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. NAVARROComplainant/Affiant

SUBSCRIBED AND SWORN to before me on the same date and place.