Complaint-Affidavit for Oral Defamation

REPUBLIC OF THE PHILIPPINES} DONE: IN THE CITY OF SANTIAGO } S.S. X =========================== X COMPLAINT-AFFIDAVIT I, FELICIDAD I. PITA, of legal age, single, Filipino and a resident of 78 Palma St., Santiago City, Philippines, after having been sworn to in accordance with law do hereby depose and state: 1. That I am instituting this CRIMINAL COMPLAINT against KORINA K. MANALASTAS, of lega; age, single, Filipino, and a resident of 56 Brookside, Santiago City, Philippines for ORAL DEFAMATION as defined and penalized under Article 353 in relation to Article 358 of the Revised Penal Code of the Philippines; 2. That the acts complained of were committed as follows: a. February 1, 2013 at around 5p.m. I was heading home at 56 Brookside, Santiago City when I met my neighbor, Korina K. Manalastas, who withour saying nothing, to my surprise, he intentionally shouted (“PUTA KA! INAGAW MO ASAWA KO, PALAGI KAYONG NAGLALANDIAN SA ILALIM NG BAHAY NAMIN”). You are a whore! You stole my husband! You are always flirting with each other under our house. It was uttered a lot of times and was heard by my neighbors and my son who is five years old. b. That the statement was uttered by Korina K. Manalastas on February 1, 2013 publicly and clearly prompted not by sense of moral duty but by personal illwill, spite and/or malice with the object of destroying my reputation and discrediting and ridiculing me as an individual before the bar of public opinion and contempt; c. The ill-effects of the malicious utterances are shown by the negative responses that I have received from my neighbors, especially my son, expressing belief in respondent’s baseless allegations as shameful, heinous and unequivocally barbaric-all to my damage and prejudice; 3. That by reson of the foregoing, I suffered sleepless nights, wounded feeling, moral and social embarrassment which Korina K. Manlastas should compensate by way of moral damages which is the natural, proximate and necessary result of the maliscios publication in the amount of not less that One Hundred Thousand Pesos (Php100,000.00). 4. That I am executing this affidavit to attest to the truth of the foregoing averments and for the purpose of criminally prosecuting said Korina K. Manalastas for ORAL DEFAMATION/ SLANDER as there grave utterances as determined by the Prosecution Office in the preliminary investigation. IN WITNESS WHEREOF, I have affixed my signature this 14th day of February 2013 in Santiago City, Philippines. FELICIDAD I. PITA Affiant

SUBSCRIBED AND SWORN to before me in the City of Santiago this 14th day of February 2013. I hereby certify that I have personally examined the above named affiant and that I am the foregoing statements were given by her voluntarily and of his own free will. _______________________ Investigating Prosecutor