Republic of the Philippines)

City of Zamboanga ) s.s.

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

AFFIDAVIT OF COMPLAINT

We, Spouses Alexander R. Micubo and Melba B. Atienza, both of legal ages,
Filipinos, with residential address at Lantawan, Pasonanca, Zamboanga City, after having
been sworn to, in accordance with law, do hereby depose and state:

1. That the respondent of this complaint is Jennilie M. Resurrection, sister of Alexander

R. Micubo, to whom the subpoena may be issued and with residential address at
Logoy Grande, Talon-Talon, Zamboanga City, where the same may be served.

2. That we are the parents of Alex Denniel Atienza Micubo a.k.a. Den- Den who was
born on May 05, 2005 at Talon-Talon, Zamboanga City. This is evidenced by
Certificate of Live Birth as hereto attached as Annex “A.”

3. That as of the year 2020 when these incidents were happened, Alex Denniel A.
Micubo is still a minor as he is still fifteen years (15) of age;

4. That prior August 23, 2020, I, Alexander R. Micubo scolded my son, Alex Denniel A.
Micubo, because he entered the house of our neighbor and got some flower plants
without permission from the owner. Secondly, I just wanted him to have his haircut
but he did not obey to me. Lastly, he stealthily drove my motorcycle twice on the
road because he knew I would not allow him to drive since he does not have a driver
license;
5. That on 23 August 2020, Alex Denniel A. Micubo left our house at Lantawan,
Pasonanca and went to the house of his Aunt Jennilie M. Resurrection, sister of
Alexander R. Micubo, at Logoy Grande, Talon-Talon, Zamboanga City;

6. That on 8 October 2020, I, Alexander R. Micubo, texted to my Manang, Jennilie M.

Resurrection, to bring Den-Den to our house at Lantawan, Pasonanca, because he
has already his class. Then, she, Jennilie M. Resurrection, replied to me that “Jo,
Alexander R. Micubo, kamo ya man anda saka kynyl bata” which means that “we are
the one to pick up our son”. The hard copies of our conversations are hereto
attached as Annexes “B-1” and “B-2”.

7. That right after, we went to the house of my sister, Jennilie Resurrection, at Logoy
Grande, Talon-Talon, Zamboanga City to pick up my son but the latter did not open
their gate and neither anyone entertained to us.

8. That these things prompted to me, Alexander R. Micubo, to blotter the incident
before Zamboanga City Police Station 7 (ZCPS7) at Barangay Sta Maria, reporting
thereat that my son, Alex Denniel A. Micubo, 15 years of age allegedly left our house
after I scolded him and went to his Aunties ‘s house at Logoy Grande, Talon-Talon,
Zamboanga City. The copy of Blotter Report No. 099809-202010-0355 is hereto
attached as Annex “C”.

9. That, I, Alexander R. Micubo, brought this action before the Office of the Barangay
Captain of Talon-Talon, Zamboanga City on October 17, 2020. Thereat, on the
series of sessions, the officers of City Social Worker and Development named Ms.
Marilyn P. Jose, Ms. Nanie Varela and Mr. Ernesto Berba recommended to both
parties that Alex Denniel A. Micubo be given two weeks to stay with his Aunt,
 Jennilie Resurrection, in order for the latter to convince the former to go home to our
house at Lantawan Pasonanca and to live with us. This is supported by Minutes of
Mediation issued on December 15, 2020 at Barangay Talon-Talon, Zammboanga
City as hereto attached as Annex “D”.

10. That we, the parents, and Jennilie Resurrection adopted the recommendation , and
the custody of our son, Alex Denniele A. Micubo, entrusted to his Aunt, Jennilie
Resurrection, on the premise that she would obey such conditions. However, Jennilie
Resurrection did not comply with such conditions instead she is still having the
custody of our son and is deliberately refusing to return him in our custody.

11. That being the parents, we have the rightful custody over our minor son. But despite
repeated demands, She, Jennilie Resurrection, still failed and refused to return our
minor son. That being only the paternal aunt of Alex Denniele A. Micubo has no right
to have with her the custody of our minor son.

12. That the Certificate to File Action was issued to us by the Barangay Chairman,
Casmiro O. Candido, on the ground of failure to reach an amicable settlement
between the parties. The copy of such Certificate is hereto attached as Annex “E”.

13. That, we, the undersigned executed this affidavit to attest the truthfulness of the
foregoing facts and to support the filing of Criminal Case against Jennilie
Resurrection for Alleged Kidnapping Failure to Return a Minor under Article 270 of
the Revised Penal Code and for whatever incidental and reasonable damages.

IN WITNESS WHEREOF, I have hereby set my hand this _____ day of _________,
2021, at the City of Zamboanga, Philippines.
 Alexander R. Micubo Melba B. Atienza
Affiant Affiant

SUBSCRIBED AND SWORN to before me this ___ day of _______ at

_______________. I HEREBY CERTIFY that I have personally examined the herein
offended party and I am satisfied that they voluntarily executed and understood their given
affidavit.

CERTIFICATION

I hereby certify that I have personally examined the above-named affiants, Alexander
R. Micubo and Melba B. Atienza, and that I am convinced that they have read and fully
understood the contents of the foregoing Affidavit and that they executed the same freely
and voluntarily.