Department of Justice

National Prosecution Service

Office of the City Prosecutor
Cauayan City, Isabela

LOLAKU LAM
complainant,

-versus- I.S. _________________

For: ORAL DEFAMATION

PAKIE LAMERO
respondent.

x - - - - - - - - - - - - - - - - - - - - - - - - - - -x

COMPLAINT-AFFIDAVIT

I, LOLAKU LAM, of legal age, single, Filipino citizen, with

assistance of counsel, and a resident of 123 Horror, Katatakutan St.,
Cauayan , Isabela, Philippines, do hereby state under oath that:

1. I am a vendor of puto and kutsinta (rice cakes) in our

barangay since I was 35 years old. Since then I have been
known by my neighborhood as Lola puto and kutsinta for
the exceptional taste of my goods and for the long
number of years I have been selling the same that made
me famous throughout our barangay.
2. I accuse and hereby charge MR. PAKIELA MERO , residing
at 125 Horror, Katatakutan St.,Cauayan , Isabela, for
violating Article 358 of the Revised Penal Code (Oral
Defamation), committed against me when he publicly,
maliciously and deliberately uttered defamatory remarks
against me.

3. On January 27, 2018 efforts of conciliation were made

before Barangay Horror of Cauayan City where the
complainant and the respondent are residing, but to no
avail hence CERTIFICATE TO FILE ACTION (ANNEX A) had
been issued by the barangay.

4. The acts complained were committed as follows:

a. On the evening of January 25, 2018, I

was taking my dinner with my daughter,
NURSEME LAM when I heard the respondent
shouting (“Mangkukulam! Mangkukulam!
Walang hiya kang matanda ka! Lumabas ka!”),
Sorcerer! Sorcerer! You old cad! Get out! At
first, I had no idea who was he referring to as
mangkukulam but upon noticing that the
uproar was coming just few inches away from
my house, I peeked in my window and to my
surprise he was at the gate of my house and
further screamed (“Mangkukulam! Tanggalin
mo ang kulam kundi may mangyayari sa’yo.”),
Sorcerer! Remove the curse or else something
will happen to you. Shocked by what had
 happened, I immediately shut the door and
cried hurting. Being in the age of 65, the only
person in an old age in my household, I was
sure that I was the one referred to by the
respondent. My daughter witnessed the
foregoing incident and her affidavit is hereby
attached as ANNEX B.

b. Other than the fiasco she made, I was

informed by my neighbor, CHISMO SAKO
(Judicial affidavit of Chismo Sako is hereby
attached as Annex C) that the respondent told
her that Tiyan Sakit, sister of the respondent
bought kutsinta and puto to me and
immediately thereafter fell sick and with that
there were rumors circulating about me being a
sorcerer. The said rumors were purportedly
started by PAKIE LAMERO when his sister
became sick allegedly because of my puto and
kutsinta.

5. A Certificate of Food Safety Office was issued to me and

hereby attached as ANNEX C, evidencing my compliance
with food safety standards and that my puto and kutsinta
are safe from cooking until its disposition to the consumer.

6. MR. PAKIELA MERO’s remarks, falsely saying that I am a

sorcerer and cursed his sister uttered in public are clearly
insulting and defamatory as they malign me and attribute
to me a degrading act, nature and predisposition. There is,
moreover, no doubt that MR. PAKIELA MERO’s malicious
 spreading of rumors against me was deliberate and
thereafter would show. MR.PAKIELA MERO’s remarks are
also very serious as they cast aspersions on my reputation,
line of business, character and very person before my
neighborhs.

7. MR. PAKIELA MERO’s remarks have injured my name,

reputation and character before my neighbors. By reason
of the foregoing, I suffered sleepless nights, wounded
feelings, moral and social embarrassment which MR.
PAKIELA MERO should compensate by way of damages
which is the natural, proximate and necessary result of the
malicious utterances in the amount of not less than Five
Hundred Thousand Pesos (PhP 500,000.00).

8. While my name, reputation and character are incapable of

pecuniary estimation as these are the result of a lifetime’s
effort to build a name, reputation and character that my
future descendants can be proud to bear, MR. PAKIELA
MERO cannot be allowed to simply go scot-free without
bearing the consequences of her acts. For this reason, I am
also holding MR. PAKIELA MERO liable civilly for
defaming me in the amount of One Million Pesos
(P1,000,000.00) in nominal damages and Five Hundred
Thousand Pesos (P500,000.00) in exemplary damages.
 IN WITNESS WHEREOF, I have hereunto affix my signature this
14th day of February 2018 in Cauayan City, Isabela, Philippines.

LOLAKU LAM
Affiant

SUBSCRIBED AND SWORN to before me this 14th day of February 2018

in the City of Cauayan. I hereby certify that I have personally examined
the above-named affiant and that I am satisfied that the foregoing
statements were given to her voluntarily and of his own free will.

