REPUBLIC OF THE PHILIPPINES)

PROVINCE OF DAVAO DEL SUR ) S.S.

X---------------------X

AFFIDAVIT-COMPLAINT
I, ALEXIS M. JAVIER, of legal age, single, Filipino, and a
resident of Catalunan Grande, Davao City, Philippines, after having
been duly sworn to in accordance with law, do hereby depose and
state that:

1. I am voluntarily executing this Affidavit in order to formally

file a criminal complaint for MALICIOUS MISCHIEF under
Art. 327 of the Revised Penal Code against Respondent
VERGEL G. PASPAS, who may be served with notices,
orders and processes at his residence at Catalunan Grande,
Davao City, Philippines;

2. The Respondent wilfully, unlawfully, feloniously, and

without any lawful authority, caused damage to my property
as established in the facts that follow:

2.1 I am the registered owner of a parcel of land situated

in Catalunan Grande, Davao City, Philippines,
covered by Transfer Certificate of Title (TCT) No. 123-
4567890 attached herein as Annex A;

2.2 The above-mentioned parcel of land has been used

for agricultural purposes with fruit bearing trees
planted therein;

2.3 The Respondent is the owner of an adjacent parcel of

land also used for farming, as well as grazing field for
his farm animals;

2.4 On July 25, 2021 at 7 in the morning, I had an

altercation with the Respondent because he accused
me of causing damage on the fence separating our
lots;

2.5 At 1 o’clock in the afternoon of even date, I was

tending to my garden in my backyard, I heard a voice
later on I found to be ENGLATERA LORENZO
shouting Amega ang imuhang mangga gina-kaon sa baka!
(Friend, your mangoes are being eaten by a cow!). A
copy of ENGLATERA LORENZO’s Affidavit of
Witness is hereto attached as ANNEX “B”;
 2.6 Thereafter, I rushed to my mango farm and saw one
of my three year old trees destroyed by the cow with
Respondent already tying the cow and leading it back
to his property;

2.7 I then confronted Respondent and said Nganong

gibuy-an man nimo na diri? Dili na man ni imuhang
propriyedad. (Why did you let it[cow] loose here? This
isn’t part of your property);

2.8 Respondent retorted Kung wala nimo giguba ang koral,

dili unta ni muadto nimo. (If only you did not destroy
the fence, it[cow] would not have gone to your side.),
after which, Respondent and his cow left the scene of
the crime;

2.9 I immediately took pictures of the damage to my

property, copies of which are attached as ANNEX
“C” series;

2.10 Immediately thereafter, at around 2:30 in the

afternoon, I went to the Police Station to cause the
recording of the events in a police blotter. A copy of
the Certification of Police Blotter is hereto attached as
ANNEX “D”

2.11 The next day, July 26, 2021 went to the Barangay Hall
to complain and relayed everything to Barangay
Captain CHRISTIAN HARVEY WONG, which
organized for a barangay conciliation and mediation
over the case. A copy of Barangay Captain
CHRISTIAN HARVEY WONG’s Affidavit of
Witness is attached as ANNEX “E”;

2.12 The Barangay Conciliation and Mediation was set for

three (3) meetings dated July 29, August 2, and
August 5, 2021, wherein the Respondent refused to
appear;

2.13 The Barangay Captain then issued a Certificate to File

Action in my favor. A copy of the Certificate is hereto
attached as ANNEX “F”;

2.14 Hence, the filing of this Affidavit Complaint;

3. The elements of the crime of malicious mischief under Article

327 of the Revised Penal Code are:

(1) That the offender deliberately caused damage to the

property of another;

Affidavit Complaint | Javier vs Paspas | 2

 (2) That such act does not constitute arson or other crimes
involving destruction;

(3) That the act of damaging another's property be

committed merely for the sake of damaging it; 1

4. First, the destruction of my fence by the Respondent was

clearly deliberate as may be seen in the circumstances that
have led to the destruction, and proof of occurrence can be
seen in the photos attached herewith;

5. Second, his act of destroying my fence and subsequent

deliberate leading of his cow into my property to cause the
destruction of my harvest crops do not constitute arson or
other crimes involving destruction;

6. Lastly, when he destroyed my fence, the Respondent was just

giving vent to his anger and hate as a result of heated
disagreement involving the subject property among us. Thus,
the Respondent should be held liable for the crime charged;
and

7. I am executing this Affidavit Complaint in order to hold the

Respondent criminally and civilly liable for the crimes he
committed, to inform the authorities, and to attest to the
truthfulness of the foregoing facts.

IN WITNESS WHEREOF, we have hereunto set our hands this

August 25, 2021 in Davao City, Davao Philippines.

Affiant:

ALEXIS M. JAVIER
UMID No. 472351

SUBSCRIBED AND SWORN TO before me this August 25,

2021 in Davao City, Philippines. I hereby certify that I have personally
examined the affiant and that I am fully convinced and satisfied that
they voluntarily executed and fully understood this affidavit.

Nam Joon
Public Prosecutor
MCLE COMPLIANCE NO. VI-009421/03-25-2021

1 TAGUINOD v. PEOPLE, G.R. No. 185833, October 12, 2011.

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