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REPUBLIC OF THE PHILIPPINES )

CITY OF SAN PEDRO LAGUNA ) S.S.





COMPLAINT AFFIDAVIT

I, MARIA O. SELAN, of legal age, Filipino, single, a resident of
Brgy. San Antonio, San Pedro, Laguna, after having been sworn
in accordance with law, hereby depose and state that;

1. I am a member of the Holiday Village Homeowners
Association (Association) and a former Board Member of
the Association;

2. I accuse and hereby charge MR. JUAN PACANA, residing
at Block Lot 14 Apple Street of Holiday Village, of violating
Article 358 of the Revised Penal Code (Slander and Oral
Defamation), committed against me when he publicly,
maliciously and deliberately uttered defamatory remarks
against me during the Board Meeting of the Association on
01 July 2014;

3. This is attested to by the following exchange that transpired
between Mr. Pacana and the other members of the Board in
attendance:

Mr. Pacana: Si Ms. Ma selaneste c Ms.
Selan ay di naman nagbabayad at niloloko
lang naman tayo niyan
Board Member: Talaga?

Attached as Annex A is the copy of the official transcript of
the meeting;

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4. Prior resort to the Barangay conciliation system proved
fruitless as Mr. Pacana did not retract his remarks.
Consequently, a Certification to File Action was issued by
the Barangay Chairman, a copy of which is attached as
ANNEX B;

5. There is no other person named Ms.Selan residing at
Holiday Village nor is there any other person named
Ms.Selan who has acted as Board Member of the
Association. Consequently, Mr. Pacanas public and
defamatory utterance was clearly a reference to me and to
no other;

6. Mr. Pacanas remarks, calling me a swindler twice over,
uttered in a public meeting are clearly insulting and
defamatory as they malign me and attribute to me a criminal
act, nature and predisposition;

7. There is, moreover, no doubt that Mr. Pacanas use of the
word swindled was deliberate as his explanation and
clarification a few utterances thereafter would show;

8. Mr. Pacanas remarks are also very serious as they cast
aspersions on my reputation, character and very person
before my peers and fellow homeowners;

9. Mr. Pacanas remarks have injured my name, reputation
and character before my neighbors and peers. While my
name, reputation and character are incapable of pecuniary
estimation as these are the result of a lifetimes effort to
build a name, reputation and character that my children and
their children can be proud to bear, Mr. Pacana cannot be
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allowed to simply go scot-free without bearing the
consequences of his acts.

10. For this reason, hemust be punished by arresto mayor
in its maximum period to prision correccional in its minimum
period if it is of a serious and insulting nature; otherwise the
penalty shall be arresto menor or a fine not exceeding 200
pesos.I am also holding Mr. Pacana liable civilly for
defaming me in the amount of Five Hundred Thousand
Pesos (P500,000.00) in nominal damages, One Hundred
Thousand Pesos (P100,000.00) in moral damages and Fifty
Thousand Pesos (P50,000.00) in exemplary damages.

TO THE TRUTH OF THE FOREGOING, I have signed this
Complaint-Affidavit on 05 July 2014.

MARIA O. SELAN
Complainant-Affiant



SUBSCRIBED AND SWORN to before me this 5
th
day of
July at San Pedro, Laguna, Philippines, affiant exhibited to me her
Communicates Tax Certificate No. 12345 issued on June 18,
2014 at San Pedro, Laguna.



ATTY. ROSSANA MARIE O. MERGAL
Notary Public (until12/31/2016)
Appointment No. 12-001
Roll of Attorney No. 87129
IBP No. 978129 / 31 December 2016 / San Pedro City
PTR No. 1003029 / 31 December 2016 / San Pedro City
MCLE Compliance II No. 0056784/ 05-15-2016


Doc. No.:126
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Page No. : 27
Book No. : X
Series of 2014