I, MARIA O. SELAN, of legal age, Filipino, single, a resident of Brgy. San Antonio, San Pedro, Laguna, after having been sworn in accordance with law, hereby depose and state that;
1. I am a member of the Holiday Village Homeowners Association (Association) and a former Board Member of the Association;
2. I accuse and hereby charge MR. JUAN PACANA, residing at Block Lot 14 Apple Street of Holiday Village, of violating Article 358 of the Revised Penal Code (Slander and Oral Defamation), committed against me when he publicly, maliciously and deliberately uttered defamatory remarks against me during the Board Meeting of the Association on 01 July 2014;
3. This is attested to by the following exchange that transpired between Mr. Pacana and the other members of the Board in attendance:
Mr. Pacana: Si Ms. Ma selaneste c Ms. Selan ay di naman nagbabayad at niloloko lang naman tayo niyan Board Member: Talaga?
Attached as Annex A is the copy of the official transcript of the meeting;
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4. Prior resort to the Barangay conciliation system proved fruitless as Mr. Pacana did not retract his remarks. Consequently, a Certification to File Action was issued by the Barangay Chairman, a copy of which is attached as ANNEX B;
5. There is no other person named Ms.Selan residing at Holiday Village nor is there any other person named Ms.Selan who has acted as Board Member of the Association. Consequently, Mr. Pacanas public and defamatory utterance was clearly a reference to me and to no other;
6. Mr. Pacanas remarks, calling me a swindler twice over, uttered in a public meeting are clearly insulting and defamatory as they malign me and attribute to me a criminal act, nature and predisposition;
7. There is, moreover, no doubt that Mr. Pacanas use of the word swindled was deliberate as his explanation and clarification a few utterances thereafter would show;
8. Mr. Pacanas remarks are also very serious as they cast aspersions on my reputation, character and very person before my peers and fellow homeowners;
9. Mr. Pacanas remarks have injured my name, reputation and character before my neighbors and peers. While my name, reputation and character are incapable of pecuniary estimation as these are the result of a lifetimes effort to build a name, reputation and character that my children and their children can be proud to bear, Mr. Pacana cannot be Complaint-Affidavit Page 3 of 4 x--------------------------x
allowed to simply go scot-free without bearing the consequences of his acts.
10. For this reason, hemust 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.I am also holding Mr. Pacana liable civilly for defaming me in the amount of Five Hundred Thousand Pesos (P500,000.00) in nominal damages, One Hundred Thousand Pesos (P100,000.00) in moral damages and Fifty Thousand Pesos (P50,000.00) in exemplary damages.
TO THE TRUTH OF THE FOREGOING, I have signed this Complaint-Affidavit on 05 July 2014.
MARIA O. SELAN Complainant-Affiant
SUBSCRIBED AND SWORN to before me this 5 th day of July at San Pedro, Laguna, Philippines, affiant exhibited to me her Communicates Tax Certificate No. 12345 issued on June 18, 2014 at San Pedro, Laguna.
ATTY. ROSSANA MARIE O. MERGAL Notary Public (until12/31/2016) Appointment No. 12-001 Roll of Attorney No. 87129 IBP No. 978129 / 31 December 2016 / San Pedro City PTR No. 1003029 / 31 December 2016 / San Pedro City MCLE Compliance II No. 0056784/ 05-15-2016
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