REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
National Prosecution Service
OFFICE OF THE PROVINCIAL PROSECUTOR
Province of Cavite
Bacoor City

GILBERT GO and
MARIA CONSUELO VILLAMOR,
Complainant,

I.S. NO.__________________

-versus- For: Libel under Article 353, in

relation to
Article 355, of the Revised Penal
Code and
other applicable offenses

MELANIE A. AVERGONZADO,
Respondent.

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JOINT COMPLAINT-AFFIDAVIT

We, Gilbert Go, of legal age, married, Filipino and a resident of Vicenza 3
Block 3 Lot 36 Citta Italia Subdivision Mambog 3, Bacoor, Cavite and Maria
Consuelo Villamor, of legal age, married, Filipino and a resident of Vicenza 2A
Block 2 Lot 21 Citta Italia Subdivision Mambog 3, Bacoor, Cavite, Philippines,
after having been sworn to in accordance with law do hereby depose and state:

1. That We are instituting this CRIMINAL COMPLAINT against

MELANIE A. AVERGONZADO, of legal age, married, Filipino and a resident
of Vicenza 2B Block 9 Lot 2 Citta Italia Subdivision, Mambog 3, Bacoor, Cavite,
Philippines for Libel as define and penalized under Article 353 in relation to
Article 355 of the Revised Code of the Philippines which states:

"Article 353. Definition of Libel. A Libel is public and malicious imputation

of crime, or of a vice or defect, real or imaginary, or any act, omission, condition,
status or circumstance tending to cause the dishonor, discredit or contempt of a
natural or Juridical Person or to blacken the memory of the one who is dead."

“Article 355. Libel means by Writings or similar means. - A Libel

committed by means of writing, printing, lithography, engraving, radio,
phonograph, painting, theatrical exhibition, cinematographic exhibition, or any
similar means, shall be punished.

2. That the acts complained were committed as follows:

a.) July 1, 2023 at around 6:46 pm at the Basketball Court of Phase 8 or

Vicenza 3 another General Assembly was called for by Melanie Avergonzado
who is the Respondent and the Outgoing President of the Homeowners
Association to conduct an another Election of New Set of Election Committee of
Citta Italia Homeowner’s Association of Phase 6, 7, 8, 14 and 15 after the failure
of Election last June 25, 2023 for the New Set of Board of Director for the Year
2023 due to Lack Of Quorum requirement issue.

b.) Immediately, right after they Elected the New Electoral Committee.
 Mrs. Marilyn Hizo who is a Homeowner stood up to make a question that
state " Meron lang akong gustong linawin bilang isang HOA dito because may
mga heresay, tsismis and everything" kamusta ang financial status ng ating HOA?
Totoo bang may nawawala? I'm sure gusto ring marinig ng iba , para malaman ng
lahat kung ano ang Estado ng pera HOA ng ating Association ano ang estado
ngayon ? Maraming Salamat. Melanie Avergonsado replied" Ah ito po ay na
question niyo po ngayon Maam, dahil yan nga sa pera natin bilang isang Presidente
e sasabihin ko na rin po ito na, bago ako umupo dito sa Assosasyon dahil nga
marami ding Homeowners na nagsabi sa akin na magpa audit po ako. Dahil sa
mga narinig ko rin lalo na si Vic na magpa Audit sya, pero nong ako nagpa audit
po ako meron po akong nakita ang auditor ko po ay, malaki ang perang nawala
pero" (crowd chatters so totoo?) Melanie Avergonsado reply "totoo po, totoo po na
may nawalang pera meron po akong mga ibedensya ako nga po ang pina pa
barangay nila Maam. (crowd chatters o kayo pa? kayo pa?) opo meron po akong
dito Maam na. (Marilyn Hizo. A homeowner replied) Pres, if I may add, Sino-sino
ang Board of Director na yun ang involved? or ka na ano dyan para alam namin
lahat para naririnig po ng lahat. (chattering from the crowd saying, as per Joselito
“Vic” Soriano said "at least kung na video man yan may ano tayo lahat ng tao
nagtatanong yes, walang kasinungalingan ) yung ano kasi dito na si Gilbert Go and
Maria Jinky Consuelo sila yung dalawang nakakaalam sa pera na nawala (crowd
chatters "ok") tapos yun dahil nakita ko na nag promissory note naman sila na
bayaran oh na kailangan nilang bayaran yung pera na yun (Marilyn Hizo replied:
pero walang consultasyon naganap na sa mga tao kung pwedeng oh yes sa pera na
yun ) Melanie Avergonsado replied : ah yun dahil meron silang conversation na
nag-usap sila na sila lang nag-usap dahil nga sila lang ang nakaka alam doon sa
pera. Kaya ito dahil kung narinig nyo naman yan ito ngayon sabihin ko ito hindi ito
gawa-gawa ko na kwento marami po akong ditong files na katotohanan to hindi ko
to ginawa-gawang kwento dahil dito hawak ko ang HOA representative nyo lang
po ako balang araw maraming salamat dahil ito bilang kasama bilang homeowner
sama-samang natin lutasin, ayusin dahil ayoko rin na sino susunod na maka upo na
tulong-tulong tayo kung gusto nyo po malaman lahat punta po kayo sa opisina kasi
kung gusto nyo malaman lahat na ebidensya."
 It was very clear in the video that the said General Assembly was set up not
only by Melanie Avergonzado alone but by some Homeowners in participation to
whom the Respondent should testify who collaborated with her in the coming
proceedings.

