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REPUBLIC OF THE PHILIPPINES )

MANDAUE CITY. . . . . . . . . . ) S.S.

AFFIDAVIT-COMPLAINT
I, MARIELITA CENIZA, Filipino, of legal age, a resident of c/o Brgy.
Kagawad, Blanca Oporto, P. Remedio St., Banilad, Mandaue City, after having
been duly sworn to, in accordance with law, depose and say:
1. I know personally MANUEL CAPISNON whose address is Baterea, Daan
Bantayan, Cebu. Sometime Febuary 2007, this Manuel Capisnon
approached and convinced me to encash his two (2) postdated checks,
details of which are indicated below:
BANCO DE ORO Check No. 0461365.March 7, 2007..P
50,000.00
BANCO DE ORO Check No. 0461366.March 8, 2007..P
50,000.00
2. To entice me in agreeing to his request, Manuel Capisnon offered a 3%
discounting deduction from the aforesaid checks, in my favor or P
3,000 discount. A net amount of P 97,000 would be the amount he
would received from the total value of his checks which was P 100,000.
3. When I inquired who was the issuer of the checks, Manuel Capisnon
explained that the issuer was MINA SEVILLA LIM, owner of Mactan New
Hope Lumber with address at, near Petron Gas Station, Lapu-lapu City.
He further told me that the checks were issued to him as payment for
various pieces of lumber he has delivered to the said Mina Sevilla Lim.
4. I declined the request of said Manuel Capisnon in discounting above
checks but he persisted. And he offered further to accompany me and
my friend, Cecil Castro to the place of said Mina Sevilla Lim to verify if
indeed said checks were issued by her. To this matter Mina Sevilla Lim
confirmed that the subject checks were issued by her to Manuel
Capisnon. Mina Sevilla Lim further assured me that I should not worry
about the funding of the checks upon deposit by me for it will be surely
funded.
5. Because of the insistence of Manuel Capisnon and his promises that
the subject checks would be duly funded and made good upon
maturity and upon deposit to my account I finally relented. Thus, I
handed to him my cash of P 97,000 and simultaneously Manuel
Capisnon handed to me his afore stated checks. I would not have
parted with my money had it not been the persistent assurances of
Manuel Capisnon that the said checks will be duly funded upon deposit
once it matures, either by Mina Sevilla Lim or by himself.
6. The promises and assurances of Manuel Capisnon and Mina Sevilla Lim
convinced me that the checks would be indeed good upon deposit. But
to my great disappointment resulting to my financial damages to the
amount of

P 97,000, the above checks bounced after I deposited the same to my


account. Machine copies of these checks hereto attached respectively
marked Annex A and Annex B. The reason for the return is Account
Closed.
7. Immediately after the returned of the above checks I notified Manuel
Capisnon about its dishonor and similarly demanded for the P 97,000,
net of discount. I also informed Mina Sevilla Lim about the returned of
her checks. Both Manuel Capisnon and Mina Sevilla Lim promised and
committed to me that they will pay me the subject amount of P
97,000. To my great prejudice resulting to other expenses I have
incurred, these persons did not fulfill their assurances. I finally referred
this matter to a lawyer for legal assistance. Consequently my lawyer
wrote them a letter regarding the dishonor of the subject checks and
similarly the demand to pay me the cash value of the same. The same
did not merit a reply or attention from Manuel Capisnon and Mina
Sevilla Lim. A machine copy of the letter hereto attached marked
Annex C.
8. Manuel Capisnon and Mina Sevilla Lim conspired and were united in
their purpose to swindle me of the above amount of P 97,000. Mina
Sevilla Lim owner of the checking account with Banco De Oro, issued
the checks to Manuel Capisnon who fraudulently convinced me to
discount the subject checks, taking advantage of our friendship and
acquaintance.
9. Aside from the P 97,000 net discounted cash value of the worthless
checks I have given to Manuel Capisnon I suffered damages in the form
of attorneys fees for P50,000 in prosecuting this case against abovenamed persons.
10.
I am executing this affidavit-complaint to attest the truth of the
foregoing facts and inorder to charge for Estafa, under Par. 2, (d),
Revised Penal Code, MANUEL CAPISNON, Baterea, Daan Bantayan,
Cebu and MINA SEVILLA LIM, with address at, Mactan New Hope
Lumber, near Petron Gas Station, Lapu-lapu City.
IN WITNESS WHEREOF, I have hereunto affixed my signature this _____
day of January 2008 at Mandaue City.

MARIELITA CENIZA
Affiant
SUBSCRIBED AND SWORN TO before me, this 4th day of January 2008
at Mandaue City, Cebu.

I hereby certify that I have personally examined the affiant and I am


satisfied that she fully understood and voluntarily executed the same.

REPUBLIC OF THE PHILIPPINES )


MANDAUE CITY. . . . . . . . . . ) S.S.

AFFIDAVIT
I, Vicente Morelos, Filipino, of legal age, married, a resident of Jagobiao,
Mandaue City, after having been duly sworn to, in accordance with law,
depose and say:
1. On three occasions last August and on many instances last
September I was with Atty. Roberto R. Arendain in going to his
residence at Hermag Village, Pagsabungan, Mandaue City.
2. On those three instances last August which dates I cannot recall,
the guard at Hermag Village immediately pulled down the steel bar
upon seeing the car of Atty. Arendain approaching. I was surprised
on the first occasion of which Atty. Arendain told me that he has a
pending case against the officers of the Hermag Village
Homeowners Association regarding unpaid monthly dues. And the
guards were under instructions by those officers or those concerned
to bar the passage of Atty. Arendain, unless he would be the one to
raise the steel bar or anybody with him who will do it for him.
3. Those three instances last August happened at around 6:00 or 6:30
oclock in the afternoon when we came in to the village from
Mandaue City where Atty. Arendain holds office. There were several
persons around the guardhouse and they were amused and
laughing on the acts of the guard who apparently enjoyed his
having subjected Atty. Arendain to embarassment.
4. On these three instances, I am referring to above, I was the one who
loosened the rope holding the steel bar, so that it can be raised for
our passage. The guard who later on I know from Atty. Arendain as
Martin Andanan, was armed with a firearm who stood up with a very
harsh and provocative disposition looking at me and to Atty.
Arendain, who was driving the vehicle. The attitude of said Martin
Andanan was very intimidating.
5. I have seen personally the street frontage of Atty. Arendains
residence. It is not concreted and due to the uneven road condition,
there is always the risk that the under chassis of a car will scrape
the protruding portion of said frontage. Atty. Arendain told me that

such unconcreted portion of the street fronting his house and two
other houses, caused his deferment to pay monthly dues.
6. For September this year I rode with Atty. Arendain on many
instances from Mandaue City to his residence. I have to accompany
him for the purpose of raising the steel bar that is intentionally
brought down by said Martin Andanan or another new guard whom I
know later to be Rico Sinangote, everytime they see the car of Atty.
Arendain approaching. It is not only embarrassing to him or even to
myself that is only assisting him, but likewise very inconvenient on
those instances, when raining. It was also on this month September
2007, that I have seen this new guard Rico Sinangote who also
executed the same illegal acts of barring the passage of Atty.
Arendain similar to the acts of Martin Andanan. In the same manner,
the said Rico Sinangote would stand up everytime I approach the
guardhouse to loosen the rope so that the steel bar can be raised
staring at me angrily and in a very provocative manner with his side
arm prominently tucked on his waistline for me to see.
7. I am executing this Affidavit to affirm the truth of the foregoing facts
and to support whatever criminal complaint Atty. Arendain will file
against Martin Andanan and Rico Sinangote whose contact address
for both, is Hermag Village Homeowners Association guardhouse.
IN WITNESS WHEREOF, I have hereunto affixed my signature this ___
day of October 2007 at Mandaue City.

