Republic of the Philippines

Department of Justice
National Prosecution Service
Region III
Office of the Prosecutor
Malolos, Bulacan
RICARLITO J. ALIVIO,
Complainant,
versus

NPS Docket No. III-13D-00882

EDUARDO GONZALES AND

VISITACION GONZALES,
Respondents
X-------------------------X

REPLY-AFFIDAVIT

1.

I am called CORONEL in my community in Bulacan because I have the rank of

CAPTAIN as retired from the Philippine Coast Guard, the equivalent of which is
that of an army colonel. I possess an officers commission being a former regular
officer of the Philippine Marine Corps, Philippine Navy and finally the Philippine
Coast Guard. I have hereby attached my identification card as evidence hereof.
(Annex A). The repeated reference to me as CORONEL and used this device
to imply that I am terrorizing him, is an affront to the military service and is a
device to derisively refer to me. I detest such behavior and point out to this office
as reflective of true nature of the personalities of the Respondents. I never did
anything to intimidate him or his family and all I did was to exercise my right to
file a criminal complaint against him.

2.

The Respondents admitted in their counter-affidavit that they accepted for repair
three (3) land cruisers from me. Hence, it is now moot and academic for them to
question the ownership thereof.

3.

The Respondents in their counter-affidavit admitted that the vehicles stayed in

their repair shop for several months. And even assuming for the sake of

argument that they were able to repair it, how come they never notified me that it
was ready for delivery.
4.

It is not true that I took the Land Cruisers on 26 April of 2012. Contrary thereto, I
pulled out the same Land Cruisers on 12 and 13 May of 2012 and I have the
witnesses to prove it.

5.

As a reflection of how ludicrous the claims of the Respondent, I point out to par
12 of their Counter-Affidavit wherein they question how the manner by which the
subpoena was handed over to them.

6.

For the record, the allegations Eduardo Gonzales as stated in Pars 3.a to 3.h, 4.a
to 4.f, of his counter-affidavit are untrue and baseless. I say this for the following
reasons:
a)

If indeed he accepted my land cruiser for repair on the last 3 months of

2011, is it not much delayed that his repairs are not yet finished as of April
2012, as he claims?

b)

Our original agreement is only for body repairs at the price of PhP
8,000.00 and Eduardo Gonzales without my permission took the Yellow
and Red Land Cruiser apart and thus I was compelled to continue with
repairing it.

c)

What is consistent amongst the counter-affidavits of the respondents and

their witnesses is none of them specifically cited the date when they
accepted the Land Cruisers for repair. Its as if they are conveniently
evading the reality and fact that it took them several months and still have

d)

not finished repairs on any of the Land Cruisers.

If indeed he is saying the truth, then how come his statements are not
substantiated by the proper dates. In truth I pulled out my vehicles from
his repair shop on 12 and 13 May 2012 and not 26 April 2012. While I
was pulling out my vehicles on May 12, 2012, it was in fact Eduardo
Gonzales assisted by Ramon Manlapaz, Lloyd Gonzales, his two (2)

brother-in-law; Danilo Hipolito, Ferdinand Hipolito and a new helper who

mounted the lower body of the red land cruiser and after Eduardo
Gonzales finished installing / tying the steering wheel to the body of the
red land cruiser, he became angry that he told me o ayan na, buhatin
mo na ang sasakyan mo at isaksak mo sa baga mo yan
e)

It is not true we agreed that on PhP 50,000.00 for body repairs on the
Land Cruiser. The general market trends in the Bulacan area is that for
general body repairs the usual charge ranges from PhP 20,000.00 to PhP
30,000.00 with the repair shop including purchases for raw materials.
Under his admission, the Respondent overcharged me by PhP 20,000.00
and yet has charged me as well for all raw materials purchases.

7.

I dismiss the claims of Visitacion Gonzales as being purely self-serving. I point

out to the irresponsible manner by which she referred to my demand letter as
being a form of intimidation. Likewise, I also note that she referred to the simple
act of giving her a subpoena as being intimidation. As very well known by this
most honorable office, it was not me who directly caused such personal delivery
by this very office itself.

