Republic of the Philippines

Department of Justice
NATIONAL PROSECUTION SERVICE
Office of the Provincial Prosecutor
Agusan Del Sur

KATHRYN BERNARDO
Complainant, NPS Docket No.________
For:Falsification of Private
-versus- Document

DANIEL PADILLA
Respondent.
x----------------------------------------x

COMPLAINT AFFIDAVIT
COMES NOW, the undersigned private complainant and unto this
Honorable Office, respectfully avers:

BRIEF STATEMENT OF FACTS

1. That the herein private complainant Kathryn Bernardo, is of legal age,

married, and a resident of Agusan Del Sur, where she can be served
with notices and other processes of this Honorable Office;
2. That the respondent herein is Daniel Padilla, of legal age and with
residence address at Agusan Del Sur, where he can be served with
summons and other notices;
3. That herein complainant and respondent are among the co-heirs to
Robin and Carla Padilla over a parcel of land, designated as Lot No.
98, Csd 676 covered by Original Certificate of Title No. 1234 situated
at Agusan Del Sur. Attached herewith is a copy of the said Certificate
of Title and marked as Annex “A” and made as an integral part
hereof;
4. That sometimes in 2010, the herein complainant, together with other
heirs, by virtue of Special Power of Attorney, authorized the
respondent to sell and convey the subject property. But on 2021, the
petitioner revoked such authorization. Copy of the Special Power of
Attorney and the Notarized Revocation of Special Power of Attorney
 is hereby attached as Annexes “B” and “C”, and made as an integral
part thereof.
5. That sometime on June 30, 2022, the herein respondent, knowing
fully well that she has no more authority, deliberately falsified a
document, one SPECIAL POWER OF ATTORNEY by making it
appear that the petitioner fully authorized the respondent to SELL,
TRANSFER and CONVEY the above-mentioned property under the
terms and condition and price as the respondent may deemed fit,
where in truth and in fact, the complainant did not so authorize the
respondent, specifically that the authority of the respondent has been
revoked by the petitioner. Copy of the falsified SPECIAL POWER
OF ATTORNEY in favor the respondent is hereby attached as Annex
“C”, and made as an integral part hereof;
6. That upon inquiry, it was found out by the complainant that the
Notary Public, Atty. Rommel Lopez manifested that the signature in
the falsified Special Power of Attorney is not his signature. And upon
investigation of the Office of Clerk of Court of the Regional Trial
Court of Catarman, it was found out that the same falsified document
did not reflect in the Book of Notarial Register of Atty. Lopez. Copy
of the certification of the Clerk of Court to that effect is hereby
attached as Annex “D”, and made as an integral part thereof;
7. That while in possession of such falsified document, with intent to
defraud and with evident bad faith, the respondent sold a portion of
the property covered by OCT. No. 16301, containing an area of
SEVENTY-SIX (76) SQUARE METERS to a certain Andrea
Brillantes, for a consideration amounting to ONE HUNDRED
FOURTEEN THOUSAN PESOS (PHP 114,000.00). Copy of the
acknowledgement receipt signed by the vendee Andrea Brillantes is
herein attached as Annex “E”, and made as an integral part hereof;
8. That upon receipt of the consideration thereof, the respondent
misappropriated the amount to her own personal benefit to the
damaged and prejudice of the heirs mentioned above including the
complainant;
9. That the complainant, in the hopes of resolving the case between
family members, earnest efforts have been made by confronting the
 respondent and tried to settle the matter amicably yet the respondent
refused;
10.That the complainant sought the intervention of the barangay
authorities in Barangay West, Agusan Del Sur, which effort was
proved futile. Attached herein are the copies of Summon and the
Return of Service marked as Annexes “F” and “G”, and made as an
integral part hereof;

LEGAL JUSTIFICATIONS

11. That the abovementioned acts of the respondent clearly constitute the
crime of Falsification of Private Document, committed by Falsifying
the signature of the complainant and making it appear that the
complainant participated in or authorized the respondent to sell land
when in truth in fact no such authorization was made;
12.That under Article 172, in relation to Article 171 of the Revised Penal
Code, as amended1, it shall be unlawful for any private individual to
falsify or use falsified documents. The pertinent provisions of the law
are hereby quoted as follows:
“ART. 172. Falsification by private individual and use of
falsified documents. -The penalty of prision correccional in
its medium and maximum periods, and a fine of not more
than One Million Pesos (P1,000,000.00) shall be imposed
upon:
1. x x x ;
2. Any person who, to the damage of a third party, or
with the intent to cause such damage, shall in any
private document commit any of the acts of
falsification enumerated in the next preceding
article;