VICENTE MORELOS
Affiant
SUBSCRIBED AND SWORN TO before me, this ____ day of October 2007
at Mandaue City, Cebu.

I hereby certify that I have personally examined the affiant and I am


satisfied that he fully understood and voluntarily executed the same.

REPUBLIC OF THE PHILIPPINES )


MANDAUE CITY. . . . . . . . . . ) S.S.

AFFIDAVIT OF NO-CLAIM
I, REYNALDO E. ALFAR, Filipino, of legal age, married, a resident of
Lawaan II, Talisay City, Cebu, after having been duly sworn to, in accordance
with law, depose and say:
I
1. I am the registered owner of a car with the following descriptive
details:
Make
Model
Type of Body
Plate No.
Serial/Chassis
Motor No.
BLT File No.

:
:
:
:
No.:
:
:

Nissan
1990
Sentra/ Sedan
GDG 620
CLB12 C26836
GA13 61530B
0716 - 59393

2. My aforedescribed vehicle was damaged when it was rammed from


behind by a CTC Taxi cab at Bulacao, Pardo , Cebu City on
September 16, 2007. The incident was blottered at CITOM Office,
Cebu City
3. In connection with the damages I suffered arising from the foregoing
incident, I did not file any claim from my Insurance Company which
is South Sea Surety and Insurance Company, Inc. with business
address at Suite 501, 5th Flr., East Tower, Philippine Stock Exchange
Center, Exchange Road, Ortigas Complex, Pasig City, Philippines,
under Policy No. NLTO-PC No. 376409, issued on October 31, 2006.
Instead, I demanded from the owners of CTC Taxi cab the
appropriate repairs to be effected to my damaged car which they
have granted.
4. I am executing this Affidavit to attest the truth of the foregoing facts
and inorder to put into record that I have not filed any claim with
the aforenamed Insurance Company and instead opted to demand
the appropriate repairs from the owners CTC Taxi cab through their
Insurance Company, Great Domestic Insurance Company, Inc.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 9 th
day of October 2007 at Mandaue City.

REYNALDO E. ALFAR
Affiant
SUBSCRIBED AND SWORN TO before me, this 9th day of October 2007
at Mandaue City, affiant exhibiting his Community Tax Certificate No.
13520053 issued on July 23, 2007 at Talisay City, Cebu.
Doc. No.: _____
Page No.: _____
Book No.: _____
Series of 2007

REPUBLIC OF THE PHILIPPINES)


MANDAUE CITY. . . . . . . . . . ) S.S.

AFFIDAVIT
I, JERSON C. MATURAN, Filipino, of legal age, married, a resident of
Victor Village II, Tres de Abril St., Labangon, Cebu City, after having been duly
sworn to, in accordance with law, depose and say:
5.

I am in the process of engaging in the copier business with the


tradename Excellence Copier Services doing business at Victor
Village II, Tres de Abril St., Labangon, Cebu City;

6.

In connection with the said businesss I have to secure the


appropriate registration and business permits with the City
Government of Cebu. For that concern I was requested to
secure the proper registration papers from the Bureau of
Internal Revenue (BIR), Mandaue City. The BIR, because of this
concern requested undersigned affiant to submit a lease
contract with the owner of the small dependency annexed to a
house, I am anticipating to use as my place of business.

7.

In connection with the foregoing I would like to declare under


oath that I would not be paying rentals to the said small
dependency annexed to a house, the owner being a close
friend of this affiant.

8.

I am executing this affidavit to attest the truth of the foregoing


facts.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 8 th


day of October 2007 at Mandaue City.

JERSON C. MATURAN
Affiant

SUBSCRIBED AND SWORN TO before me, this 8th day of October 2007
at Mandaue City, affiant exhibiting his Community Tax Certificate No.
11628936 issued on September 28, 2007 at Cebu City.
Doc. No.:_____
Page No.:_____

Book No.:_____
Series of 2007

REPUBLIC OF THE PHILIPPINES)


MANDAUE CITY. . . . . . . . ) S.S.

AFFIDAVIT OF LACK OF BAPTISMAL RECORD


I, EXPEDITA B. ARENDAIN, Filipino, of legal age, married, a resident
of Matnog, Putat, Tuburan, Cebu, after having been duly sworn to, in
accordance with law, depose and say :
1.
2.
3.

4.

5.

I am married to Zosimo A. Arendain and from our marital union


we have children and among them is Jessie B. Arendain who is
now of legal age.
My aforenamed son is presently working with Primary
Structures, Inc. with business address at V. Rama Ave., Cebu
City;
In connection with his employment my son was requested by
his employers to secure a baptismal certificate from the St.
John, the Baptist Church, at Tabuelan, Cebu where we were
then residing and whereon my son was baptized in accordance
with the rites of the Roman Catholic Church;
The aforenamed parish church could not issue such a
baptismal certificate for according to its staff, the baptismal
records of the church did not reflect such baptism. Such lack of
baptismal records in aforesaid church is definitely erroneous
for this affiant was personally present when the baptismal
ceremony was performed by then Rev. Fr. Vicente Dayao on
May 15, 1982. The sponsors were Patricio Bravo and Diosdada
Bravo, both residents of Tabuelan, Cebu;
I am executing this Affidavit to attest the truth of the foregoing
facts and inorder to use this sworn statement in the
employment files of my son with Primary Structures, Inc. in lieu
of his baptismal certificate which are allegedly missing in the
records of the St. John, the Baptist Church, Tabuelan, Cebu.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ____


day of October 2007 at Mandaue City.

EXPEDITA B. ARENDAIN
Affiant

SUBSCRIBED AND SWORN TO before me, this ____ day of October 2007
at Mandaue City, affiant exhibiting her Community Tax Certificate
No.05820037 issued on September 23, 2007 at Tabuelan, Cebu.