8.

I also dismiss the claims of Ramon D. Manlapaz as being likewise self-serving

and without any basis. It is clear from its construction alone as being fabricated.
Clearly he makes it appear that the vehicles only stayed for a few weeks when in
fact all of the vehicles remained in their shop for several months in a state of
disrepair.

9.

Just to show how fantastic the defense claims of the Respondents, I point out
that I have several witnesses who are not related to me and I will present more to
show that the Respondents were lying when they claim I took the vehicles on
April 26, 2012 as the truth of the matter is that it was pulled on 12 and 13 May
2012.

AFFIANT SAYETH NAUGHT.

RICARLITO J. ALIVIO

Complainant
Subscribed and Sworn to before me the undersigned Prosecutor, this 3rd of July
2013. The undersigned Prosecutor certifies that he personally examined the affiant and
that he is satisfied that he voluntarily executed and understood his Complain-Affidavit.
Provincial Prosecutor

Republic of the Philippines

Department of Justice
National Prosecution Service
Region III
Office of the Prosecutor
Malolos, Bulacan
RICARLITO J. ALIVIO,
Complainant,
versus

NPS Docket No. III-13D-00882

EDUARDO GONZALES AND

VISITACION GONZALES,
Respondents
X-------------------------X

AFFIDAVIT
I,

Ronaldo Olleras, not of legal age, Filipino, married with residential address

located at 265 Barangay Sampaloc, San Rafael, Bulacan, after having been duly sworn
to in accordance with law do hereby depose and state that:

1.

I am neighbor of both Eduardo Gonzales and Ricarlito Alivio at 266 Barangay

Sampaloc, San Rafael, Bulacan.

2.

On or about 3pm on May 12, 2012, I was called by Rafael Alivio to help his dad
pull out their vehicle from the repair shop of Mr. Eduardo Gonzales.

3.

I initially helped them in assembling all the parts of the vehicles of Rafaels dad
and to transfer them from the repair shop of Mr. Eduardo Gonzales and to their
house nearby.

4.

After we finished around 30 minutes, we finished and then Mr. Alivio, the father of
Rafael asked my help in pushing the Red Land Cruiser from the repair shop of
Mr. Gonzales to their house. Amongst those who helped us was a certain Melvin
Ollares, Ronald Ollares and my 3 sons.

5.

At or about 4pm, another man who was introduced to me as Mr. Leonardo

Santos and was introduced to us as another mechanic arrived and towed away
the red Land Cruiser.

6.

The next day at or around 9:30am, I was again asked by Mr. Alivio and his son
Rafael to help push the Yellow Land Cruiser to their house. After around an hour
Mr. Leonardo Santos arrived and towed the yellow Land Cruiser.

AFFIANT SAYETH NAUGHT.

AFFIANT
Subscribed and Sworn to before me the undersigned Prosecutor,
this_____________________________. The undersigned Prosecutor certifies that he
personally examined the affiant and that he is satisfied that he voluntarily executed and
understood his Complain-Affidavit.
Provincial Prosecutor

Republic of the Philippines

Department of Justice
National Prosecution Service
Region III
Office of the Prosecutor
Malolos, Bulacan
RICARLITO J. ALIVIO,
Complainant,
versus

NPS Docket No. III-13D-00882

EDUARDO GONZALES AND

VISITACION GONZALES,
Respondents
X-------------------------X

AFFIDAVIT
I,

Melvin Olleras, not of legal age, Filipino, married with residential address

located at 265 Barangay Sampaloc, San Rafael, Bulacan, after having been duly sworn
to in accordance with law do hereby depose and state that:
1.

I am neighbor of both Eduardo Gonzales and Ricarlito Alivio at 266 Barangay

Sampaloc, San Rafael, Bulacan.

2.

On or about May 13, 2012, my step son Ronald called me out of our house to
help him push the car of a neighbor.

3.

