Republic of the Philippines

Kagawaran Ng Katarungan
DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
San Pedro, Laguna

CLAIRE ANN D. LOPEZ,

Complainant,

-versus- I.S. No. __________________

For: Malicious Mischief

ERIC R. PAULIN and

JULIAN R. RULL, JR.,
Respondents.
x-------------------------------------------------------x

COMPLAINT-AFFIDAVIT

I, CLAIRE ANN D. LOPEZ, Filipino, of legal age and resident of 2051 P.

Florentino Street, Sampaloc, Manila, after having been duly sworn in
accordance with law, hereby depose and state that:

1. For purposes of this case, I may be served with any and all
resolutions, motions, pleadings, orders and decisions of this Honorable Office
on the abovestated address.

2. The Respondent Eric R. Paulin is a Filipino, of legal age and a

resident of 44 Brgy. San Roque, San Pedro Laguna. Respondent Paulin may be
served with summons and other court processes in the said address.

3. Respondent Julian R. Rull, Jr. is a Filipino, of legal age and a

resident of 44 Brgy. San Roque, San Pedro Laguna. Respondent Rull may be
served with summons and other court processes in the said address.

4. I sought advice from my lawyer and I was informed that the

Respondents Paulin and Rull committed Malicious Mischief as defined and
penalized in and under Article 329 of the Revised Penal Code. The facts and
elements are as follows:

5. I am the owner of a Honda City car with plate number WNQ-459.

Attached herein as Annexes “Ä” and “B” are copies of the Certificate of
Registration and Official Receipt Number 1237244315 as proof of my
ownership of the said vehicle.
 6. On 04 March 2018, at or about 2:14 in the morning, while my car
was parked along Olivarez Home 2, Main Road, Barangay San Roque, San Pedro
City, Laguna, Respondents Paulin and Rull scratched the front right fender,
front right door and rear right door of my car.

7. The identity of the respondents was readily established as I was

able to secure a copy of CCTV footage at the place and during the time of the
incident. Attached as Annex “C” is the copy of the said CCTV footage.

8. I immediately brought the matter to the attention of the PNP

Laguna Provincial Office in San Pedro City and a police report was made on the
same date. Attached as Annex “D” is a copy of the said police report.

9. As a result of the malicious and intentional act of the respondents,

damage was caused to my vehicle. Attached and made integral parts hereof as
Annexes “E”, ”F” and “G” are photographs that clearly show the damage caused
on my vehicle.

10. An initial estimate for the repairs to be done amounted to Twenty

One Thousand Seventy Four Pesos (Php 21, 047.00). Attached and made an
integral part hereof as Annex “H” is a copy of the job estimate issued by Honda
Cars Makati, Inc.

11. As a result of the said incident, I was also constrained to engage the
services of a legal counsel in the amount of Twenty Five Thousand Pesos (Php
25,000.00).

12. Notably, the above-narrated sequence of events clearly shows that

damage was indeed caused to me due to the deliberate and malevolent violation
of the law by the respondents.

13. As advised by my legal counsel, the acts as above-narrated show

that the respondents committed Malicious Mischief as defined and penalized
in and under Article 327 of the Revised Penal Code.

14. My lawyer further explained that the said violation has the
following elements as discussed in Robert Taguinod vs. People of the
Philippines, G.R. No. 185833, October 12, 2011:

(1) That the offender deliberately caused damage to the

property of another;

(2) That such act does not constitute arson or other crimes
involving destruction;

(3) That the act of damaging another's property be committed

merely for the sake of damaging it.
 15. A review of the above facts and documents clearly supports our
claim that the crime of malicious mischief was committed by the
respondents. Correlating the elements above stated to the facts of this case,
it is our position that:

15.1 The first element is present – Evident from the foregoing

and from the police report is the fact that respondents caused damage to
my vehicle.

15.2 The second element is present – The acts of the

respondents do not constitute the crime of arson or any other crime
involving destruction.

15.3 The third element is present – I believe that there are no

other reasons that would justify the act of the respondents in causing
damage to my vehicle.

16. I am executing this Complaint-Affidavit to attest to the truth of the

foregoing and to support a criminal complaint against the above-named
respondents for the crime of Malicious Mischief as defined and penalized in
and under Article 327 of the Revised Penal Code, and for whatever other legal
purpose it may serve.

AFFIANT FURTHER SAYETH NAUGHT.

San Pedro City, Laguna, Philippines, _____ July 2018.

CLAIRE ANN D. LOPEZ

Complainant

SUBSCRIBED AND SWORN TO before me this th day of July 2018 in San

Pedro City, Laguna, Philippines.

__________________________
Asst. City Prosecutor

CERTIFICATION

I hereby certify that I have personally examined the Complainant and I

am satisfied that she voluntarily and freely executed her Complaint-Affidavit
and understood the contents thereof.

____________________________
Asst. City Prosecutor