Doc. No.:_____
Page No.:_____
Book No.:_____
Series of 2007

REPUBLIC OF THE PHILIPPINES)


CITY OF TOLEDO . . . . . . . ) S.S.

AFFIDAVIT
Ako si SOLEDAD MAASIN, Pilipino, sa hustong edad, nag puyo sa Bato,
Toledo City, human manumpa pinasikad sa balaod, mosulti niining mosunod;
1. Sa dugay nang katuigan, personal nakong kaila si Francisco
Heraldez ug ang iyang asawa nga si Concepcion Heraldez. Kini sila nanag
puyo sab sa Bato, Toledo City.
2. Ako sab nga kaila sa dugay nang panahon si Marcelino Macapobre,
usa usab ka molupyo sa Bato, Toledo City, nga namatay niadtong 1993, nga
ang hinungdan usa ka disgrasya sa sakyanan.
3. Kaila nako ang magtiayong Heraldez kay ang iyang asawa nga si
Concepcion usa man ka mananambal sa binasaya nga pinaagi. Usa ko sa
nagpatambal sa iya. Gawas pa niana, dili man kaayo dako ang Bato ug
kadaghanan sa molupyo, mag kailahanay man.
4. Mahitungod sa kang Marcelino Macapobre, ako sad siyang kaila ug
ang iyang pamilya tungod kay mga inila man sila sa lugar ug gawas pa
niana, usa man ko ka barangay tanod ug tungod sa akong trabaho,
kadaghanan sa molupyo akong nailhan.
5. Akong nahibaloan nga kini si Francisco Heraldez ug ang iyang
pamilya, gi tugutan pagpa puyo sa lote ni Marcelino Macapobre. Kining
maong butang na sulti kanako ni Concepcion Heraldez sa usa sa mga
higayon nga nagpatambal ko kaniya ug akong napangutana ngano nga
nakabalay man sila sa maong lugar. Mitubag si Concepcion nga sa
sinugdanan, mihangyo sila kang Marcelino Macapobre nga mopuyo ug sila
gitugutan. Mi sumpay pa siya pag ingon nga ila na lang gitamnan usab ang
mga silinganan, iyawat sa ilang panginahanglan sa pagkaon, sama sa saging
ug kamote.
6. Kini si Marcelino Macapobre ug iyang pamilya may usa sad ka
parcela nga yuta duol sa akong balay. Gipuy-an kini ni Toria Genon. Sa usa sa
mga higayon nga miadto si Marcelino Macapobre sa maong yuta,
nagka
sulti mi mahitungod sa mga abangan sa mga tawo nga nagpuyo sa iyang
mga yuta. Ug mitubag siya nga wala siyay gipaabang kun di gipapuyo lang
sila isip tabang sa ilang panginahanglan pero, kinahanglan mopahawa sila
kun kinahanglanon na niya o sa iyang mga sumusunod.
9

7. Kining maong Affidavit akong gihimo pagmatuod sa ka tinuod sa


nabatbat sa ibabaw. Ug aron pag sulti nga sa akong nahibaloan, si Francisco
Heraldez dili saop sa mga Macapobre kun dili, gitugutan lang pagpuyo sa usa
sa ilang lote.
Aron sa pagmatuod, akong pirmahan kining maong affidavit karong
Enero 9, 2005, dinhi sa cyudad sa Toledo.

SOLEDAD MAASIN
Ang nanumpa
SUBSCRIBED AND SWORN TO BEFORE ME, this ____ day of January
2005, at Toledo City.

REPUBLIC OF THE PHILIPPINES)


CITY OF MANDAUE . . . . . . . . ) S.S.

AFFIDAVIT OF ISSUANCES OF ACCOUNTABLE FORMS


I, JEMMAFIL PASCUA, Filipino, of legal age, married, a resident of c/o
Isuzu Mandaue, Inc., Jagobiao, Mandaue City, after having been duly sworn
to, in accordance with law, depose and say :
1. That I am the Accounting Assistant of Isuzu Mandaue, Inc. doing
business at Jagobiao, Mandaue City;
2. It is in aforesaid capacity that I am declaring under oath that the
following accountable forms were issued by my employer for the
period of January2004 to December 2004, and the same submitted
in loose-leaf book binding to the Bureau of Internal Revenue (BIR)
RDO Office No. 080, Mandaue City. To wit:
Official Receipts (January December 2004)
Inv.No. 33791-42371
Parts Sales Invoices (January December 2004) Inv.No.24606-31695
Accessories Sales Invoices (January December 2004)
Inv.No.5543-6481
Service Sales Invoices (January December 2004)
Inv.No.1482219500
Vehicles Sales Invoices (January December 2004) Inv.No.2601-3114
Provisionary Receipts (January December 2004) Inv.No.3697-4955
Cash Receipts Register (January December 2004)
Parts Sales Register (January December 2004)
Accessories Sales Register (January December 2004)
Service Sales Register (January December 2004)
Vehicle Sales Register (January December 2004)
Cash Disbursement Voucher Register (January December 2004)
General Ledger Register (January December 2004)

10

3. That this Affidavit is executed in compliance to the requirements of


BIR for the use of loose-leaf recording from our computer-generated
books of accounts.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 31st
day of January 2005 at Mandaue City.

JEMMAFIL PASCUA
Affiant
SUBSCRIBED AND SWORN TO before me, this 31st day of January 2005
at Mandaue City, affiant exhibiting her Community Tax Certificate
No.15995339 issued on January 23,2005 at Mandaue City.

REPUBLIC OF THE PHILIPPINES)


CITY OF MANDAUE . . . . . . . .) S.S.
AFFIDAVIT
I, FERDINAND SY, Filipino, of legal age, married, a resident of _________,
after having been duly sworn to in accordance with law, depose and say :

11

Republic of the Philippines


Mandaue City

)
) s. s.

AFFIDAVIT
I, CORNELIO A. LOPEZ, Filipino, of legal age, married and a resident of
Kinawahan, San Remigio, Cebu, after having duly sworn to, in accordance
with law, depose and say, THAT :
I am an associate of Atty. Roberto R. Arendain in his law office being a
lawyer.
On January 16, 2005 in the morning, while I was in Hilusig, Mahaplag,
Leyte to visit my family, Atty. Arendain called me up via cellular phone of my
brother-in-law and requested me to appear before some cases in the
Municipal Circuit Trial Court, Tuburan, Cebu on January 17, 2005 on the
ground that he is not available on said date due to prior commitment on
some cases of equal import.
He did not mention the case titles but I assured Atty. Arendain anent
his request to appear in Tuburan and told me to just pick-up the case folders
in his residence to which I agreed.
However, when I woke up at about 2:00 oclock in the afternoon of
January 16, 2005 while I was about to leave for Ormoc City to board a ship
bound for Cebu City, I was chilling due to high fever brought about by
tonsillitis so I was not able to leave for Cebu City on that day.
Due to distance from the town and non-availability of telephones and it
happened that my brother-in-law who has a cellular phone left earlier for
Baybay, Leyte, I was not able to inform Atty. Arendain about the situation. I
only happened to inform Atty. Arendain about the real situation in the
afternoon of the following day.

