REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
______________

XXX,
Complainant,
NPS Docket No: ________________
-versus-
For: Grave Oral Defamation & Unjust
Vexation.

YYY,
Respondent.
x--------------------------------------x

COMPLAINT-AFFIDAVIT

Complainant __________ most respectfully files this Complaint for

Grave Oral Defamation against ____________, and in support thereof, states:
THAT –

1. I am the complainant in this complainant for grave oral defamation and

unjust vexation. I am a Filipino citizen, of legal age, married, and with
residence at _______________.

2. Respondent is also a Filipino citizen, of legal age, and my next-door

neighbor with address located at _____________ where he may be
served with summons and other processes of this Honorable City
Prosecutor.

3. That on August 28, 2019 at around 8 o’clock in the morning, I

temporarily parked my car in the sidewalk just in front of the residence
of the respondent so that my son could alight after accompanying me
in bringing my other child to his school. I parked in the said location
because the other vehicle parked inside my house being driven by my
husband was about to go out. My intention is to just stop momentarily
in that spot as I was about to do my errands and buy things for my
house.

4. When I am about to ride my car again after bringing my child down,

the respondent suddenly approached me angrily coming from inside his
residence. Respondent angrily confronted me about the use of the
parking space just in front of both our houses. According to the
respondent, the said parking slot is reserve for his exclusive use and
that I or any member of my household should not park in the said space.

5. Contrary to the claim of the respondent, the parking space is a public

parking space and open for anyone who wants to use it. It is at this point
that respondent started verbally throwing defamatory words against me.

6. During our confrontation, respondent repeatedly shouted: “Balasubas

ka! Wala kang modo! Wala kang pinag aralan! Balasubas ka! While
he was shouting these words to me, respondent was also aggressively
gesturing and pointing his finger against me.

7. Respondent did not stop there, after about several minutes of shouting
the same words against me, respondent added the following obscenities
and foul language against me: “Kilala kita, masama ugali mo!, masama
ugali mo! Bungangera ka!”

8. In my defense, I was forced to answer back and say that he should stop
shouting at me, that he has no right to demand or claim that the subject
parking slot is for his exclusive use, and he has no right to point his
finger against me.

9. Respondent kept on repeating those words, so I ask him to stop but he

would not stop. He repeated shouting those words until respondent
decided to go inside his house after several by-standers noticed our
confrontation. This lasted for about 10-15 minutes before he stopped
uttering those words and went inside his townhouse unit. After the
incident, there is nothing I can do but cry inside by house and ask
myself what I have done to the respondent that he should do and utter
those words to me. I was sobbing uncontrollably while relating the
incident to my husband that night. I was not able to sleep for days
thinking of the incident.

10. On ____________, I reported the incident to our barangay. The

concerned barangay official then sent summons to the respondent but
he just ignored the said summons. He never attended any of our hearing
with the barangay officials. As a result, the barangay issued in my favor
a Katibayan Upang Makadulog Sa Hukuman dated ___________. A
copy of the said Katibayan is hereto attached as Annex “A” and made
part hereof.

11. I was informed by my lawyer that the respondent committed the crime
of Grave Oral Defamation and Unjust Vexation against me. According
to my lawyer, the crime of Grave Oral Defamation is defined as
follows:

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Article 358 of the RPC defines and penalizes the crimes of
Serious Oral Defamation and Slight Oral Defamation, to
wit:

Article 358. Slander. - Oral defamation shall be punished

by arresto mayor in its maximum period to prision
correccional in its minimum period if it is of a serious and
insulting nature; otherwise, the penalty shall be arresto
menor or a fine not exceeding 200 pesos.

12. According to my lawyer, the Supreme Court in the case of De Leon v.

People, GR. No. 212623, thoroughly discussed the nature of Oral
Defamation and the parameters for classifying the same as either Grave
or Slight:

“Oral Defamation or Slander is libel committed by oral

(spoken) means, instead of in writing. It is defined as "the
speaking of base and defamatory words which tend to
prejudice another in his reputation, office, trade, business or
means of livelihood." The elements of oral defamation are:
(1) there must be an imputation of a crime, or of a vice or
defect, real or imaginary, or any act, omission, status or
circumstances; (2) made orally; (3) publicly; (4) and
maliciously; (5) directed to a natural or juridical person, or
one who is dead; (6) which tends to cause dishonor, discredit
or contempt of the person defamed. Oral defamation may
either be simple or grave. It becomes grave when it is of a
serious and insulting nature.

