REPUBLIC OF THE PHILIPPINES )

CITY OF QUEZON CITY ) s.s.

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

COMPLAINT-AFFIDAVIT

I, DR. VICKI BELO, 63 years old, Filipino, Married, Registered Physician and a
resident of Quezon City after having sworn in accordance with law, do hereby depose
and state THAT:

I am the plaintiff of the case, now pending before the Regional Trial Court of Quezon
City;

The Defendant underwent cosmetic procedures to have paraffin injected in her

nose for enhancement. But her body rejected the paraffin, causing disfigurement to her
nose. I was recommended by Defendant’s friend to have her nose fixed.

Upon consultation, I advised Defendant to have the paraffin removed and

replaced with silicone implant to improve the disfigurement. When the surgery was
performed, I noticed that her nose was not improving, causing her to consult another Dr.
FGH. FGH told her that she should not have undergone another procedure after the
paraffin was removed, and should have given her nose to heal first before the silicon
was implanted.

Defendant filed a case against me for reckless imprudence resulting to serious

physical injuries before the Office of the City Prosecutor of Quezon City, and which was
raffled before MTC Branch 6. Sometime in September 1, 2019, the Department of
Justice issued a Resolution ordering the withdrawal of the Information filed in the MTC.
A subsequent Order was issued by the said court withdrawing the said information.
Aggrieved, I want now to file damages against Defendant for malicious prosecution.
Also, my reputation and credibility has been besmirched and that cause a sudden drop
on my business earnings due to the decrease in the number of patients and prospective
clients.

I executed this affidavit to attest the truthfulness of the foregoing facts and to support
the filing of Criminal Cases against Y for violation of Murder under Article 248 of the
Revised Penal Code.

AFFIANTS SAYETH NAUGHT.

RELEVANT CASE LAW

1. Malicious prosecution has been defined as an action for damages brought by or

against who a criminal prosecution, civil suit or other legal proceeding has been
instituted maliciously and without probable cause, after the termination of such
prosecution, suit, or other proceeding in favor of the defendant therein.
(Yasonña v. De Ramos, 440 SCRA 154 (2004).

It is an established rule that in order for malicious

prosecution to prosper, the following requisites must be
proven by petitioner:

(1) the fact of prosecution and the further fact that the
defendant (respondent) was himself the prosecutor, and
that the action finally terminated with an acquittal; (2) that
 in bringing the action, the prosecutor acted without
probable cause; and (3) that the prosecutor was actuated
or impelled by legal malice, that is, by improper or sinister
motive. The foregoing are necessary to preserve a
person’s right to litigate which may be emasculated by the
undue filing of malicious prosecution cases. From the
foregoing requirements, it can be inferred that malice and
want of probable cause must both be clearly established to
justify an award of damages based on malicious
prosecution. (Id. At 158-159; Villanueva v. UCPB, G.R. No.
138291, March 7, 2000, 327 SCRA 391, 400; Ponce v.
Legaspi, G.R. No. 79184, May 6, 1992, 208 SCRA 377,
388).

A claim for damages based on malicious prosecution will

prosper only if the three elements aforecited are shown to
exist. In this case, the cases were dismissed by the
prosecutor before they could be filed in court, hence, they
did not end in acquittal.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that the instant civil

complaint be given merit.

Further, the plaintiff respectfully prays for such and other reliefs as may be
deemed just and equitable in the premises.

In witness whereof, I hereunto affixed my signature this 28thday of September at

Quezon City, Manila.

Dr. Vicki
Belo Affiant

Affiant SUBSCRIBED AND SWORN to before me this 28thday of September at Quezon

City, Manila. I HEREBY CERTIFY that I have personally examined the herein affiants
and I am satisfied that they voluntarily executed and understood their given affidavit.

Atty. Maria Christina F. Corpuz

Roll No. 09875
PTR No.78965/04-04-11/Quezon City
IBP No.09865/04-04-11/Quezon City
MCLECompliance No.89076 10/10/12