12

I am executing this affidavit to attest to the foregoing statements and


for whatever purpose this may serve.
IN WITNESS WHEREOF, I hereunto affix my signature this ____ day of
February 2005, in Mandaue City, Philippines.

CORNELIO A. LOPEZ
Affiant
CTC No. ___________
Issued on___________
Issued at____________
SUBSCRIBED AND SWORN TO, before me this____ day of February
2005, in Mandaue City, Philippines.
Doc. No.______
Page No.______
Book No.______
Series of 2005

REPUBLIC OF THE PHILIPPINES)


TABUELAN, CEBU
. . . . . . . .) S.S.

AFFIDAVIT-SUMBONG
KAMI, MAGTIAYONG BALBINO R. CABILLADA ug FRANCISCA G.
CABILLADA, mga Filipino, sa hustong edad, mga lumupyo sa Tabunok,
Tabuelan, Cebu, human manumpa pinasikad sa balaod, mosulti niining
mosunod :
1. Kami nanag-iya ug usa ka parcela nga yuta nga naa mahimutang sa
Tabunok, Tabuelan, Cebu. Ang among pagkatag-iya gisupurtahan sa Tax
Declaration No.01-45-06221. Ang usa ka kopya sa maong Tax Declaration
among giuban niining sumbong minarkahan ug AnnexA, ug nahalambigit
sa maong sumbong. Ang maong yuta naay gidakon nga 2,397 sq.mtrs., kapin
kun kulang.
2. Ang among pagpanag-iya sa giingong yuta ug pagkupot niini
pinaagi sa pag-uma, daghan na kaayong katuigan. Ug kada tuig, kami nag
bayad sa buhisan sa lungsod sa Tabuelan, Cebu. Ang among pagkatag-iya,
pagkupot ug pag-uma sa maong yuta, gitumban ug gipanamas-tamasan
niadtong Pebrero 16,2005, niining mga tawong gihinganlan sa ubos :
Fedencio Andrade

Barangay Kapitan, Tabunok, Tabuelan,

Cebu
Joen Behasa
Lolita Guinita

-Barangay Konsehal, Tabunok, Tabuelan, Cebu


- Barangay Konsehal, Tabunok, Tabuelan, Cebu

Allan Tudlasan

- Barangay Konsehal, Tabunok, Tabuelan, Cebu


13

Manuel Trazo
Osteniano OrculloNelson Custodio Romeo Poloyapoy
Rufo Doe
-

- Barangay
Barangay
Barangay
- Barangay
Barangay

Konsehal, Tabunok, Tabuelan, Cebu


Konsehal, Tabunok, Tabuelan, Cebu
Secretary, Tabunok, Tabuelan, Cebu
Tanod, Tabunok, Tabuelan, Cebu
Tanod, Tabunok, Tabuelan, Cebu

3. Ang mga barangay opisyales nga nahinganlan sa ibabaw, mitunob


ug nanamastamas sa katungod sa pagpanag-iya niining nanag-sumbong
tungod sa walay pagtugot, ilang giguba ang kural nga kahoy, gu-od ug
alambre sa maong nahisgutang yuta ug sa dihang naka sulod na sila, ilang
gitukod ug gi-ugbok ang mga kahoy para himuon kuno nga Health Center.
Ang ilang gitukod may gidak-on nga 30 ngadto sa 40 metro kwadrado.
4. Ang pagsulod sa mga sinumbong dili lang kay walay pagtugot kun
dili, gihimo sab uban ang panghadlok kay sila nag dala ug mga hait nga
hinagiban, sama sa sundang ug mga tigib. Daghan usab sila. Sa ilang
pagsulod sa gihisgutang yuta, ang nag sumbong nga si Francisca G.
Cabillada ug uban sa usa niya ka anak babaye, labihan kalisang ug walay
nahimo tungod sa kakalit sa panghitabo ug tungod lagi sa misulod nga mga
sinumbong nga daghan ug mga armado pa.
5. Nahibaluan sa nanag-sumbong dinhi nga ang hinungdan nga
gitukod ug gi-ugbok sa mga gihinganlang opisyales sa ibabaw mao nga ang
among yuta kuno among gihatagan ang Barangay Tabunok, Tabuelan, Cebu,
ug 300 metro kwadrado, niadtong tuig 1989. Apil niining sumbong ang
papeles nga giingon sa mga sinumbong nga maoy ilang gibasihan sa pag
sulod nga walay pagtugot ug pang hadlok sa among yuta. Kining maong
papeles among giapil niining sumbong minarkahan AnnexB.

6. Dili tinuod nga kami nag nanag-sumbong mi hatag ug 300 metro


kwadrado sa Barangay Tabunok, Tabuelan, Cebu. Pero kami mo admitar nga
misaad ug 30 metro kwadrado nga among ihatag sa among barangay kun
kini tukuran dayon ug Health Center.
Nahitabo ang maong pagsaad
niadtong 1989. Pero tungod kay wala man dayon matukod ang maong
Health Center, wala namo ipadayon ang maong paghatag. Angay nga
hinumduman nga milabay na ang 15 ka tuig sukad sa maong pagsaad namo
nga mohatag ug 30 metro kwadrado, kondisyon nga himuon ug tukuron
dayon ang Health Center. Wala matuman ang kondisyon, ug mao nga wala
sab namo ipadayon paghatag ang 30 metro kwadrado nga yuta, nga tipak
unta sa yuta nga gilangkuban sa Tax Declaration No.01-45-06221.
7. Kining nanag-sumbong wala makahibalo kun unsay angay nilang
ipasaka nga kaso kriminal ug administratibo, batok sa mga sinumbong. Sila
walay dagko nga kina-adman. Puro lang sila kwarto grado sa elementarya.
Sila misumbong niining halangdong opisina sa Ombudsman aron mangayo
ug hustisya sa pagyatak sa ilang katungod. Kay kun aduna may katungod
ang Barangay Tabunok, Tabuelan, Cebu, tungod nianang papeles nga ilang
gipakita mahitugnod sa among pagsaad ug 30 metro kwadrado, nga ilang
giingon nga 300 metro kwadrado, ila unta kaming gikiha sa hukmanan aron
pagkuha sa ilang katungod, pero dili kay ilang gub-on ang kural sa among

14

yuta ug unya, magtukod sila ug usa ka Health Center sa wala namoy


pagtugot ug tungod sa among kalisang.
8. Sa pagkakaron, amo nang gipasakaan ug sumbong sa
pagpapahawa tungod sa pagsulod nga walay pagtugot batok sa mga tawo
nga gihinganlan sa ibabaw. Pero tungod kay sila mga opisyales sa gobyerno,
kining nanag-pirma sa ubos, mipasaka niining sumbong niining halandong
opisina ug nanghinaot nga hatagan kini ug pagtagad, aron ang ilang
nahiaguman nga abuso sa maong mga opisyales, dili mahitabo sa uban.
9. Sa pagmatuod niining tanan, among gipirmahan kining affidavitsumbong sa Tuburan, Cebu, niiining ika ____ nga adlaw sa Marso 2005.

