REPUBLIC OF THE PHILIPPINES )

PROVINCE OF LA UNION ) S.S.

CITY OF SAN FERNANDO )

COMPLAINT-AFFIDAVIT
COMPLAINANTS, after having been duly sworn in accordance with
law, hereby depose and state that:

1. Complainants are heirs of the deceased spouses Genaro Quejado and

Carmen Fernandez-Quejado, as follows; Josefina Q. Viloria, Remedios Q.
Gaerlan, Benjamin Quejado, Demetrio Quejado, and Felicitas Quejado.
One of the siblings, Edilberto Quejado died single and without any issues.

2. Josefina Q. Viloria is of legal age, widow and a resident of Brgy.

Poblacion, Bacnotan, La Union and one of the daughters of the late Genaro
and Carmen F. Quejado; Remedios Q. Gaerlan is another daughter of the
deceased spouses Genaro and Carmen F. Quejado and herein represented by
her husband, Bienvenido Gaerlan and children, Kathleen Deanna G.
Salayog, of legal age, married and resident of Ili Norte, San Juan, La Union,
and Karen G. Lewis, Bienvenido Gaerlan, Jr., Manuel King Gaerlan and
Ronald Gaerlan, all are of legal age, married and residents of Taboc, San
Juan, La Union; Benjamin Quejado, one of the sons of the deceased
spouses Genaro and Carmen F. Quejado is already dead and herein
represented by his wife, Edna S. Quejado and children, Jonathan Quejado,
Allan Quejado and Pamela Quejado Tuvera, all are of legal age, married
except Allan Quejado and residents of Taboc, San Juan, La Union;
Demetrio Quejado another son of the deceased spouses Genaro and Carmen
F. Quejado is also dead and herein represented by his wife, Angelita V.
Quejado, who is now a resident of Alberta, Canada and childeren, Olga
Dyan Quejado of Lubing, San Juan, La Union, Kathrina Angelica Quejado,
who is last known to be residing somewhere in Zamboanga City and Dexter
Jordan Quejado of Alberta, Canada, all are of legal age and married, except
for Olga Dyan Quejado who is single; and Felicitas Quejado, another
daughter of the deceased spouses Genaro and Carmen F. Quejado, is also of
legal age, single and a resident of Brgy. Taboc, San Juan, La union.

3. The defendants Justina Ducusin-Cabanlig and Felisa Ducusin-

Trespicio are the children and heirs of the late Maria Quejado.

4. Justina Ducusin Cabanlig is of legal age, married to Felipe Cabanlig

and are residents of Brgy. Taboc, San Juan, La Union, and Felisa Ducusin-
Trespicio likewise of legal age, married to Paulino Trespicio and are also
residents of Brgy. Taboc, San Juan, La Union.

5. This complaint is being filed to charge JUSTINA DUCUSIN-

Complaint Affidavit of Josefina Q. Viloria et al. ; re: Violation of Art. No. 172 in relation
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CABANLIG and FELIZA DUCUSIN-TRESPICIO with falsification of
public document and the use of the same, pursuant to Article 172 paragraph
1, section 1, and paragraph 2 relative to falsification by private individuals
and use of falsified documents in relation to Article 171 paragraph 1, nos. 1
and 2 of the Revised Penal Code. to wit:

“Article 172. Falsification by private individuals and use of

falsified documents.

xxx xxx

1. Any private individual who shall commit any of the

falsifications enumerated in the next preceding article in any public
or official document or letter of exchange or any other kind of
commercial document and

xxx xxx

Any person who shall knowingly introduce in evidence in any

judicial proceeding or to the damage of another or who, with the
intent to cause such damage, shall use any of the false documents
embraced in the next preceding article or in any of the foregoing
subdivisions of this article, shall be punished by the penalty next
lower in degree”.

