Complaint Affidavit For Falsification by Private Person of A Public Dox Quejado VS Cabanlig
Complaint Affidavit For Falsification by Private Person of A Public Dox Quejado VS Cabanlig
Complaint Affidavit For Falsification by Private Person of A Public Dox Quejado VS Cabanlig
COMPLAINT-AFFIDAVIT
Complaint Affidavit of Josefina Q. Viloria et al. ; re: Violation of Art. No. 172 in relation to Art. 171 of RPC Page 1 of 7
4. Justina Ducusin Cabanlig is of legal age, married to Felipe Cabanlig
and are residents of Brgy. Taboc, San Juan, La Union, and Felisa
Ducusin-Trespicio likewise of legal age, married to Paulino Trespicio and
are also residents of Brgy. Taboc, San Juan, La Union.
xxx xxx
xxx xxx
xxx xxx
Complaint Affidavit of Josefina Q. Viloria et al. ; re: Violation of Art. No. 172 in relation to Art. 171 of RPC Page 2 of 7
1. Counterfeiting or imitating any handwriting, signature, or
rubric;
2. Causing it to appear that persons have participated in any act
or proceeding when they did not in fact so participate”;
xxx xxx
5. Also, on the same date, February 20, 2018, Marilyn R. Oriente filled up
an Investigation Data Form and filed the same before the Office of the
Provincial Prosecutor, Balaoan, La Union bearing therein her signature
over her printed name on the same document and sample of her
usual penmanship/handwriting is provided therein, in accomplishing
the portion required of the complainant thereto.
Complaint Affidavit of Josefina Q. Viloria et al. ; re: Violation of Art. No. 172 in relation to Art. 171 of RPC Page 3 of 7
to be the legal representative (ATTORNEY-IN-FACT) of the private
complainant in the said criminal case, by virtue of a SPECIAL
POWER OF ATTORNEY, dated April 28, 2017 and alleged to have been
executed in her favor by the principal, MARILYN R. ORIENTE,
who was shown therein to have affixed her signature over her printed
name appearing on the same document and was signed with conformity by
the Attorney-in-Fact, ANALIZA C. VELASCO and the same
document was subscribed and sworn to before Atty. Jocelyn Ocasion, on
the same date;
Complaint Affidavit of Josefina Q. Viloria et al. ; re: Violation of Art. No. 172 in relation to Art. 171 of RPC Page 4 of 7
b) The variation appears to be due to the operation of a different
personality and not merely an expected and inevitable
variation found in the genuine signature and handwriting of
the same writer as in Annexes B and D;
10. Moreover, it appears also from the foregoing that the signature of
Marilyn R. Oriente in her complaint affidavit was signed by a person
other than Marilyn R. Oriente, who herself knew of the same as
evidenced by her use of the same document as basis in filing
her complaints (before the Office of the Provincial Prosecutor, La
Union and the office of the PNP - RIAS, San Fernando City, La
Union) against Elpidio V. Ojascastro, thus whoever is the
perpetrator, caused it to appear that Marilyn R. Oriente signed
the complaint affidavit, where in truth and in fact, she did not; or even
arguendo, that it was Marilyn R. Oriente, who authorized the
affixing of her signature by another person, the result is the same, she
is liable as a principal by inducement, thus equally liable as the direct
perpetrator or the author of the act of falsification;
Complaint Affidavit of Josefina Q. Viloria et al. ; re: Violation of Art. No. 172 in relation to Art. 171 of RPC Page 5 of 7
also be presumed that she is the material author of the falsifications in
line with the rulings of the Supreme Court (Nieva vs. PP, 503 SCRA
114).
Stated differently, since Respondent had in her possession a falsified
document and which she subsequently used in the filing of her
complaint against therein accused, Elpidio V. Ojascastro, Jr., first,
before the Office of the Provincial Prosecutor (February 20, 2018)
and subsequently, before the PNP-RIAS 1 (February 27, 2018), the clear
presumption is that she is the material author of the falsification and
therefore, should be held liable for violating Article 172 paragraph 1,
section 1, and paragraph 2 relative to falsification by private
individuals and use of falsified document in relation to Article 171
paragraph 1, nos. 1 and 2 of the Revised Penal Code;
12. Also, since Respondent Analiza C. Valdez actually used the Special
Power of Attorney allegedly executed by Marilyn R. Oriente in
presenting herself as the ATTORNEY-IN-FACT of Marilyn R.
Oriente during the Arraingment and Pre-trial of herein complainant,
ELPIDIO V. OJASCASTRO, JR. is also the presumed author of the
invalid and falsified Special Power of Attorney, thus the respondent
should also be held liable for violating Article 172 paragraph 1, section
1, and paragraph 2 relative to falsification by private individuals and use of
falsified documents in relation to Article 171 paragraph 1, nos. 1
and 2 of the Revised Penal Code;
Complaint Affidavit of Josefina Q. Viloria et al. ; re: Violation of Art. No. 172 in relation to Art. 171 of RPC Page 6 of 7
Complainant / Affiant
(PNP NCO ID No. 158260370)
__________________________
Asst. Provincial Prosecutor
Complaint Affidavit of Josefina Q. Viloria et al. ; re: Violation of Art. No. 172 in relation to Art. 171 of RPC Page 7 of 7