I then saw Mr. Ric Alivio who asked me help to push his Yellow Land Cruiser from
the repair shop of Mr. Eduardo Gonzales towards his house about 50 or 70
meters away.

4.

As we were having difficulty in pushing the car, I asked him if I can start the
vehicle, so Mr Alivio gave me the key and I tried to start it. After several minutes
and several tries at starting the vehicle, it still will not start. Hence, contrary to the
claims of Mr. Gonzales, the yellow land cruiser was not operational and would
not even start.

5.

After we finished pushing the vehicle, a certain Mr. Leonardo Santos arrived after
about an hour. He was introduced to me by Mr. Alivio after which he started to
tow away the yellow land cruiser.

AFFIANT SAYETH NAUGHT.

AFFIANT
Subscribed and Sworn to before me the undersigned Prosecutor,
this_____________________________. The undersigned Prosecutor certifies that he
personally examined the affiant and that he is satisfied that he voluntarily executed and
understood his Complain-Affidavit.
Provincial Prosecutor

Republic of the Philippines

Department of Justice
National Prosecution Service
Region III
Office of the Prosecutor
Malolos, Bulacan

RICARLITO J. ALIVIO,
Complainant,
versus

NPS Docket No. III-13D-00882

EDUARDO GONZALES AND

VISITACION GONZALES,
Respondents
X-------------------------X

SINUMPAANG SALAYSAY
Ako, Melvin Olleras, 38 taong gulang, Filipino, may asawa, at naninirahan sa
265 Barangay Sampaloc, San Rafael, Bulacan, matapos na makapanumpa alinsunod
sa ipinag-utos ng ating Saligang Batas ay malayang nagsasalaysay ng mga
sumosunod:
1.

Ako ay kapitbahay nila Eduardo Gonzales at Ricarlito Alivio sa 265 Barangay

Sampaloc, San Rafael, Bulacan.

2.

Na noong mga alas 9:30 ng umaga noong May 13, 2012, ako ay tinawag ng
aking stepson na si Ronald Ollares para tulungan ang aming kapitbahay na sina
Gng Ricarlito Alivio at ang kanyang mga anak magtulak ng sasakyan.

3.

Na aking nakita si Gng Ricarlito Alivio at ako ay pinakiusapan silang tulungan

magtulak ng kanyang Yellow Land Cruiser mula sa repair shop ni Eduardo
Gonzales patungo sa bahay ni Gng. Alivio na mga 50 to 70 meters ang layo.

4.

Na hirap na hirap kami itulak ang Yellow Land Cruiser napakaganit itulak nito.
Nakailang pasulong at paurong naming tinutulak ito palabas sa talyer ni Gng.
Eduardo Gonzales dahil hindi basta-basta lumiliko o pumapaling ang mga gulong
nito kahit anong pihit ni Gng. Alivio sa manubela nito.

5.

Na dahil sa nahirapan kaming itulak ang sasakyan, aking tinanong si Gng. Alivio
kung puede kung paandarin ang sasakyan at binigay sa akin ni Gng. Alivio ang
susi nito at sinubukan kung paandarin ito. Matapos ng ilang minuto at matapos
nang ilang pagsubok kung paandarin ito, ang sasakyan ay hindi umaandar kung

saan kabaliktaran ito sa claim ni Gng. Eduardo Gonzales dahil ang Yellow Land
Cruiser ay hindi operational at hindi nga ito mag start.
6.

Matapos namin maitulak ang Yellow Land Cruiser at matapos ang mahigit isang
oras, dumating ang dalawang (2) mekaniko na aking napagalaman at ipinakilala
sa amin ang isa na si Gng. Leonardo Santos at at hinila na nila ang Yellow Land
Cruiser matapos nila itong paikot-ikot na suriin.

AFFIANT SAYETH NAUGHT.