BALBINO R. CABILLADA

FRANCISCA G. CABILLADA

CTC No.
Issued on
Issued at

CTC No.
Issued on
Issued at

Nanag-sumbong

Nanag-sumbong

SUBSCRIBED AND SWORN TO before me, this ____ day of March 2005
at Tuburan, Cebu, affiants exhibiting their Community Tax Certificate Nos.,
below their names above.

Doc. No.______
Page No.______
Book No.______
Series of 2005

REPUBLIC OF THE PHILIPPINES)


CITY OF MANDAUE . . . . . . . .) S.S.

JOINT-AFFIDAVIT
WE, CRISTITO ARCILLAS, Filipino, of legal age, a resident of Mantuyong,
Mandaue City; and ROMEO DESTACAMENTO, likewise Filipino, of legal age, a
resident of Maharlika, Tipolo, Mandaue City, after having been duly sworn to
in accordance with law, depose and say :
1. We are drivers of Esger Leyson, owner/proprietor of E.C. Trucking,
with business address at Guizo, Mandaue City. There are five (5) of us
working with said proprietor as drivers. The others are : Teodoro dela Pena,
Fernando Santito, and Alan Sugarol.

15

2. We personally know Hugo Quibido, Jr.. He is a mechanic-driver. He


used to repair the five (5) trucks of our employer. When the 5 th truck was
acquired, which is also a second-hand unit, the said mechanic was hired by
Mr.Esger Leyson as relief driver, on November 2003. This has to be resorted
to, because Mr.Leyson who used to drive one of the units, now has to attend
to canvassing of customers and to collect accounts.
3. Prior to the hiring of Hugo Quibido, Jr., we likewise know that after
each repairs, he is paid for such and thereafter, Mr.Leyson has nothing more
to do with what Hugo Quibido, Jr. does. He usually will immediately leave the
premises of Mr.Leyson after the subject repairs.
4. From November 2003 and until August 2004, Hugo Quibido, Jr. was
with us as a driver and doing some repairs in some instances. But he did not
report anymore on August 2004. We know this fact because of the problem
created by the failure of said driver to report. Consequently, we also know
that our employer went to the house of said mechanic-driver to perhaps
inquire why Hugo Quibido, Jr, did not report for work anymore. Later on, we
also know that Mr.Leyson directed Fredie Ursal to likewise go to the house of
said person and we assume that he again requested Hugo Quibido, Jr. to
report for work considering the urgent need for his services. At that
moment, undersigned affiant, Cristito Presillas, who was then assisting
Mr.Leyson in canvassing and in collections, has to fill-up what has been
vacated by Hugo Quibido, Jr..
5. Since August 2004, Hugo Quibido,Jr, did not report anymore to work.
And it was known by us lately that he filed a case of illegal dismissal against
our employer.
6. As employees of Mr.Leyson, we are receiving P200 daily, with an
additional P40., likewise daily, as meal allowance, or a total of P240. daily.
We only operate within greater Cebu City area, because of the condition of
our trucks, which are all second-hands. We do not serve Cebu province
because of the risks of breakdowns. And we do not work during holidays
considering that the customers of Mr.Leyson are business firms, who are
usually closed during holidays. All these are also applicable to the services of
Hugo Quibido, Jr.
7. That we are executing this affidavit to attest the truth of the
foregoing facts.

IN WITNESS WHEREOF, we have hereunto affixed our signatures this


____ day of March 2005 at Mandaue City.

CRISTITO ARCILLAS

ROMEO DESTACAMENTO

Affiant

Affiant
16

CTC No.11106475
CTC No.11106501
Issued on March 17, 2005
Issued on March 17, 2005
Issued at Mandaue City
Issued at Mandaue City

SUBSCRIBED AND SWORN TO before me, this ____ day of March 2005
at Mandaue City, affiants exhibiting their Community Tax Certificate Nos.
below their names above.

Doc. No.______
Page No.______
Book No.______
Series of 2005

REPUBLIC OF THE PHILIPPINES)


CITY OF MANDAUE . . . . . . . .) S.S.

AFFIDAVIT

17

AKO, si FREDITO URSAL, Filipino, sa hustong edad, minyo, nagpuyo sa


Bagay, Daan Bantayan, Cebu, human manumpa pinasikad sa balaod, mosulti
niining mosunod :
1. Niadtong Agusto 2004, gi sugo ko ni Esger Leyson pag adto kang
Hugo Quibido, Jr., nga naa mag puyo sa Tipolo, Mandaue City, aron siya
paadtuon sa lugar ni Mr.Leyson aron mo drive sa usa sa iyang mga truck;
2. Nagkita kami ug si Hugo Quibido, Jr. ug human nako siya sultii sa
tuyo ni Mr.Leyson, mi sumbalik pag tugon si Hugo nga pasultian si Mr.Leyson
nga dili na siya mo drive o mo repair sa mga truck ni Mr. Leyson. Ug miingon
pa gyud siya nga dili sab kuno siya mo bayad sa P5,500, nga iyang gi
advance gikan kang Mr.Leyson.
3. Mi balik ko sa buhatan ni Mr.Leyson ug ako siyang gisultian sa
gitugon ni Hugo Quibido, Jr.. Ug sukad niadtong Agusto 2004, wala na nako
makita nga mitrabaho is Hugo sa kang Mr.Leyson. Ako, usa sa mga truck
helper ni Mr.Esger Leyson.
4. Sa pagmatuod niining tanan, akong gipirmahan karong _____ Marso
2005 sa Mandaue City.

FREDITO URSAL
Nanumpa
SUBSCRIBED AND SWORN TO BEFORE ME, this ___ day of March 2005
at Mandaue City, affiant exhibiting his Community Tax Certificate No.
_________, issued on________ at _________.

Doc. No.______
Page No.______
Book No.______
Series of 2005

REPUBLIC OF THE PHILIPPINES)


CITY OF MANDAUE . . . . . . . . ) S.S.

