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Republic of the Philippines)

City of Davao )S.s.


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AFFIDAVIT - COMPLAINT

I, Nicanor S. Pedrico, 51 years old, (DOB: November 15, 1971), married, male, Filipino,
Purok 6 UST compound unit 4 barangay sta. cruz bago gallera, Davao City after having been
duly sworn to, in accordance with the law, do hereby depose and says, THAT:

1. I am the same and identical person who executed this instrument to lodge a formal
complaint against MARC JASON COMAIS;

2. The respondent may be served with notices, orders and other processes through her
residence at Sitio cawa catalunan grande Davao City

I am the owner/holder of Facebook account “Nichkie Ocirdep Benales” under URL:


https://www.facebook.com/nicanor.pedrico?mibextid=ZbWKwLhttps://www.facebook.com/nicanor.pedrico?
mibextid=ZbWKwL (attached and marked as Annex “A”)

3. The respondent Marc Jason Comais is the owner/holder of the Facebook account
“Marc KO” under
URL:https://www.facebook.com/marcjason26?mibextid=ZbWKwL (attached and
marked as Annex “B”)

4. Before this incident, we have known each other as customer and supplier personally
together we exchanged conversation, since we do have transaction and purchases of
stocks in catalunan grande(MANUKANG BAYAN) Davao City. I confidently say that
the Facebook account “Marc KO” is the respondent’s official account;

5. On March 2, 2023, Marc Jason Comais thru his Facebook account ”marc KO” at
around 6:23 AM ask for collection of my balance 8,821.00 if I will not settle the payment
he threat me posting my face in Facebook page and on March 8, 2023 I made a payment
amounting 5,000.00 carried by rider “Glen Manlangit” and from that computation I only
have balance amount 3,821.00

6. On March 9, 2023 at around 10:00 AM, when I browsed his Facebook account ”marc
KO” was mentioned me a malicious and degrading public post against my rights and
dignity as a man human being; (attached and marked as Annex “D”)

7. I was in deep trouble and ashamed which prompted me to browse the respondent’s
Facebook account “marc KO” and saw it personally his malicious and degrading public
post;

8. After reading his malign and untrue statement I ascertained that behind the above-
mentioned post was done entirely by “Marc Jason Comais” using her official Facebook
account, which I then generated a screenshot for my future references;
9. On March 10, 2023 at around 11:30 AM, I went to the Davao City Police Cyber
Response Team-Regional Anti-Cyber Crime Unit XI, WCPD Bldg. CM Recto, Davao
City to record the incident, seek investigative assistance, and to assist in filing of
appropriate criminal charges against the respondent if warrant; (attached and marked as
Annex “G”)
10. At around 8:09 PM of March 10, 2023, out of dismay and desperation I confronted the
respondent but resulted to arguments; (attached and marked as Annex “E4-E5”)

11. Sometime on March 18, 2023 at around 8:48 PM, my Employee Christian Jay Donato
using his official Facebook account “Jay Cristian Donato” underURL
https://www.facebook.com/profile.php?id=100089262682808&mibextid= personally
informed me that I was posted maliciously together with my photos by the respondent
which gather hundreds of malicious comments from her friends and mutual friends;
(attached and marked as Annex “F”)

12. Due to the afore-quoted excerpt of online post authored and published by the respondent
it cast aspersion in the readers’ minds that I am an immoral man, I felt DISTRESSED,
EMBARRASSED, and ANGRY which resulted of having a sleepless night and suffered
severe anxiety which consciously destroy my reputation, integrity, and character as a man
human being.

13. I am executing this affidavit of complaint in order to apprise the proper authorities
concerned of the truth of the foregoing facts and to file a formal complaint for violation
of Sec. 4, (c), 4 of RA 10175 also known as “CYBERCRIME PREVENTION ACT
OF 2012”, committed by, through and with the use of information and
communications technologies (ICT) against Marc Jason Comais and other violation
that the Prosecutor may see fit.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 23th day of March 2023
at Davao City, Philippines.

Nicanor S. Pedrico
Affiant
ID Presented: Drivers License number L02-93-089109
Contact Number: 09195175545

SUBSCRIBED AND SWORN to before me this _23th day of March 2023, Davao City,
Philippines and I HEREBY CERTIFY that I have personally examined the affiant and I am satisfied
that he voluntarily executed and understood his affidavit of complaint.

PMAJ JULIUS P
SANTILLANA
___________________________
Deputy Chief, RACU
Administering XI
Officer

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