“Article 171. Falsification by public officer, employee; or

notary or ecclesiastical minister.

xxx xxx

1. Counterfeiting or imitating any handwriting, signature, or

rubric;
2. Causing it to appear that persons have participated in any act
or proceeding when they did not in fact so participate”;

xxx xxx

3. The facts antecedent to this complaint are as follows.

4. On February 20, 2018, MARILYN R. ORIENTE appeared personally and

filed before the Office of the Provincial Prosecutor, Balaoan, La Union her
complaint affidavit against the accused therein, ELPIDIO V.
OJASCASTRO, JR., for violation of RA No. 9262 and signed the same
over her printed name on page 4 of the same complaint affidavit, subscribed
and sworn to first, on October 23, 2017 (the same date when the complaint
affidavit was executed by Marily R. Oriente) before Atty. Jocelyn O.
Ocasion and was again subscribed and sworn to before Assistant Provincial
Prosecutor, Bonifacio B. Mangibin on February 20, 2018, when the actual

Complaint Affidavit of Josefina Q. Viloria et al. ; re: Violation of Art. No. 172 in relation
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complaint was actually filed before the Office of the Provincial Prosecutor,
Balaoan, La Union.

(A copy of the Complaint-Affidavit of Marilyn R. Oriente is herein

attached as Annexes “A” and series “A-1”, “A-2”, “A-3”, & “A-3a”).

5. Also, on the same date, February 20, 2018, Marilyn R. Oriente filled up
an Investigation Data Form and filed the same before the Office of the
Provincial Prosecutor, Balaoan, La Union bearing therein her signature
over her printed name on the same document and sample of her usual
penmanship/handwriting is provided therein, in accomplishing the portion
required of the complainant thereto.

(A copy of the Investigation Data Form filed by the complainant,

Marilyn R. Oriente is herein attached as Annexes “B” and “B-1”).

6. On April 23, 2018, during the arraingment and pre-trial of ELPIDIO

VALDEZ OJASCASTRO, JR., relative to Criminal Case No. 4539 for
violation of RA No. 9262 filed and being heard before RTC Branch 34,
Balaoan, La Union, ANALIZA C. VELASCO, appeared representing
to be the legal representative (ATTORNEY-IN-FACT) of the private
complainant in the said criminal case, by virtue of a SPECIAL
POWER OF ATTORNEY, dated April 28, 2017 and alleged to have been
executed in her favor by the principal, MARILYN R. ORIENTE,
who was shown therein to have affixed her signature over her printed
name appearing on the same document and was signed with conformity by
the Attorney-in-Fact, ANALIZA C. VELASCO and the same
document was subscribed and sworn to before Atty. Jocelyn Ocasion, on
the same date;

(A copy of the Special Power of Attorney alleged to have been

executed by Marilyn R. Oriente in favor of Analiza C. Valdez, her
Attorney-in-Fact is herein attached as Annexes “C” & “C-1”).

7. On February 27, 2018, MARILYN R. ORIENTE appeared personally

and filed before the PNP - Internal Affairs Service (Region 1), San
Fernando City, La Union a complaint against herein complainant,
ELPIDIO V. OJASCASTRO, JR., evidenced by a complaint Sheet
duly filled-up personally by the complainant therein; and by her own
hand signed the same over her printed name on page 2 of the same
document and as subscribed and sworn to before Atty. Allan Joseph B.
Andrada, Chief, Prosecution Division, PNP RIAS 1, San Fernando City,
La Union;

(A copy of the Complaint Sheet as filled up and filed by the

complainant, Marilyn R. Oriente is herein attached as Annexes “D”,
“D-1” and “D-1a” & “D-1b”, bearing both sample of the
complainant’s habitual penmanship/handwriting and signature,
respectively).

Complaint Affidavit of Josefina Q. Viloria et al. ; re: Violation of Art. No. 172 in relation
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8. A visual comparison of the signatures with reference to the
penmanship/handwriting of the accused MARILYN R. ORIENTE
reveals the following observations to wit:

a) There is a material difference between the signatures in

Annexes A and C with the signature in Annex B and
similarly in relation to the handwriting/penmanship of the
accused in Annexes B and D;

b) The variation appears to be due to the operation of a different

personality and not merely an expected and inevitable
variation found in the genuine signature and handwriting of
the same writer as in Annexes B and D;

Moreover, the signature and the penmanship/handwriting of Marilyn

R. Oriente in Annexes B and D appears to be her genuine signature and
penmanship/handwriting based on the premise that she was the one who
personally filled up and filed those two (2) documents before the
concerned offices, first before the Office of the Provinicial Prosecutor,
La Union and the second before the PNP-RIAS 1, San Fernando City,
La Union.

