Republic of the Phililippines )

CITY OF VALENZUELA )S.S.

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

COMPLAINT-AFFIDAVIT

I, BENJAMIN CO TAN, of legal age, a naturalized Filipino

and a resident of #90 Quirino Higway, Bato-Bato, Quezon City,
after having been sworn in accordance with law, hereby depose
and say that:

1. I am filing this instant complaint for two (2) counts of

Violation of Article 347 of the Revised Penal Code of the
Philippines (Simulation of birth) and two (2) counts of
Violation of Article 172 of the Revised Penal Code of the
Philippines against LILIA CO TAN and DORY CO TAN;

2. Respondent LILIA CO TAN (Respondent Lilia, for brevity)

is of legal age, naturalized Filipino, and a resident of No. 59
Gen. Malvar St., Arty Subdivision, Valenzuela City;

3. Respondent DORY CO TAN (Respondent Dory, for brevity)

is the mother of Mon Jeramil Co Tan and Marc Jethromar
Co Tan, a Chinese citizen and a resident of 1111 Ricky St.,
cor. Bambi St., Tanada Subdivision, Gen. T. De Leon,
Valenzuela City;

4. Respondent DORY gave birth to Mon Jeramil Co Tan and

Marc Jethromar Co Tan on November 27, 1990 and
September 16, 1995 respectively;

5. Since Respondent DORY is permanently living in the

Philippines but not yet a naturalized Filipino, she wanted
her children to acquire Filipino citizenship upon their birth;

6. For Respondent DORY to make his children Filipino citizens,

she requested her sister, Respondent LILIA to register Mon
Jeramil and Marc Jethromar to be the latter’s biological
children before the Civil Registry of Valenzuela City;

7. The Certificate of Live Birth of Mon Jeramil was applied for

registration by Respondent LILIA on December 26, 1990
while the Certificate of Live Birth of Marc Jethromar was
applied for registration on January 9, 1996 by Respondent
LILIA declaring her as both children’s mother;
8. The Certificates of Live Birth of Mon Jeramil and Marc
Jethromar were registered with Local Civil Registry No.
9091533 and 95-103408 respectively;

9. From the time Mon Jeramil and Marc Jethromar were born,
it is Respondent DORY who raised them and have provided
them their needs;

10. Respondent LILIA never treated Mon Jeramil and Marc

Jethromar as her own children;

11. As per advice given by counsel, any person who

simulates the birth of a child may face criminal liability
under Article 172 of the Revised Penal Code of the
Philippines and Falsification of Public Documents under
Articles 171 and 172 of the Revised Penal Code;

12. Article 347 of the Revised Penal Code provides:

“Art. 347. Simulation of births, substitution of one child for

another and concealment or abandonment of a legitimate
child. – The simulation of births and the substitution of one
child for another shall be punished by prison mayor and a
fine of not exceeding 1,000 pesos.

xxx.”

13. In addition, a birth certificate, being a public

document, serves as prima facie evidence of filiation. The
making of a false statement therein constitutes falsification
of a public document. (Anonymous vs. Emma Baldonado
Curamen, A.M. No. P-08-2549, June 18, 2010);

14. Applying this with the given situation as stated in the

preceding paragraphs, as per agreement by Respondent
DORY CO TAN and Respondent LILIA CO TAN initiated by
the former’s request, the latter made it appear that she is
the mother of Mon Jeramil and Marc Jethromar as reflected
in their respective birth certificates when in truth and in fact
the children’s mother is Respondent DORY. Copies of Mon
Jeramil and Marc Jethromar’s birth certificates
are hereby attached as Annex “A” and “B” respectively.

15. I am executing this Complaint-Affidavit to attest to the

truth of the foregoing, to support my complaint against
 Respondent LILIA CO TAN and Respondent DORY CO
TAN for two (2) counts of Violation of Article 347 of the
Revised Penal Code of the Philippines (Simulation of birth)
and two (2) counts of Violation of Article 172 of the Revised
Penal Code of the Philippines.

***bakit walang allegation or discussion paano alam ni Benjamin

na simulated lang ang birth?

IN WITNESS WHEREOF, I have hereunto set my hand this

_______________________ in Valenzuela City.

BENJAMIN CO TAN
Complainant-Affiant

SUBSCRIBED AND SWORN to before me this

____________________________ in Valenzuela City by the above-
named affiant. I hereby certify that I personally examined the
affiant and I am satisfied that he understood and voluntarily
executed the foregoing complaint-affidavit.