Complaint Caridad

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Republic of the Philippines )

Province of Cagayan )
Municipality of Gattaran ) s.s.
x------------------------------------x

JOINT COMPLAINT-AFFIDAVIT

We, CARIDAD ESQUIBIL, of legal age, Filipino and a resident


of #02 Sta. Catalina St., San Gabriel Village, Tuguegarao City Cagayan
and VIRGINIA ESQUIBIL, of legal age, Filipino and a resident of
Tuguegarao City, Cagayan, under oath, hereby depose and say, that:

1. We are relatives asserting our rights over parcels of land


located in Sto. Nino, Cagayan. I, Virginia Esquibil being the
wife of the late Godofredo Esquibil and I, Caridad Esquibil in
representation of Leonarda Esquibil who is living in United
States of America. We hereby formally charge the following
persons for the crime of Oral Defamation (Slander) under
Article 358 of the Revised Penal Code and Unjust Vexation
under Article 287 (2) of the Revised Penal Code;

1.a. TOMASA E. FORMOSO, of legal age, married,


Filipino and a resident of Sto. Nino, Cagayan;

1.b. ROSENDO B. ESQUIBIL, of legal age, married,


Filipino and a resident of Sto. Nino, Cagayan;

1.c. EDMUND B. ESQUIBIL, of legal age, married,


Filipino and a resident of Sto. Nino, Cagayan;

1.d. MARITES E. DE GUZMAN, of legal age, married,


Filipino and a resident of Sto. Nino, Cagayan, herein
referred to as RESPONDENTS;

2. Briefly, herein complainants and respondents are the legal


heirs of the late Spouses Ulpiano Esquibil, Sr. and Eufrocina
Esquibil who owned parcels of land in Sto. Nino Cagayan.
Attached as Annex “A” is the full list of the foregoing
properties;
3. That we talked among ourselves earlier on, without the
interference of any third party and we settled the matter
amicably;

4. However, sometime in August and September 2022,


complainants and respondents met for a supposed barangay
conciliation before the Office of Lupong Tagapamayapa, Brgy.
Centro Sur, Sto. Nino Cagayan to finally settle the estate of
the late Spouses Esquibil among ourselves. Attached as
Annex “B” and “Series” are the excerpt of the Minutes of the
Meeting as well as photos taken during the said meeting;

5. That during the said meeting, we did not arrive at a


settlement;

6. While the meeting was going on, the respondents mentioned


the following words and I quote:

“Awan pagrebbengan yu ti daga”

“Mga sampid lang kayo sa pamilya”

“Sikayu iti mangriribuk ti pamilya”

“Ukinnayu”

“Gaga”

“Sika Jean, maysa ka met (pointing at herein


complainant)”;

7. Respondents during the meeting hall likewise shouted the


same derogatory words and even banged the table in front of
the complainants. Considering that there was a public
meeting at that time outside the barangay hall where the
conciliation was being made, we felt debased and
embarrassed considering how loud they shouted their
invectives and curses towards us before a number of people
outside the hall. Attached as Annex “C” is the Affidavit of Mr.
Casibang to corroborate our claim. Attached as Annex “D” is
the certification from Barangay that no agreement was in fact
made;
8. Because of the heated arguments, herein complainants
suffered medical issues. Attached as Annex “E” is the Medical
Certificate of the complainant;

9. Last 14 October 2022, they likewise did the same


unbecoming conducts before our meeting with the
Department of Agrarian Reform;

10. We did not cause the rift as we only wanted to get the rightful
share of our children and the people we were representing
from our ascendants estate which they have been benefitting
on for the longest time;

11. Prior this event, we were being made to sign an Extra-Judicial


Settlement of Estate with Waiver of Rights, waiving our
supposed share in the estate when in fact we never even
gave our consent thereto. We have not signed the said
document as we felt that it was unfair and detrimental to our
interests as heirs of our ascendants. Attached as Annex “E” is
the copy of the said document;

12. Finally, in their hope to really push us away from taking our
rightful share, they were even invalidating the Special Power
of Attorney given to herein complainant Caridad Esquibil by
going to the Notary Public and telling her that it was forged
and that it should not have been notarized;

13.Due to the said malicious public imputations by respondents


and several annoying conduct, we suffered and continue to
suffer serious anxiety, besmirched reputation, mental
anguish, sleepless nights, not to mention the damage they
have caused to our profession, reputation and honor within
the community and among our family members;

14.Due to such grossly unjustified malicious and imputations,


we therefor pray that respondents be made jointly and
severally liable for the damages we were made to suffer as
a result of their criminal actions as the court may deem
proper and sufficient.
We hereby execute this affidavit to attest to the truth of the
foregoing facts and hereby request the investigating prosecutor to file
the crime of Oral Defamation and Unjust Vexation against herein
Respondents.

IN WITNESS WHEREOF, we have hereunto set our hand this


____________________ 2022 in Tuguegarao City, Cagayan,
Philippines

CARIDAD ESQUIBIL/VIRGINIA ESQUIBIL


Affiants

SUBSCRIBED AND SWORN to before me this


___________________in Tuguegarao City, Cagayan. Affiants
exhibiting to me their __________________ ID with ID Numbers
___________.

Doc. No. ____;


Page No.____;
Book No. ____;
Series of 2022

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