9. The foregoing observations based on the comparison of the signatures

and with reference to the penmanship/handwriting of Marilyn R.
Oriente leads to no other logical conclusion but, that the signature of
Marilyn R. Oriente on page 4 of Annex “A” particularly in “A-3” of her
Complaint Affidavit and the signature of the principal, Marilyn Oriente
in the Special Power of Attorney executed in favor of Analiza
C.Valdez are not the usual and habitual signature of Marilyn R.
Oriente, thus rendering subject documents invalid, falsified and could not
be used in evidence in any proceeding and could not be the basis of Analiza
C. Valdez’s authority for her to represent Marilyn R. Oriente, as her
Attorney-in-fact.

10. Moreover, it appears also from the foregoing that the signature of
Marilyn R. Oriente in her complaint affidavit was signed by a person
other than Marilyn R. Oriente, who herself knew of the same as
evidenced by her use of the same document as basis in filing her
complaints (before the Office of the Provincial Prosecutor, La
Union and the office of the PNP - RIAS, San Fernando City, La
Union) against Elpidio V. Ojascastro, thus whoever is the
perpetrator, caused it to appear that Marilyn R. Oriente signed
the complaint affidavit, where in truth and in fact, she did not; or even
arguendo, that it was Marilyn R. Oriente, who authorized the
affixing of her signature by another person, the result is the same, she
is liable as a principal by inducement, thus equally liable as the direct
perpetrator or the author of the act of falsification;

Complaint Affidavit of Josefina Q. Viloria et al. ; re: Violation of Art. No. 172 in relation
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11. Considering that Respondent Marilyn R. Oriente is the person who
stood to benefit by the falsification of the documents in question, it can
also be presumed that she is the material author of the falsifications in
line with the rulings of the Supreme Court (Nieva vs. PP, 503 SCRA
114).
Stated differently, since Respondent had in her possession a falsified
document and which she subsequently used in the filing of her
complaint against therein accused, Elpidio V. Ojascastro, Jr., first,
before the Office of the Provincial Prosecutor (February 20, 2018)
and subsequently, before the PNP-RIAS 1 (February 27, 2018), the clear
presumption is that she is the material author of the falsification and
therefore, should be held liable for violating Article 172 paragraph 1,
section 1, and paragraph 2 relative to falsification by private
individuals and use of falsified document in relation to Article 171
paragraph 1, nos. 1 and 2 of the Revised Penal Code;

12. Also, since Respondent Analiza C. Valdez actually used the Special
Power of Attorney allegedly executed by Marilyn R. Oriente in
presenting herself as the ATTORNEY-IN-FACT of Marilyn R.
Oriente during the Arraingment and Pre-trial of herein complainant,
ELPIDIO V. OJASCASTRO, JR. is also the presumed author of the
invalid and falsified Special Power of Attorney, thus the respondent
should also be held liable for violating Article 172 paragraph 1, section 1,
and paragraph 2 relative to falsification by private individuals and use of
falsified documents in relation to Article 171 paragraph 1, nos. 1
and 2 of the Revised Penal Code;

13. Everything considered, there is definitely probable cause to warrant

prosecution of Respondents, MARILYN R. ORIENTE and
ANALIZZA C. VALDEZ of violation of Article 172 paragraph 1,
section 1, and paragraph 2 relative to falsification of a public document by
private individuals and use of falsified documents, respectively in
relation to Article 171 paragraph 1, nos. 1 and 2 of the Revised Penal
Code.

AFFIANT FURTHER SAYETH NAUGHT.

IN WITNESS WHEREOF, I have hereunto set my hand this ___day of

_______________________, 2018, ___________________, La Union.

ELPIDIO VALDEZ OJASCASTRO, JR.

Complainant / Affiant
(PNP NCO ID No. 158260370)

SUBSCRIBED AND SWORN TO before me, this ____ day of

________________, 2018 at ____________________, La Union by the
affiant who personally appeared and showed to me his identification

Complaint Affidavit of Josefina Q. Viloria et al. ; re: Violation of Art. No. 172 in relation
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document as entered under his name and declared to me that he voluntarily
and freely executed and understood his statements herein.

I FURTHER CERTIFY that I have personally examined the herein

affiant and that I am satisfied and convinced that this is his free and
voluntary act and deed.

__________________________
Asst. Provincial Prosecutor

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