An allegation is considered defamatory if it ascribes to a

person the commission of a crime, the possession of a vice or
defect, real or imaginary or any act, omission, condition,
status or circumstance which tends to dishonor or discredit
or put him in contempt or which tends to blacken the memory
of one who is dead. To determine whether a statement is
defamatory, the words used in the statement must be
construed in their entirety and should be taken in their plain,
natural and ordinary meaning as they would naturally be
understood by persons reading them, unless it appears that
they were used and understood in another sense. It must be
stressed that words which are merely insulting are not
actionable as libel or slander per se, and mere words of
general abuse however opprobrious, ill-natured, or
vexatious, whether written or spoken, do not constitute a
basis for an action for defamation in the absence of an
allegation for special damages. The fact that the language is
offensive to the plaintiff does not make it actionable by itself.

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xxxx

Whether the offense committed is serious or slight oral

defamation, depends not only upon the sense and
grammatical meaning of the utterances but also upon the
special circumstances of the case, like the social standing or
the advanced age of the offended party. "The gravity depends
upon: (1) the expressions used; (2) the personal relations of
the accused and the offended party; and (3) the special
circumstances of the case, the antecedents or relationship
between the offended party and the offender, which may tend
to prove the intention of the offender at the time. In
particular, it is a rule that uttering defamatory words in the
heat of anger, with some provocation on the part of the
offended party constitutes only a light felony."

13.All of the said elements are present in this case. A review of the facts
of this case reveals that respondent indeed uttered the defamatory words
stated herein against me. It is clear that respondent indeed started the
altercation by angrily confronting me while I was temporary parked
outside his townhouse unit without provocation on my part. It must be
pointed out that respondent’s claim that he has the exclusive right to
use the parking space in front of our townhouse unit is without any
basis. He is not the owner thereof. I was just temporary parking when
respondent got mad at me and started hurling defamatory statements
against me. Thus, it may safely be concluded that respondent indeed
said defamatory words against me, the utterances were made in public
and were made with lack of provocation on my part.

14.Again, according to my lawyer, respondent committed unjust vexation

against me. As told to me by my lawyer, Article 287 of the Revised
Penal Code reads:

Art. 287. Light coercions. – Any person, who by means of

violence, shall seize anything belonging to his debtor for the
purpose of applying the same to the payment of the debt, shall
suffer the penalty of arresto mayor in its minimum period and
a fine equivalent to the value of the thing, but in no case less
than 75 pesos.

Any other coercions or unjust vexations shall be punished by

arresto menor or a fine ranging from 5 to 200 pesos, or both.

15.The second paragraph of the said Article is broad enough to include any
human conduct which, although not productive of some physical or
material harm, could unjustifiably annoy or vex an innocent person.
Compulsion or restraint need not be alleged in the Information, for the
crime of unjust vexation may exist without compulsion or restraint. The

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paramount question to be considered is whether the offender’s act
caused annoyance, irritation, torment, distress or disturbance to the
mind of the person to whom it is directed. (Maderazo vs. People, GR
No. 165065).

16.The paramount question [in a prosecution for unjust vexation] is

whether the offender's act causes annoyance, irritation, torment,
distress, or disturbance to the mind of the person to whom it is directed.
(Baleros vs. People, GR. No. 138033)

17.That I, after the incident in question, cried while relating the matter to
my husband, the sleepless nights I suffered, and the fact that I filed a
complaint with the barangay proved beyond cavil that I was disturbed,
if not distressed, by the acts of the respondent.

18.I executed this Complaint-Affidavit to attest to the truth of all the

foregoing.

Further Affiant Sayeth Naught.

Complainant/Affiant

SUBSCRIBED AND SWORN to before me this _________________

at _____________. I hereby certify that I have personally examined the affiant
and I am fully satisfied that he has voluntarily executed and understood the
contents of this Complaint-Affidavit