Melvin Olleras
AFFIANT
Subscribed and Sworn to before me the undersigned Prosecutor,
this_____________________________. The undersigned Prosecutor certifies that he
personally examined the affiant and that he is satisfied that he voluntarily executed and
understood his Complain-Affidavit.
Provincial Prosecutor

Republic of the Philippines

Department of Justice
National Prosecution Service
Region III
Office of the Prosecutor
Malolos, Bulacan
RICARLITO J. ALIVIO,
Complainant,
versus
EDUARDO GONZALES AND
VISITACION GONZALES,
Respondents
X-------------------------X

NPS Docket No. III-13D-00882

SINUMPAANG SALAYSAY
Ako, Ronaldo D. Olleras, 17 taong gulang, Filipino, binata at nannirahan sa
265 Barangay Sampaloc, San Rafael, Bulacan, matapos na makapanumpa alinsunod
sa ipinag-uutos ng ating Saligang Batas ay malayang nagsasalaysay ng mga
sumusunod:
1.

Ako ay kapitbahay nila Eduardo Gonzales at Ricarlito Alivio sa 265 Barangay

Sampaloc, San Rafael, Bulacan.

2.

Na noong mga alas 3 ng hapon noong May 12, 2012, ako ay tinawag ni Raphael
Alivio para tulungan ang kanyang tatay na si Gng. Ricarlito Alivio para i-pull out
ang kanilang sasakyan sa repair shop ni Eduardo Gonzales.

3.

Na initially, tinulungan ko sila pagipunin ang mga baklas na parts ng sasakyan ng

tatay ni Raphael at amin itong hinakot mula sa talyer ni Eduardo Gonzales
papunta sa bahay nila Gng. Ricarlito Alivio.

4.

Na matapos ang mahigit 30 minuto, natapos naming ang paghakot, pinakiusapan

ako uli ni Gng. Ricarlito Alivio na tulungan silang itulak ang pulang sasakyan
mula sa repair shop ni Eduardo Gonzales patungo sa tapat ng bahay nila Gng.
Alivio. Katulong naming sa pagtulak ang 3 anak ni Gng. Alivio na si Raphael,
Ren-Ren at John-John.

5.

Na mga alas 4 ng hapon, dumating ang dalawang mekaniko na aking

napagalaman at ipinakilala sa amin ang isa na si Gng. Leonardo Santos at hinila
nila ang pulang sasakyan ni Gng. Ricarlito Alivio matapos nila ito kumpunihin
para sa maisaayos ang paghila nila nito.

6.

Na kinabukasan mga 9:30 nang umaga, ako ay pinakiusapan uli ni Gng. Alivio
ang ng kanyang anak na si Raphael para aming itulak ang Yellow Land Cruiser
mula sa repair shop ni Eduardo Gonzales patungo sa tapat ng bahay ni Gng.
Ricarlito Alivio. At matapos ang mahigit isang oras, dumating uli sila Gng
Leonardo Santos at kasama at hinila nila Yellow Land Cruiser matapos nila itong
paikot-ikot na suriin.

7.

Na hirap na hirap kami itulak ang Yellow Land Cruiser napakaganit itulak nito.
Nakailang pasulong at paurong naming tinutulak ito palabas sa talyer ni Gng.

Eduardo Gonzales dahil hindi basta-basta lumiliko o pumapaling ang mga gulong
nito kahit anong pihit ni Gng. Alivio sa manubela nito.
AFFIANT SAYETH NAUGHT

Ronaldo D. Olleras
AFFIANT
Subscribed and Sworn to before me the undersigned Prosecutor, this 3rd of July
2013. The undersigned Prosecutor certifies that he personally examined the affiant and
that he is satisfied that he voluntarily executed and understood his Complain-Affidavit.

Assistant Provincial Prosecutor

SUBSCRIBED AND SWORN to before me, this __ day of April, 2013

at _____________________________ City, Philippines with affiant
exhibiting
his
CTC
No._______________,
issued
on
______________________ at _________________________.
_________________________
(Assistant Provincial Prosecutor)

CERTIFICATION

THIS IS TO CERTIFY that I have personally examined the Affiant and

that I am satisfied that he understood all the contents of his statement to be
the truth and that he voluntarily executed the same.

____________________
(Administering Officer)