Friday, September 3, 2010

sample of complaint and counter affid.

REPUBLIC OF THE PHILIPPINES)
CITY OF PASAY )SS


C O M P L A I N T – A F F I D A V I T

I, ANDY S. SANTOS, Filipino, of legal age and a resident of 375 Tramo St., Pasay City, after having been duly sworn to in accordance with law, do hereby depose and state that:
1. I am filing a case of slight physical injuries against LUIS C. ALARCON of No. 30 Taylo St., Pasay City.
2. On June 22, 2010 at around 7 p.m. , I went to Alarcon’s house to talk to him regarding some problems at the Pasay City tricycle terminal. We are both members of the tricycle drivers’ association. However, Alarcon upon seeing me, got mad and asked me to leave.
3. To avoid trouble, I boarded my tricycle and prepared to leave. At this juncture, Alarcon came running towards me and without any warning punched me thrice on the face. Fortunately, there were other tricycle drivers within the vicinity who immediately pacified Alarcon.
4. On my part, I proceeded to a nearby Medical Clinic for medical check-up. According to the medical certificate issued by the doctor who attended to me, I suffered contusions and it would take a period of seven (7) days for them to heal.
5. The incident was referred to the barangay for conciliation proceedings but no settlement had been reached as Alarcon failed or refused to obey the summons sent to him. Hence, I was issued a certificate to file action by the barangay.
6. In view of the foregoing, I am executing this affidavit to support the filing of a criminal case for slight physical injuries against LUIS C. ALARCON.
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of July 2010, in the city of Pasay, Philippines.

ANDY S. SANTOS Affiant

SUBSCRIBED AND SWORN TO before me this 19th day of July 2010 in the city of Pasay. I hereby certify that I have personally examined the affiant and I am satisfied that he fully understood and voluntarily executed his complaint-affidavit.

Assistant City Prosecutor





REPUBLIC OF THE PHILIPPINES
CITY PROSECUTION OFFICE
Makati

ANDY S. SANTOS
Complainant,

versus
I.S. No.
For: Slight Physical Injuries
LUIS C. ALARCON
Respondent.
x - - - - - - - - - - - - - - - - - - - - - - - -x



C O U N T E R - A F F I D A V I T


I, Luis C. Alarcon, Filipino, of legal age with postal address at of No. 30 Taylo St., Pasay City, after having been duly sworn to in accordance with law, do hereby depose and state that:

1. I am the respondent in the above-captioned case for slight physical injuries filed by one Andy S. Santos.

2. I vehemently deny the allegations of Santos. I admit that Santos went to my house in the evening of June 22, 2010. At that time he was very drunk and could hardly walk. He was shouting at the top of his voice looking for me. Considering his condition, I asked him to leave and come back the following day instead but he refused to do so. Since he could no longer be pacified I just ignored him and went inside our house.

3. The following day, I was informed that Santos fell down on the pavement as a consequence of which he sustained physical injuries.

3. I am executing this counter-affidavit to attest to the truthfulness of the foregoing to refute the allegations of Andy S. Santos.


LUIS C. ALARCON
Affiant



SUBSCRIBED AND SWORN TO before me this 23rd day of July 2010 in the city of Pasay. I hereby certify that I have personally examined the affiant and I am satisfied that he fully understood and voluntarily executed his affidavit.

Assistant City Prosecutor

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