REPUBLIC OF THE PHILIPPINES

CITY OF SANTIAGO

)
) S.S.

COMPLAINT-AFFIDAVIT
I, AMELITA S. NAVARRO, of legal age, Filipino and a resident of Centro East, Santiago
City, after having been duly sworn to in accordance with law hereby depose and say:
1. I am the incumbent Mayor of Santiago City with Office Address at City Hall
Complex, San Andres, Santiago City;
2. One of my tasks as executive head is to implement provisions of ordinances
and resolutions enacted by the Legislative Department;
3. On September 2008, Ordinance No. 6THCC-53 also known as an Ordinance
Imposing Annual Tower Fee for the Operation of the Cell Sites for Commercial
Purposes within the City of Santiago was enacted ;
4. The abovementioned ordinance provides for an annual tower fee to all towers
operated by Telecommunication Companies as stated in section 4 thereof, which
are hereby quoted as follows:
Section 4. Imposition of Fees. There shall be collected an
annual fee for the operation of the tower at the rate of Two Hundred
Thousand pesos (Php 200,000.00) per year. The operator/s or
persons responsible for the operation of the tower shall be liable to
pay the annual tower fee per tower as herein imposed.
5. Upon review of records by the City Licensing Office, it was discovered that
Digitel Mobile Philippines, Inc. with Central Office Address at 29/F Galleria
Corporation Center, EDSA cor. Ortigas Avenue, Pasig City has failed to pay the
required annual tower fee of its seven (7) towers located in Santiago City
specifically in Barangay San Andres, Barangay Rizal, Barangay Plaridel,
Barangay Rosario, Barangay Sinsayon, Camacam St., Barangay Centro East
and BAYANTEL tower at purok-7, Barangay Rosario.
for the year 2008, 2009 and 2010;
6. Pursuant thereto, a letter was sent to the President of Digitel Mobile
Philipppines, Inc. on June 01, 2010 informing the Corporation of its violation of
the Ordinance No. 6ThCC-53 and providing the said Corporation five (5) days
upon receipt of the letter within which to settle the obligation. A Copy of the letter
with the attached summary of fees and pre-assessment forms is hereto attached
as Annex A and made an integral part hereof;
7. Despite the five (5) days allowance provided by the City Government, the
Corporation failed to comply with the obligation or make a manifestation of its
desire to settle the obligation;
8. The failure of the said corporation to pay the amount above stated is a clear
violation of the Section 4 of Ordinance no. 6THCC-53 as well as Section 7
thereof which states that:

Section 7. Penalty Clause- It shall be unlawful under this

ordinance to operate a tower without paying the required annual fee
subject of this ordinance
Any violation of this ordinance shall be penalized with a fine
in the amount of five thousand pesos (P5,000..00) or six (6) months
imprisonment or both at the discretion of the court.
The president in case of a corporation or the owner if the
sole proprietorship or the partners in case of a partnership shall be
liable in so far as the imposition of the prescribed penalties are
concerned.
9. That I am executing this complaint-affidavit in order to attest to the truthfulness
of my foregoing statements for the purpose of filing a criminal complaint for
twenty (21) counts of violation of the Ordinance No. 6THCC-53 also known as
an Ordinance Imposing Annual Tower Fee for the Operation of the Cell Sites
for Commercial Purposes within the City of Santiago against the President of
Digitel Mobile Philippines, Inc., Mr. James Go.

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of

____________ 2009 at Santiago City.

AMELITA S. NAVARRO
Complainant/Affiant
SUBSCRIBED AND SWORN to before me on the same date and place.