AFFIDAVIT OF WAIVER AND ACCEPTANCE

18

WE, SPS. HERMINIO C. RESIMILLA and FILOMENA J. RESIMILLA, Filipinos,


residents of c/o HR Construction Supply, Mardonio Ceniza St., (formerly
Casuntingan), Mandaue City, after having been duly sworn to in accordance
with law, depose and say :
1. We are the proprietors of HR Construction Supply, doing business at
above address.
2. Due to age and his desire to enjoy his membership benefits with the
Social Security System (SSS), undersigned affiant Herminio C.
Resimilla, is transferring and waiving the management of HR
Construction Supply to his wife, Filomena J. Resimilla. By her
signature below, she accepts the said obligation to manage the said
business establishment.
3. In executing this affidavit, Herminio C. Resimilla makes manifest as
he hereby expressly manifested that he is waiving authority and
rights in the management of HR Construction Supply in favor of his
wife, Filomena J. Resimilla, effective April 15,2005, which is the
effectivity of his retirement from said company.
4. That we are jointly executing this affidavit to attest the truth of the
foregoing facts.
IN WITNESS WHEREOF, we have hereunto affixed our signatures
this ___ day of April 2005 at Mandaue City.

HERMINIO C. RESIMILLA

FILOMENA J. RESIMILLA

Affiant
CTC No. _________________
Issued on ________________
Issued at ________________

Affiant
CTC No. 11114329
Issued on April 11,2005
Issued
Mandaue

City

SUBSCRIBED AND SWORN TO BEFORE ME, this ____ day of April 2005 at
Mandaue City, affiants exhibiting their community tax certificate numbers
below their names above.
Doc. No.______
Page No.______
Book No.______
Series of 2005
REPUBLIC OF THE PHILIPPINES)
CITY OF MANDAUE . . . . . . . .) S.S.

AFFIDAVIT OF SEPARATION FROM EMPLOYMENT

19

I, RODOLFO O. DIAZ, Filipino, of legal age, married, a resident of


Malbago, Daan Bantayan, Cebu, after having been duly sworn to in
accordance with law, depose and say :
1. I am a member of the Social Security System (SSS), with
Membership No. 06-0147926-3. My last employer was BIS Manila,
Inc.; The last remittance made to the system in my behalf by my
said employer, was on May 12,1998, thru Rizal Commercial Banking
Corporation (RCBC), under SRB No. 057195.
2. This affiant is now 62 years old and unemployed, since his
separation from BIS Manila, Inc.. Thus, he now desires to avail of his
membership benefits from the SSS.
3. I am executing this affidavit of separation to attest the truth of the
foregoing facts and in compliance with the requirements of the SSS,
in relation to my desire to avail of my benefits thereof, now that I
am a retiree.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 20 th
day of April 2005 at Mandaue City.

RODOLFO O. DIAZ,
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, this 20 th day of April 2005
at Mandaue City, affiant exhibiting his Community Tax Certificate No.
11117380, issued on April 19,2005 at Mandaue City.

Doc. No.____
Page No.____
Book No. XXI
Series of 2005

REPUBLIC OF THE PHILIPPINES)


CITY OF MANDAUE . . . . . . . . . ) S.S.

AFFIDAVIT OF CHANGE OF
OWNERSHIP AND MANAGEMENT
I, TERESA GODINEZ, Filipino, of legal age, a resident of 647-Sergio
Osmena St, Gun-ob, LapuLapu City, after having been duly sworn to in
accordance with law, depose and say, THAT :
20

1. I am the wife of Cesar C. Godinez, Jr., owner and manager of Gems


Engineering and Marine Services, doing business at above address;
2. My husband died due to a vehicular accident last April 22, 2005.
Consequently, undersigned affiant is taking over the management
of aforenamed business enterprise. Similarly, there is a change in
the ownership of the same;
3.

Pending issuance of appropriate amended permits and licenses


from the governmental agencies concerned, undersigned affiant
would effect transactions in behalf of Gems Engineering and Marine
Services by way of this affidavit, more particularly in collections,
under pain of perjury if I am stating any falsehood herein;

4. I am executing this affidavit to attest the truth of the foregoing facts


and inorder to make it known to those concerned, especially to
customers of Gems Engineering and Marine Services, regarding the
taking over of this affiant in managing the said company arising
from the demise of my husband, Cesar C. Godinez, Jr.;
IN WITNESS WHEREOF, I have hereunto affixed my signature this ___
day of April 2005 at Mandaue City.

TERESA GODINEZ
Owner and Manager,

Gems Engineering & Marine Services

SUBSCRIBED AND SWORN TO BEFORE ME, this ____ day of April 2005 at
Mandaue City, affiant exhibiting her Community Tax Certificate No. ________
issued on _________ at _________.
Doc. No.____
Page No.____
Book No. XXI
Series of 2005
REPUBLIC OF THE PHILIPPINES)
CITY OF MANDAUE . . . . . . . . ) S.S.

AFFIDAVIT OF SELF-ADJUDICATION/EXTRA-JUDICIAL
SETTLEMENT OF THE ESTATE OF DECEASED PERSON
That I, TERESA GODINEZ, of legal age, widow of Cesar C. Godinez, Jr.,
Filipino, and resident of 647-Sergio Osmena St, Gun-ob, Lapu-Lapu City,
after having been duly sworn to in accordance with law, depose and say :

21

1. That I am the legitimate wife, widow and sole heir of the deceased,
Cesar C. Godinez, Jr., who died intestate on April 22, 2005 at
Perpetual Succour Hospital, Cebu City;
2. That the deceased left a savings in the amount of ___________, with
____________________, under Savings Account Number ____________;
3. That the decedent left no debts, nor any last will or testament;
4. That pursuant to Sec.1, Rule 74, of the Revised Rules of Court, I
herebu adjudicate unto myself the above savings in the amount of
_________, with _____________, under Savings Account Number
_____________;
IN WITNESS WHEREOF, I have hereunto affixed my signature this _____
day of April 2005, at Mandaue City.

TERESA GODINEZ
Affiant
Signed in the presence of :
_______________

&

_______________

SUBSCRIBED AND SWORN TO BEFORE ME, this _____ day of April 2005
at Mandaue City, affiant exhibiting her Community Tax Certificate No.
_______________, issued on __________ at __________.
Doc. No.____
Page No.____
Book No. XXI
Series of 2005

REPUBLIC OF THE PHILIPPINES)


CITY OF MANDAUE . . . . . . . .) S.S.

