REPUBLIC OF THE PHILIPPINES)

ROXAS CITY ) S.S.

EXECUTIVE SUMMARY

I, Samson J. Puno, of legal age, married, bus driver,

and resident of Barangay Culasi, Roxas City truthfully
and to the best of my knowledge state that:

1. That on June 22, 2019, I went to the Novo

which was situated at Arnaldo Boulevard,
Barangay Inzo, Roxas City to fetch my wife
Delilah Puno and my children Crispin and Basilio,
both are minors.

2. At about 8:00 o’clock in the evening, my family

and I travelled home and upon our arrival, we
were hurled and pelted with stones. We hurriedly
went inside our home to safeguard ourselves but
Judas Cruz continuously stoned our house which
caused holes and damages to our property. My
wife used her cellular phone to seek help to Joey
De Leon, Chief BPAT of Barangay Culasi, Roxas
City and we saw the Police Patrol of the Roxas
City Police Station and the suspect discontinued
stoning and ran to unknown directions.

3. The Police Officers of the Roxas City Police

Station and the BPAT of Barangay Culasi
conducted search at the area to locate the
suspect but they were not able to find him and
the Police Officers brought us to the Roxas City
Police Station to file a complaint and blotter.

4. That on July 25, 2019, Barangay Captain Wafer

Rebisco issued a Certification to File Action to
my wife.

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 5. I executed an affidavit, Also I attached in the
complaint are the following are the Police Blotter
Report Excerpt dated June 23, 2019 and pictures
of the damage caused to house.

6. Subpoena was sent to the respondent by the

city prosecution office for him to submit his
counter-affidavit and to appear to a scheduled
preliminary investigation. Despite receipt by the
respondent of the subpoena, he did not submit
his counter-affidavit nor appeared at the
scheduled date of the preliminary investigation.

7. Article 327 of the Revised Penal Code provides

that: “Any person who shall deliberately cause
the property of another any damage not falling
within the terms of the next preceding chapter
shall be guilty of malicious mischief.”

The elements of malicious mischief are as

follows:

a. That the offender deliberately caused damage

to property of another.
b. That such act does not constitute arson or
other crimes involving destruction.
c. That the act of damaging another’s property
be committed merely for the sake of damaging it.

8. The stones that were hurled by the

respondent caused
damage our house. Thus, in the case of People vs
Asido, “Damage means not only loss but also
diminution of what is man’s own. Thus, damage
to another’s house includes defacing it.”

9. For the aforesaid reasons, I am retaining your

legal services as I move forward with the filing

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 of a criminal case against JUDAS CRUZ for
Violation of Article 327 (Malicious Mischief) of
the Revised Penal Code.

Signed:

SAMSON J.
PUNO