COMPLAINT - AFFIDAVIT

I, AMELIA GALOS y AQUINO, of legal age, and a resident of

Villa Hermosa, Sta. Cruz, Ilocos Sur, after having been duly sworn to in
accordance with law, do hereby depose and say:

1. That in the morning of March 8, 2019, while I was near the

barangay plaza preparing for the foods I was selling, Jayvee Salvio came and
without any justifiable reason he bagan badmouthing me, saying
“PAKIALAMERA KA TALAGA NGA BABAI, SALOT KA TI
BARANGAY, AGTATAKAW” then left;

2. That after a few minutes said Jayvee Salvio returned and again
uttered “GAGA, PUTA AGPAPABAYAD KA, AGTATAKAW, KAYAT MO
TA AGBOGSING KAYO KEN BAKET KO?” and immediately called his
wife April Wong Salvio;

3. That April Wong Salvio hurriedly came holding a pipe and began
attacking me on the different parts of my body while her husband Jayvee
Salvio was telling her to inflict more bodily harm upon me reason of which I
lost consciousness;

4. That after a few minutes I regained my consciousness and heard

April Wong Salvio utter “NO ADDA GASTUSEN DITA, SAANAK NGA
AGBAYAD, ITUGAWAN KA LAENGEN NEN”;

5. That I was brought inside the day care center then to the hospital
for medical examination and treatment for the injuries I suffered which
requires medical attendance for 14 days, a copy of the Medcal Certificate is
hereto attached as Annex “A”;

6. That the incident was duly reported to the police authorities as

shown by the Extract Copy of the Police Blotter hereto attached as Annex
“B”;

7. That the incident was referred to the Lupon for mediation but Sps.
Jayvee Salvio and April Wong Salvio failed to appear hence a Certification
To File Action was issued hereto attached as Annex “C”;

8. That the circumstances herein mentioned are indubitable

manifestations that Sps. Jayvee Salvio and April Wong Salvio are liable for
Less Serious Physical Injuries defined and penalized under Article 265 of the
Revised Penal Code, to wit:

"(A)ny person who inflicts upon another physical

injuries not described as serious physical injuries but
which shall incapacitate the offended party for labor for
ten (10) days or more, or shall require medical
attendance for the same period, shall be guilty of less

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 serious physical injuries and shall suffer the penalty of
arresto mayor."

9. And in addition, Jayvee Salvio should be made liable for Grave

Oral Defamation defined and penalized under Article 358 of the Revised
Penal Code as amended by Republic Act 10951, viz:

“Art. 358. Slander. Oral defamation shall 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 Twenty
thousand pesos (P20,000).”

10. As elucidated in the case of Villanueva vs. People (G.R. No.

160351, April 10, 2006):

“Slander is libel committed by oral (spoken)

means, instead of in writing. The term oral defamation or
slander as now understood, has been defined as the
speaking of base and defamatory words which tend to
prejudice another in his reputation, office, trade,
business or means of livelihood. Oral defamation may
either be simple or grave. It becomes grave when it is of
a serious and insulting nature. (De Leon vs. People, G.R.
No. 212623, January 11, 2016)”;

11. The elements of oral defamation are: (1) there must be an

imputation of a crime, or of a vice or defect, real or imaginary, or any act,
omission, status or circumstances; (2) made orally; (3) publicly; (4) and
maliciously; (5) directed to a natural or juridical person, or one who is dead;
(6) which tends to cause dishonour, discredit or contempt of the person
defamed;

12. In view of the foregoing, I am criminally charging Sps. Jayvee

Salvio and April Wong Salvio of the crime of LESS SERIOUS PHYSICAL
INJURIES under Article 265 and Jayvee Salvio of GRAVE ORAL
DEFAMATION under Article 358 of the Revised Penal Code.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

__th day of March 2019, at Sta. Cruz, Ilocos Sur.

AMELIA GALOS y AQUINO

Complainant

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 SUBSCRIBED AND SWORN to before me this __th day of March
2019. I hereby further certify that I have personally examined the affiant and
that she fully understood the contents hereof.

________________________

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