AFFIDAVIT
Ako si ALICE SON, Filipino, sa hustong edad, nagpuyo sa Eusebio
Compound, Subangdaku, siyudad sa Mandaue, human manumpa pinasikad
sa balaod, mosulti niining mosunod :
I, ALICE SON, Filipino, of legal age, a resident of Eusebio Compound,
Subangdaku, Mandaue City, after having been duly sworn to in accordance
with law, depose and say :
22

1. Adunay affidavit nga pinetsahan Hulyo 16, 2003, nga giingon nga
akong hinimo ug gipanumpaan atubangan ni Fiscal Felixberto M.
Geromo, ug maoy nahimong suportar sa kason kriminal numero
28391, nga naa karon sa korte sa halangdong huwes nga si Rogelio
S. Lucmayon. Ang kopya sa maong affidavit nga akong
gipanghimakak karon, giapil niining akong affidavit nga akong
gipirmahan karon, markado sa mga pulong AnnexA;
There is an affidavit dated July 16,2003, seemingly showing that I
have executed and have sworn to the truth of the same before
Hon.Prosecutor Felixberto M. Geromo. This alleged affidavit
supported Criminal Case No. 28391, now pending determination at
the court of Hon.Rogelio S. Lucmayon. A copy of said affidavit is
attached hereto marked AnnexA, forming part hereof.
2. Dili tinuod nga akoa ang maong affidavit. Kining nagpirma sa ubos
wala makahinumdum nga siya naghimo sa maong affidavit ug
nanumpa atubangan sa halangdong fiscal nga si Felixberto M.
Geromo. Kun dunay man gani tawo nga mi representar ngadto sa
halangdong fiscal, kadtong maong tawo nag dala lang sa akong
ngalan nga walay pagtugot .
The said affidavit is disowned by this affiant. I did not execute such
affidavit. Nor did I swear to the truth of the same before
Hon.Prosecutor Felixberto M. Geromo. If there is somebody who
appeared before said Hon.Prosecutor, then such representation is
fraudulent and has no authority from undersigned affiant.
3. Labi pang dili tinuod ang nahisulat sa maong affidavit nga
pinetsahan ug Hulyo 16,2003, nga akong nakita si Junbie Jimenez
nga misaka sa balay ni Elaine Abing nga didto ago sa may balkon ug
unya sa iya nang pagawas sa maong balay, nag bitbit na siya ug
VCD player ug iyang gibilin didto sa silong sa among balay.

There is absolutely no truth to the contents of said affidavit dated


July 16,2003. And it follows that there is no truth to the allegations
that I saw Junbie Jimenez going up to the house of Elaine Abing, by
way of the balcony and upon going out, was already bringing with
him a VCD player, which he left under our house.
4. Akong usbon sa pagingon nga wala ko maghimo sa maong affidavit
nga nahisgutan sa ibabaw ug wala sab ko makakita sa giingong
pagsaka ni Junbie Jimenez sa balay ni Elaine Abing niadtong Hulyo
14, 2003.
This affiant would repeat in saying that I did not execute that
affidavit referred to above and I would likewise repeat that I did not
see the alleged going up of Junbie Jimenez of Elaine Abing last July
14,2003.

23

5. Ako ning gihimo ang maong affidavit aron pagmatuod sa nahisgutan


sa ibabaw.
I am executing this affidavit to attest the truth of the foregoing
facts.
IN WITNESS WHEREOF, I have hereunto affixed my signature this ___
day of May 2005, at Mandaue City.

ALICE SON
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, this ____ day of May 2005 at
Mandaue City.

I hereby certify that I have personally examined the affiant and I am


satisfied that she fully understood and voluntarily executed the same.

REPUBLIC OF THE PHILIPPINES)


TABUELAN, CEBU . . . . . . . . . ) S.S.

AFFIDAVIT
I, CECILIO ROM, Filipino, of legal age, married, a resident of Tabuelan,
Cebu, under oath, states :
1. I personally know Sps.Dario P. Bravo and Vivencia B. Bravo, being
my neighbors in Tabuelan, Cebu. The husband is working with
Tabuelan Fire Station while the wife is a teacher at the Juan
Pamplone National High School, Tabuelan, Cebu;
2. It is equally known to this affiant that said spouses have separated
from each other. They have a son, Bryan B. Bravo;

24

3. Sometime on the evening of February 6,2005, I was seating with


some acquaintances outside the parlor of Edu Jarina, near the
crossing of our town. It was then that Dario P Bravo passed by,
riding on his motorcycle. He was driving slowly because his house is
situated on the lower portion of the national road. Outside the parlor
during that time were the wife of Dario P. Bravo and Ruby P. Olivo. I
also know the latter because she is also a teacher of the Juan
Pamplona National High School;
4. Suddenly, Ruby P. Olivo said in a loud voice, Kaluoy sa bana,
nagmata lang ug buntag. And at the same time, she was laughing.
Ruby P. Olivo was looking at the direction of Dario P. Bravo when she
uttered those words, and subsequently laughed. The next moment, I
noticed that Dario P. Bravo made a u-turn and confronted his wife
and Ruby P. Olivo and at the same time, asked in the local dialect :
Unsa may inyong buot ipasabot sa inyong gisulti? Upon hearing
these words, Vivencia B. Bravo went inside the beauty parlor. Ruby
P. Olivo remained outside and said to Dario P. Bravo : Naunsa ka?
nabuang ka na! Then they quarreled. I saw that Ruby P. Olivo,
despite her being a woman, was very aggressive. She started
hitting Dario P. Bravo with her arms and likewise, scratched him.
The latter kept moving backwards to avoid the actions of the
former, until the back of Dario P. Bravo hit a motorcycle which was
earlier parked in front of the parlor. The motorcycle fell down and
Dario P. Bravo also fell down with his back on the motorcycle;
5. We were caught unprepared for this turn of events. So, we were not
immediately able to separate Ruby P. Olivo from her continued
scratching and hitting of Dario P. Bravo, who was still down on top of
the motorcycle. It was then that Elmer Momo and Ivar Momo, who
are also our neighbors, came and held back both.

6. That I am executing this affidavit regarding the truth of above facts


and to state also that it was Ruby P. Olivo who was very aggressive
on that quarrel she have with Dario P. Bravo, on the evening of
February 6,2005.
IN WITNESS WHEREOF, I have hereunto affixed my signature this ___
day of May 2005 at Tabuelan, Cebu.

CECILIO ROM
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, this ____ day of May 2005 at
Tabuelan, Cebu.

25

I hereby certify that I have personally examined the affiant and I am


satisfied that she fully understood and voluntarily executed the same.

REPUBLIC OF THE PHILIPPINES)


TABUELAN, CEBU . . . . . . . . . ) S.S.

AFFIDAVIT
I, ERIC JAYSON, Filipino, of legal age, married, a resident of Tabuelan,
Cebu, under oath, states :
1. `I was present when there was a quarrel between Dario Bravo and
Ruby Olivo. They are both personally known to me;
2. Everything started when Ruby Olivo, who is a teacher in our town,
shouted these words : Kaluoy sa bana, nagmata lang ug buntag
to Dario Bravo, then laughed loudly. The wife of Dario Bravo, Mrs.
Vivencia Bravo, was with Ruby Olivo when this incident happened;
3. When Dario Bravo inquired from both Ruby Olivo and his wife why
they shouted those words, Mrs.Vivencia Bravo did not answer and
instead, went inside the beauty parlor of Edu Jarina;
4. I personally heard Mrs.Ruby Olivo uttering these words to Dario
Bravo : Naunsa ka? Nabuang ka na! Thereafter, she scratched and
hit repeatedly the latter with her hands and arms. Dario Bravo tried
to hold the hands of Ruby Olivo to avoid the scratching and hitting;

26

5. I also personally saw Dario Bravo falling down on top of a


motorcycle. It was in that position that Ruby Olivo got hold of his
private parts and subsequently, I saw that portion of his body
bleeding because of blood stains in the lower portion of his shorts.
6. I am executing this affidavit to attest the truth of the foregoing
facts;
IN WITNESS WHEREOF, I have hereunto affixed my signature this ___
day of May 2005 at Tabuelan, Cebu.