RUDY J. CABRERA
Prosecuting officer
Cauayan City

ATTY. JOZELE MARIZ P. DALUPANG

Counsel for Defendant
Cauayan City, Isabela
Roll of Attorneys No. 988964
IBP No. J-25469
PTR No. J- 855469
MCLE No. J-78954
REPUBLIC OF THE PHILIPPINES)
CITY OF CAUAYAN
PROVINCE OF ISABELA ) S.S.
x-------------------------------------x

AFFIDAVIT OF WITNESS

I, NURSEME LAM, of legal age, Filipino, widow and a resident of 123

Horror, Katatakutan St., Cauayan , Isabela, Philippines, after having
been duly sworn to in accordance with law, depose and state:

1. That I was present and personally saw that respondent, PAKIE

LAMERO, committed the crime of ORAL DEFAMATION against the
victim LOLAKU LAM;

2. That I am the daughter of the victim and a neighbor of the

respondent;

3. That I witnessed the respondent uttering defamatory remarks

against the victim, I heard him saying (“Mangkukulam! Mangkukulam!
Walang hiya kang matanda ka! Lumabas ka!”), Sorcerer! Sorcerer! You
old cad! Get out! And (“Mangkukulam! Tanggalin mo ang kulam kundi
may mangyayari sa’yo.”) while I was eating dinner with the victim in
the night of January 25, 2018.

4. That I immediately ran on our house window to see who was

shouting and there seeing the respondent.

5. That I executed this affidavit to attest the truthfulness of the

foregoing facts and to support the filing of criminal case against PAKIE
LAMERO for violation of Article 358 of the Revised Penal Code (Oral
Defamation)

IN WITNESS WHEREOF, I hereby affixed my signature this February 14,

2018 in Cauayan City, Isabela, Philippines.

NURSEME LAM
Affiant

SUBCRIBED AND SWORN TO before me this February 14, 2018 in

Cauayan City Isabela, Philippines, affiant exhibiting to me her
competent evidence of identity by way of Social Security Identification
Card issued at Cauayan City, Isabela on August 2017.

ATTY. JOZELE MARIZ P. DALUPANG

Notary Public
Cauayan City, Isabela
Roll of Attorneys No. 988964
IBP No. J-25469
PTR No. J- 855469
MCLE No. J-78954
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 2017.

REPUBLIC OF THE PHILIPPINES)

CITY OF CAUAYAN
PROVINCE OF ISABELA ) S.S.
x-------------------------------------x

AFFIDAVIT OF WITNESS

I, CHISMO SAKO, of legal age, Filipino, single and a resident of 130

Horror, Katatakutan St., Cauayan , Isabela, Philippines, after having
been duly sworn to in accordance with law, depose and state:

1. That I am the neighbor of the victim and the respondent;

 2. That on January 19, 2018 I witnessed the respondent uttering
defamatory remarks against the victim, the respondent told me,
“Alam mo ba nang bumili si Tiyan (referring to Tiyan Sakit, sister
of respondent) kay Lolaku ng puto at kutsinta, sumakit yung
tiyan niya at kahit doctor ‘di alam ang sakit niya. Sigurado ko
mangkukulam ‘yan!), You know, when Tiyan bought puto at
kutsinta to Lolaku, her stomach ached even the doctor doesn’t
know her illness. I am very sure she is a sorcerer!

3. That I immediately felt aloof to the victim because of the

allegations of the respondent, I also felt a little fear for my life.

4. That I executed this affidavit to attest the truthfulness of the

foregoing facts and to support the filing of criminal case against
PAKIE LAMERO for violation of Article 358 of the Revised Penal
Code (Oral Defamation)

IN WITNESS WHEREOF, I hereby affixed my signature this February 14,

2018 in Makati Cauayan City, Isabela, Philippines.

CHISMO SAKO
Affiant

SUBCRIBED AND SWORN TO before me this February 14, 2018 in

Cauayan City Isabela, Philippines, affiant exhibiting to me her
competent evidence of identity by way of Social Security Identification
Card issued at Cauayan City, Isabela on August 2017.

ATTY. JOZELE MARIZ P. DALUPANG

Notary Public
Cauayan City, Isabela
Roll of Attorneys No. 988964
IBP No. J-25469
PTR No. J- 855469
MCLE No. J-78954

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2017.

Republic of the Philippines

 Province of Isabela
CITY OF CAUAYAN
Barangay Horror

OFFICE OF THE LUPONG TAGAPAMAYAPA

Barangay Case No. 2010-005

For: Oral Defamation

LOLAKU LAM
Complainant

— against —

PAKIE LAMERO
Respondent

CERTIFICATION TO FILE ACTION

This is to certify that:

1. There has been personal confrontation between the parties before the
Punong Barangay but they failed to amicably settle the issue.

2. The Pangkat Tagapagkasundo was constituted but again both parties failed
to amicably settle the issue on the account that they are both aggrieved
parties.

3. Therefore, the corresponding complaint for the dispute may now be filed in
court/government office.

This 27th day of January, 2018 at Horror, Cauayan City, Philippines.

Mrs. Myrna Natividad

Lupon Secretary

Attested:

Brgy. Captain Vincente Roxas

Lupon Chairman
 CERTIFICATION

THIS IS TO CERTIFY THAT

LOLAKU’S PUTO AND KUTSINTA

Has complied with food safety standards in
compliance with Ordinance no. 445555 of Cauayan
City, Isabela.

LALALA ROQUE
Food Safety Officer
Cauayan City, Isabela