the damages caused, RESPONDENT is liable to pay the value
of the MANGO TREE amounting to SEVEN THOUSAND PESOS
(PHP7,000.00) plus other damages arising from the institution of this
complaint;

3) Under the foregoing acts of VERGEL PASPAS, he has committed

MALICIOUS MISCHIEF, as defined and penalized under Article 327 of
the Revised Penal Code;

4) Thus, I am executing this affidavit to attest to the truth of the foregoing

facts and to cause the filing of the appropriate criminal charges against
VERGEL PASPAS.

IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of July
2019 in Davao City, Philippines.

ALEXA M. JAVIER
Affiant
Driver’s License No. L02-00-1234500

SUBSCRIBED AND SWORN to before me this 6th day of July 2019 at Davao
City, Philippines. I HEREBY CERTIFY that I have personally examined the Affiant
and that I am satisfied that he has read and understood the foregoing Affidavit and
that the same was voluntarily executed by him.

Doc No.
Page No.
Book No.
Series of 2019

NAME OF COUNSEL
163 Nermie Building, Rigen Street, Davao City
Roll No. 67047
PTR No. 1760155 – 01/04/2019 – Davao City
IBP Member No. 062974 – 1/04/2019 – Davao City
MCLE Compliance No. VI-0009625 valid until April 14, 2022