xxx

“ART. 171. Falsification by public officer, employee or notary

or ecclesiastical minister. x x x shall falsify a document by
committing any of the following acts:
1
Repuclic Act No. 10951. An Act adjusting the amount or the value of property and damage on which the
penalty is based, and the Fines imposed under the Revise Penal Code, Amending for the purpose Act No.
3815, otherwise known as “The Revised Penal Code”.
 1. Counterfeiting or imitating any handwriting,
signature or rubric;
2. Causing it to appear that the persons have
participated in any act or proceeding when they did
not in fact so participate.”
13.That under the Revised Rules on Evidence and based on established
jurisprudence, an private document is considered public document if
duly and legally acknowledged before a notary public and that since
the falsified special power of attorney in this case is not
acknowledged before the notary public and in fact it is illegally
procured, then it shall be considered only as a private document for
purposes of filing falsification under article 172 of the Revised Penal
Code;
14. That upon consummation of the crime of falsification, the herein
respondent used such falsified document to defraud the complainant
by selling a portion of the property, without proper authority from the
other heirs and the complainant;
15.That while in possession of such falsified special power of attorney,
with intent to defraud, misrepresented that she has authority or power
of agency and sold a portion of the subject property to a certain
Andrea Brillantes in the amount of P114,000.00 and which amount
was appropriated and converted to her personal use;
16. That as consequences thereof, the other heirs, including the
complainant, suffered in same amount;
17.That the Supreme Court in the case of Batulanon v. People2,
enumerated the elements of Falsification of Private Document under
Article 172 (2) as follows:
“The elements of falsification of private documents under
Article 172, paragraph 2 of the Revised Penal Code are: (1)
that the offender committed any of the acts of falsification;
except those in paragraph 7, Article 171; (2) that the
falsification was committed in any private document; and (3)
that the falsification caused damage to a third party, or at

2
G. R. No. 139857, September 15, 2006
 least the falsification was committed with intent to cause such
damage.”;
18. That based on the foregoing facts, all the elements of the crime
Falsification of Private Document are present and was committed by
the respondent considering that the respondent falsified the SPA,
which is private document and sold portion of the property using the
falsified SPA which causes damages to the complainant and other
heirs, in the amount of P114,00.00;
19.That considering that the penalty under the Revised Penal code, as
amended, for Falsification of Public Document, is Prision
Correccional in its medium and maximum period, making it under the
jurisdiction of this Honorable Office, for the conduct of the
Preliminary Investigation;
20.That it is generally accepted principle that whoever in possession of a
falsified document is presumed to be the author of the falsification
thereof which is presumed to have intent to cause damages;
21. That the private complainant as a consequences of the respondent’s
fraudulent act, suffered actual damages in the amount of P114,000.00
representing the amount of the portion of the land sold by the
respondent and that the complainant suffered serious anxiety and
sleepless nights;
22. That the complainant was forced to hire the services of a counsel to
fully protect their rights and that the malevolent, wanton and
oppressive manner of defrauding the complainant by the respondent
deserves to be punished.

PRAYER

Wherefore, premises considered, it is respectfully prayed for this

Honorable Office to issue resolution finding probable cause to engender a
well- founded belief that the crime has been committed and the respondent is
probably guilty thereof, and should be held for trial, and specifically, issue
orders, to wit:

1. Finding Probable Cause to file a case of Falsification of Private

Document under Article 172 (2), in relation to Article 171 (1) or
(2) of the Revised Penal Code;
 2. For the respondent to pay the private complainant the amount of
P114,000 representing the value of the illegally sold property;
3. For the respondent to pay the private complainant moral damages
in the amount of P50,000.00;
4. For the respondent to pay the private complainant the amount of
P50,000.00 as exemplary damages;
5. Pay the private complainant Attorney’s fees and expenses for the
litigation in the amount of P100,000.00;
6. Other just and equitable reliefs under the premises are likewise
prayed for.

Agusan Del Sur. December 11, 2023.

IN WITNESS WHEREOF, I hereunto set my hand below

this________________ at Agusan Del Sur.

KATHRYN BERNARDO
Affiant

SUBSCRIBED AND SWORN TO before me, a Notary Public for this

__________________ at Agusan Del Sur.

Doc No.____;
Page No.____;
Book No.____;
Series of 2023.

WITNESSES
1. Kathryn Bernardo
2. Reserve at least two witnesses

EXHIBITS
1. Annex “A” - Certificate of Title No. 16301
2. Annex “B” – Notarized Special Power of Attorney To Sell Land
3. Annex “C” – Notarized Revocation of Special Power of Attorney
4. Annex “D” – Falsified Special Power of Attorney
5. Annex “E” – Certification of the Clerk of Court
6. Annex “F” – Acknowledgment Receipt
7. Annex “G”- Summon
8. Annex “H”- Return of Service
9. Reserve at least three exhibits