Republic of the Philippines)

Talisay City…………………..) S. C.

COMPLAINT-AFFIDAVIT

1. I, JIMARIE VILLAMOR BAUTISTA, of legal age, in a common

law relationship, Filipino, and a resident of Upper Calajoan, Minglanilla,
Cebu, Philippines, after having been duly sworn to in accordance with
law, hereby depose and state that;

2. I am the private complainant in this case for LESS PHYSICAL

INJURIES against respondents;

3. I know all the respondents: Elna, Rhea, and Ira all surnamed Dela
Calzada, April Balwarte, Mary Joy Abaquita, and Aika Jane Paalisbo
whose present residential address is at Upper Calajoan, Minglanilla,
Cebu, Philippines;

4. The following is my narration of the facts of what transpired on June

25, 2016:

a. On June 25, 2016 at about 3:30 in the afternoon , when I got

home after rendering manicure and pedicure services to my
customers, the three siblings namely, Elna, Rhea, and Ira all
surnamed Dela Calzada came to our house as I was ascending
the ladder;
b. When they neared our gate, Elna shouted in the vernacular:
“Oi, yawa na inahan, inatay, ngano diri man kamo nagpuyo
mga buanga mo”;
c. I ignored what she said, and they walked away yelling words,
which only the word “yawa” was comprehensible;
d. Baffled of what was the cause of their aggressiveness, I
followed them;
e. When they neared the small store owned by their aunt, I called
Elna and asked her: “Elna bakit ka ba nagagalit sa akin, anong
ginawa ko sa iyo?” (Elna, why are you angry with me, what
have I done to you?)
f. She answered: “Ngano man kay dili tinuod? Kay yawa ka naman
gyud na inahan. Inatay! Ngano diri man mo nagpuyo mga
 buanga mo! Bakit di mo alam ang ginawa ng asawa mo?” (Why,
is it not true? You are an evil mother. Why did you live here,
you are crazy! Why did you not know what your husband has
done?)
g. I asked her: “Ano ba ginawa ng asawa ko? Kung may ginawa
ang asawa ko ipakulong ninyo, hindi ako natatakot”. (What did
my husband do? If he has done anything, have him jailed. I am
not afraid)
h. At that time, I have still no idea of the events that transpired
between her siblings and my eldest child and that of my
husband;
i. On the other hand, Rhea called their friends, April Balwarte,
Mary Joy Abaquita, and Aika Jane Paalisbo, to join them in the
store;
j. And then, While I was talking to Elna, she then
unceremoniously grasp a clump of soil with pebbles and threw it
on my face;
k. Since it was so sudden and unexpected, I was caught unaware
and it landed on the left-side of my face;
l. To pacify her, I lightly tapped her face and told her again that:
“Kung may kasalanan ang asawa ko ipakulong ninyo!”
m. Then suddenly, Rhea, the oldest of the siblings, hit my face with
a very large and thick book;
n. And then the siblings together with their three friends mauled
me and took turns in hitting me and grabbing my hair;
o. I tried to fight back to defend myself;
p. And then a certain “Nening” and “Fely” came between us and
stopped us;

5. Right after the incident, on the same date, I immediately went to a

doctor to be physically examined for the injuries I sustained and to be
given the needed medical attention and treatment. Attached herewith
as Annex A is the Medical Certificate issued by Dr. Vatanagul of
Minglanilla District Hospital. I was advised to have a citi scan of my
head inasmuch as I was vomiting profusely due to the hitting of my
head by the book. But since, the citi scan cost P3,500, which I cannot
afford, I was not able to have the procedure;

6. In order to give respondents due process, I filed a complaint first

before Barangay Calajoan, Minglanilla, Cebu, a copy of the complaint
 before the barangay is attached herewith as Annex B. The barangay
officials tried to reconcile us and called us four times. A barangay
summon was issued on June 27, 2016 asking the parties to appear on
June 29, 2016 before the Lupon ng Tagapamayapa, the Barangay
Summon is hereby attached as Annex C. On June 29, 2016, the
respondents failed to appear as evidenced by the barangay’s Record
of Mediation Proceeding attached herein as Annex D. On June 29,
2016, the barangay issued a second summon which directed the
parties to appear before the Lupon on July 4, 2016, copy of the
summon is herein attached as Annex E. Again the respondents failed
to appear as evidenced by the barangay’s Record of Mediation Report,
a copy of which is herein attached as Annex F. The third summon
was issued on July 8, 2016 directing the parties to appear July 18,
2016 attached is a copy of the said summon mark as Annex G. On
the fourth time, there was no summons issued because the
respondents were personally fetched by the barangay tanods.

7. Since the barangay conciliation failed, I was issued a Certificate to File

Action attached herewith as Annex H;

8. Because of the injuries I sustained, I was incapacitated for nine (9)

days;

9. I HAVE NO OTHER RECOURSE BUT TO LODGE THE INSTANT

CRIMINAL COMPLAINT AGAINST RESPONDENTS;

10. That I am executing this complaint-affidavit for the purpose of filing a

criminal complaint for Less Serious Physical and/or any

violation of the Revised Penal Code as the circumstances

may warrant against the respondents;

IN WITNESS WHEREOF, I have hereunto affix my signature this 15 th day

of August 2016 at Talisay City, Cebu, Philippines.

JIMARIE VILLAMOR BAUTISTA

Complainant-Affiant
 SUBSCRIBED AND SWORN to before me this ___ day of August 2016
at Cebu City, Cebu Philippines. I hereby certify that I have personally examined
the private complainant-affiant and that I am fully satisfied that he executed this
complaint-affidavit freely and voluntarily and understood all the contents herein.