Complainant: Felimon S. Fuentes vs. Rolly B. Tenoso For: Grave Coercion

FELIMON S. FUENTES VS. ROLLY B.
TENOSO
For : Grave Coercion
Republic of the Philippines

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
City of Paranaque
FELIMON S. FUENTES,
Complainant I.S. No.
For : GRAVE COERCION
-versus-
ROLLY B. TENOSO,
Respondent.
x---------------------------------------------------x
COMPLAINT-AFFIDAVIT
I, FELIMON S. FUENTES, of legal age, Filipino, with residence

address at B2 L12 DONA MAXIMA ST. SOUTHWIND ESTATE SUCAT
ROAD PARANAQUE CITY, after having been sworn to in accordance
with law hereby depose and state THAT:
1.0 I am the private complainant in the instant case for GRAVE

COERCION against RESPONDENT ROLLY B. TENOSO, of legal age and
with residence address at 03 MAG-IMPOK ST., CAA LAS PINAS CITY
where he may be served with subpoena and other legal processes of this
Honorable Office.
For purposes of the instant case, complainant may be served with

subpoena and other legal processes of this Honorable Office at B2 L12
DONA MAXIMA ST. SOUTH WIND ESTATE SUCAT ROAD PARANAQUE
CITY or through ATTY. ERIC P. FUENTES, private complainant’s lawyer
and son, Assistant-Officer-in-Charge of the Public Attorney’s Office–
Las Pinas ;
ALLEGATIONS IN SUPPORT OF THE CAUSE OF ACTION
2.0 Complainant is a tricycle-for-hire operator in BF Homes.

Private Complainant owns several tricycles associated or belonging to
BF DASATA;
1
FELIMON S. FUENTES VS. ROLLY B. TENOSO
3.0 Complainant is the owner of a tricycle with Body Number 610

BF DASATA;
4.0 Complainant and Respondent are parties in a Contract To

Sell of Motor Vehicle dated August 30, 2005, specifically Tricycle with
Body Number 610, wherein Complainant is the Seller and Respondent is
the Buyer;
5.0 In the aforementioned Contract, in case of non-payment of

the buyer, Respondent in this case, for FIVE (5) days installments in one
(1) month, the seller shall have the right to cancel the contact to sell and
all payments made are forfeited in favor of the Seller, Complainant in this
case, and shall have the right to reposses the above mentioned tricycle
even without court order;
6.0 Sometime on December 2007, Respondent came to

Complainant’s house and informed the latter that motorcycle was not in
good condition or not running well and must be repaired at once;
7.0 In view of this, the motorcycle was repaired.
Despite the fact that the Respondent should shoulder the expenses
for the repair, Complainant shouldered the expenses for the repair of the
side-car. As to the motor vehicle itself, the same was repaired only by the
Respondent;
8.0 While the original motor cycle was being repaired,

Respondent requested that the old motor cycle be replaced by a new
motor cycle;
10.0 Complainant told Respondent that they have a contract to

follow. Complainant later on acceded to the request of the respondent.
Complainant offered that he will replace the old motorcycle with a new
one with a condition that a new contract shall be executed wherein the
Body Number 610 remains with him and only the old motor vehicle be
transferred to Respondent to which the latter agreed;
2
11.0 Also part of the agreement, while the new motor cycle is not
yet available, Respondent will continue to pay and follow their existing
Contract to Sell Motor Vehicle to which the Respondent also agreed;
12.0 Before the end of the year 2007, Complainant informed the
Respondent to pay the expenses of the side-car but Respondent refused
to do so;
13.0 Because Respondent refused to pay the expenses for the

repair of the side-car and non-payment of more than five (5) days
installments, Respondent returned the motor cycle sometime on first
week of January 2008 and informed the Complainant that they can no
longer pay and continue the terms of the Contract;
14.0 Despite the fact that their contract is an indivisible contract,

complainant still gave the old motor cycle only to the Respondent. The
side car and the Body Number 610 remained with the Complainant.
Copy of the Deed of Absolute Sale is hereby attached as Annex A;
15.0 On January 2008, to surprise of herein private complainant,

Respondent is prohibiting or preventing herein private complainant’s new
motor cycle with Body Number 610 to run and earn a living at BF
DASATA. Copy of the Complaint is hereby attached as Annex “B”;
16.0 Complainant was able to talk to herein Respondent in their

hearings. Respondent informed the Complainant that Respondent will
not request to lift the suspension of the Motorcycle if the Complainant
will not allow Respondent to be the buyer of the new motorcycle with
Body Number 610;
17.0 Complainant did not hid to Respondent’s request because of

failure of the respondent to comply with some of Complainant’s
requirements such as TRU Identification Card and LTO Driver’s License
and manner of payment pursuant to the Contract;
3
The Respondent has no legal ground to prevent herein private

complainant , by intimidation , to do something not prohibited by
law;
Private Complainant is executing this Complaint-Affidavit to

attest to the truth of the foregoing averments and to formally
charge herein respondent of the crime of Grave Coercion as defined
and penalized under Art. 286 of the Revised Penal Code.
AFFIANT FURTHER SAYETH NAUGHT.
FELIMON S. FUENTES
Complainant
Duly assisted by:
____________________
ATTY. ERIC P. FUENTES
ASSISTANT-OIC
PUBLIC ATTORNEY II
SUBSCRIBED AND SWORN to before me this ____ day of February

2008 in the City of Paranaque.
ADMINISTERING OFFICER
CERTIFICATION
This is to certify that I have personally examined herein Affiant and

that I am satisfied that she voluntarily executed and understood her
statements.
ADMINISTERING OFFICER

Complainant: Felimon S. Fuentes vs. Rolly B. Tenoso For: Grave Coercion

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FELIMON S. FUENTES VS. ROLLY B.

Republic of the Philippines

I, FELIMON S. FUENTES, of legal age, Filipino, with residence

1.0 I am the private complainant in the instant case for GRAVE

For purposes of the instant case, complainant may be served with

ALLEGATIONS IN SUPPORT OF THE CAUSE OF ACTION

2.0 Complainant is a tricycle-for-hire operator in BF Homes.

3.0 Complainant is the owner of a tricycle with Body Number 610

4.0 Complainant and Respondent are parties in a Contract To

5.0 In the aforementioned Contract, in case of non-payment of

6.0 Sometime on December 2007, Respondent came to

7.0 In view of this, the motorcycle was repaired.

8.0 While the original motor cycle was being repaired,

10.0 Complainant told Respondent that they have a contract to

13.0 Because Respondent refused to pay the expenses for the

14.0 Despite the fact that their contract is an indivisible contract,

15.0 On January 2008, to surprise of herein private complainant,

16.0 Complainant was able to talk to herein Respondent in their

17.0 Complainant did not hid to Respondent’s request because of

The Respondent has no legal ground to prevent herein private

Private Complainant is executing this Complaint-Affidavit to

AFFIANT FURTHER SAYETH NAUGHT.

Duly assisted by:

SUBSCRIBED AND SWORN to before me this ____ day of February

This is to certify that I have personally examined herein Affiant and

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