DEPARTMENT OF JUSTICE

NATIONAL PROSECUTION SERVICE

OFFICE OF THE PROVINCIAL PROSECUTOR
Cabanatuan City, Nueva Ecija

EDNA V. QUILON,
Complainant,

N.P.S. No. _____________

For: Trespass to Dwelling
-versus-
and Slight Physical Injuries

JOSEPHINE V. BULACAN,

Respondent.
x----------------------------------------------------x
COMPLAINT-AFFIDAVIT

I, EDNA V. QUILON, of legal age, married, Filipino, with residence

and postal address at Purok Daisy, Brgy. Rio Chico, General Tinio, Nueva
Ecija, after being duly sworn to in accordance with law depose and say:

1. That, I am filing this complaint against my sister, JOSEPHINE V.

BULACAN (Josephine) for violating Article 280 and 266 of the
Revised Penal Code for committing Trespass to Dwelling and Slight
Physical Injuries. Josephine can be served with summons and
notices at Sagingan, Brgy. Nazareth, General Tinio, Nueva Ecija;

2. That, on 29 April 2022, at around 5:30 in the afternoon, in Brgy. Rio

Chico, General Tinio, Nueva Ecija, and within the jurisdiction of this
Honorable Court, the respondent unlawfully and feloniously
attacked and assaulted me in my own domicile in Brgy. Rio Chico,
General Tinio, Nueva Ecija;

3. That, respondent, in an attempt to enter our house, forcefully

pushed our gate causing the said metal gate to fall over me.
Attached as Annex “A” and “A-1” are the images of our gate which
toppled over due to the felonious act of the respondent;

4. That, as a result thereof, I got bruises all over my body as

evidenced by the images herein which are marked as Annex “B”
and series;
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 5. That, when I was already down flat on the floor with part of the
gate on top of me, the respondent herein kicked me and hurled
invectives towards me, saying, “papatayin kita!”;

6. That, I momentarily lost consciousness as a result of the attack, but

the subsequent incidents were witnessed by our nephew, Laudemer
Vista. Attached herewith as Annex “C” is his sinumpaang salaysay
ng pag-testigo narrating the events that transpired on that day.

7. That, I underwent medical evaluation and was given a certification

showing that my wounds would require medical attention for 3-5
days. Attached herewith as Annex “D” is the said medical
certificate;

8. That, respondent’s act of forcibly entering our premises against our

will constitutes trespass to dwelling;

9. That, in trespass to dwelling, the following elements should be

present:

a) The offender is a private person

b) He enters the dwelling of another
c) Such entrance is against the latter’s will

10. In a case decided by the Supreme Court, it said:

The penalty provided by the Revised Penal Code for the

consummated offense of trespass to dwelling, if committed with
force, is prision correccional in its medium and maximum periods
and a fine not exceeding P1,000 (art. 280, par. 2);

11. In the case at bar, it is apparent that the respondent is a private

person who forcefully entered the dwelling of the complainant
herein against the latter’s will. Hence, this is a clear case of
Trespass to dwelling;

12. The injuries I sustained as a result of the battery I received from

the respondent constitutes slight physical injuries as stated by the
Supreme Court in this wise:

The law is clear that to be held liable for the crime of Slight
Physical Injuries, the offender must have inflicted physical injuries
to the offended party, and that the inflicted injuries incapacitated

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 the offended party for labor or would require him medical
assistance for nine (9) days or less.

13. An attempt to settle the issue was raised before the office of the
Punong Barangay of Rio Chico, but no favourable resolution was
arrived at, hence a certificate to file action was issued by the said
barangay. The same document is hereto attached and marked as
Annex “E”;

14. Clearly, Josephine’s forceful and unlawful act of entering my

premises without my consent and assaulting me thereon constitute
trespass to dwelling. The injuries she inflicted on me that required
at least 3-5 days of medical attention constitute the crime of slight
physical injuries.

AFFIANT FURTHER SAYETH NAUGHT.

Signed this 15th of June 2022 at General Tinio, Nueva Ecija.

EDNA V. QUILON
Affiant

SUBSCRIBED AND SWORN TO before me this________day of June,

2022 at Cabanatuan City, Nueva Ecija. I hereby certify that I have
personally examined the Affiant and that I am satisfied that affiant
voluntarily executed and understood his Complaint-Affidavit.

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