Attached are the full video recording taken of the libelous statements and
comments hereto collectively referred as Annex "A”

C.) We file an earlier complaint last June 16, 2023 in Barangay Mambog 3,
Bacoor, Cavite against the Respondent Melanie A. Avergonzado because she
called us, demanding and threatening us to back out in our candidacy for Board of
Director in our Homeowners Association otherwise she will exposed to the public
and the neighborhood that we, Mr. Gilbert Go and Mrs. Maria Consuelo Villamor
stole the money from the Association.

We already warned her in our Barangay hearings that if she will commit an
act to destroy anyone’s reputation with her malicious spreading of stories and to
destroy one’s reputation, we will file a case in Court, but she replied, “what is your
proof?”.

Attached copy a Barangay Complaint as ANNEX “B”

c) That statement uttered by Melanie Avergonzado and others on July 1,

2023 contained publicly malicious imputation with bad intentions and
unjustifiable motives purposely to malign, dishonor, discredit, insult and
assassinate our reputation and discrediting me as a former 6 years president of the
Association and as a Board of Director and as an individual before the bar of
public opinion and contempt; she concealed to the public that all those matters
were settled and accounted for as shown in the Audit Report. She fully convinced
the public the money was stolen and that she had all evidence to charge the
complainant.

d) The afore-quoted comments on that General Assembly by the respondent

created in the minds of the almost 700 Homeowners and other neighboring
Homeowners to believed that we stole a huge amount purposely.

e) That the truth of the matter, is when Mrs. Priscilla C. Cuevas, the out-
going Treasurer of the year 2021, she wanted a smooth transition of documents,
thereby requested for an Audit for proper turn over to the incoming Board of
Director. On the course of Audit, according to Maria Consuelo Villamor the
former Office Admin Staff reported the missing envelop in the Office where all
major receipts in a brown envelop with plastic cover was lost. She exhausted all
her efforts to locate especially those things which are already used in the Admin
Office like aircon, groceries given to COVID patients under quarantine and etc. but
none was found. Mrs. Priscilla Cuevas demanded Ms. Villamor to settle issues
with the financial discrepancy brought by the lost of receipt to deal the matter with
Mr. Gilbert Go and to personally take responsibility for those actions by paying
whatever unreconcilable accounts that would appear. Despite those doubts that
wrapped the lost of the receipts in the office whereby only those office personnel
were present in the office, the Affiants paid all accounts charged against them to
clear the Audit report.

Attached Bank Deposit referred as Annex "C”

Attached Audit Report as Annex "D”

 Attached Clearance from Priscilla C. Cuevas as Annex " E"

f) That despise the settled financial issues in the Homeowners Association

the Respondent never stops to convince the witnessed Pricilla Cuevas and Nadeja
Joy C. Peralta joined her in spreading the issues to destroy the credibility of Mr.
Gilbert Go and Maria Consuelo Villamor by taking money as Board of Directors in
the Homeowners Association. Nevertheless, the two witnessed never conceded
with her knowing that all matters were already cleared by the said Audit Report.

g) That by reasons of the foregoing, we suffered from depression, anxiety

attacks, sleepless nights, wounded feeling, social and moral embarrassment from
our neighbors which Melanie Avergonzado brought to in this situation. I, Maria
Consuelo Villamor, preferred to temporarily stay in my son's rented flat in order to
avoid hearing constant accusation from neighbors which they intently wanting her
to hear. And that, Gilbert Go, a Cancer patient were several times been undergoing
several medical procedures since this incident happen due to unavoidable stress
that exacerbated my condition. He was diagnosed before with stage 2 Cancer, had
undergone a quick rise to Stage 4 Cancer and will be undergoing another scheduled
Operation this September 6, 2023.As an Archetect by Profession, he lost several
clients as such rumors spreadlike a wild fire.

Attached Doctors Report and Medical Procedure Taken as Annex "E"

h) That WE, are executing this affidavit to attest to the truth of the foregoing
averments and for the purpose of criminally prosecuting Melanie Avergonzado for
Libel as grave utterance in Public as determined by the Prosecution Office in the
Preliminary Investigation with reservation for our right to file for Civil Action.

IN WITNESS WHEREOF, we have affixed our signature this _____ day

of September 2023 at Bacoor City, Philippines.

GILBERT GO MARIA CONSUELO VILLAMOR

Affiant Affiant

SUBSCRIBED AND SWORN to before me in the City of Bacoor the ___

day of August 2023. I hereby Certify that I have personally examined the above-
named Affiant and that I am the foregoing statements were given by them
voluntarily and of his own free will.

________________________________

Investigating Prosecutor