ERIC JAYSON
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, this _____ day of May 2005
at Tabuelan, Cebu.

I hereby certify that I have personally examined the affiant and I am


satisfied that he fully understood and voluntarily executed the same.

WAIVER OF RIGHTS

KNOW ALL MEN BY THESE PRESENTS :


Be it known that undersigned is the beneficiary of St. Peter Life Plan,
Inc. Contract (LPA) No. 99-927123, issued on January 2,1999.
Because of the untimely death of my son, Ernesto Arendain, the
mortuarial benefits related to aforesaid plan was extended to his remains.
As a consequence of the foregoing, undersigned hereby waives and
foregoes her benefits relative to the subject plan mentioned above.
I have executed this waiver and quitclaim this ____ day of May 2005 at
Mandaue City.

CARMELINA L. ARENDAIN
SUBSCRIBED AND SWORN TO BEFORE ME, this ___ day of May 2005 at
Mandaue City, affiant exhibiting her Community Tax Certificate No. _________
issued on _______ at _______.
27

Doc. No.____
Page No.____
Book No. XXI
Series of 2005

REPUBLIC OF THE PHILIPPINES)


CITY OF MANDAUE . . . . . . . . ) S.S.

AFFIDAVIT OF WAIVER
I, GRACE B. RICAFRENTE, Filipino, of legal age, with address at c/o
Allkey International, Inc., Sangi, New Road, Pajo, Lapu-Lapu City, after having
been duly sworn to in accordance with law, depose and say :
1. I am the Area Manager of Allkey International, Inc., doing business
at aforesaid address, and engaged in the business importing for
local distribution to customers located at the MEPZ, Lapu-Lapu City;
2. The nature of our business require the constant meeting and
picking-up of suppliers representatives
from overseas and
thereafter, their sending off, to their respective countries, at the
airport;
3. It is for this reason that the company is maintaining a vehicle (a
Toyota Revo, with Plate No. GJZ-141) for that purpose;
4. By reason of the requirement of the MCIAA that all vehicles that are
used for above purpose should have a sticker duly issued by said
authority, undersigned affiant is requesting that said sticker be
issued aforesaid vehicle;
5. Allkey International, Inc., by way of this affiant, undertake and
commit that it will not engage in canvassing or picking-up of
passengers at the airport premises other than their visitors
representing foreign suppliers. In the event that this commitment or

28

undertaking is violated, undersigned waive any and/or objections to


the cancellation of the said sticker by MCIAA;
6. That I am executing this affidavit to attest the truth of the foregoing
facts and inorder that Allkey International ,Inc., be issued a sticker
to be used on above-described vehicle.
IN WITNESS WHEREOF, I have hereunto affixed my signature this ___
day of June 2005 at Mandaue City.
GRACE B. RICAFRENTE
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, this ____ day of June 2005 at
Mandaue City, affiant exhibiting her Community Tax Certificate No.19720023
issued on June 6,2005 at Lapu-Lapu City.
Doc. No.____
Page No.____
Book No. XXI
Series of 2005
REPUBLIC OF THE PHILIPPINES)
CITY OF MANDAUE . . . . . . . . ) S.S.

AFFIDAVIT
I, JUNBIE JIMENEZ, Filipino, of legal age, single, a resident of Eusebio
Compound, Subangdaku, Mandaue City, after having been duly sworn to in
accordance with law, depose and say, THAT :
1. I am the accused in Criminal Case No. 28391;
2. The accusation against me is not true. I could not possibly have
committed the accusation against me for the following are the
sequence of my whereabouts on July 14,2003;
3. After lunch on said date, I fall asleep until 3:00 in the afternoon. I
took my snack after waking up. Thereafter, I fetched water from the
common artesian well of the place we are living for we dont have
yet any water connection. I finished fetching water for our family at
around 4:30 in the afternoon. Afterwards, I helped my mother tend
our small sari-sari store.
4. This case was investigated by the police of PNP Station 2,
Subangdaku, Mandaue City. Among those who was investigated was
Emily Escabal, who after being asked by the police investigator,
SPO1 Andales, on this manner :
Nakakita ka ba nga misulod si Junbie Jimenez sa
balay ni Elaine Abing ug mikuha sa iyang mga
butang?

29

Did you actual see Junbie Jimenez went inside the


house of Elaine Abing and took away her things
Emily Escabal answered:
Wala ko kakita kay didto ko sa luyo.
I did not see for I was at the back.
5. Emily Escabal is the sister of Elaine Abing. It is understandable that
she will state falsehoods probably at the instance of her sister, who
could not secure witnesses to support her accusations. It can be
recalled that Emily Escabal did not inceptively execute an affidavit
of what she later on alleged that she saw me jumped from the
house of Rolando and Elaine Abing, carrying a VCD;

6. This affiant is a victim of a baseless accusation just because he is


unemployed. And my parents bad relationship with a certain
Palmero Tumulak, who is spreading the rumor that I am responsible
for the crimes of Theft committed at our place, Eusebio Compound,
Subangdaku, Mandaue City
7. This Palmero Tumulak and his wife owed my parents more than
P3,000, representing unpaid accounts of beer and other general
merchandise. They resented the collection efforts of my parents
against them.
8. That I am executing this affidavit to attest the truth of the foregoing
facts.
IN WITNESS WHEREOF, I have hereunto affixed my signature this ____
day of June 2005 at Mandaue City.

JUNBIE JIMENEZ
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME,
2005 at Mandaue City.

this _____ day of June

I hereby certify that I have personally examined the affiant and I am


satisfied that she fully understood and voluntarily executed the same.

30

REPUBLIC OF THE PHILIPPINES)


CITY OF MANDAUE . . . . . . . . ) S.S.

AFFIDAVIT
AKO, si GINA BONSUCAN, Pilipino, sa hustong edad, minyo, nag puyo
sa Opao, Mandaue City, human manumpa pinasikad sa balaod, mosulti
niining mosunod :
I, GINA BONSUCAN, Filipino, of legal age, married, a resident of Opao,
Mandaue City, after having been duly sworn to in accordance with law,
depose and say :
1. Niadtong Hulyo 26,2004, didto makatulog sa among balay si Junbie
Jimenez, akong pag umangkon, kay anak man siya sa akong igsoon;
Last July 26,2004, Junbie Jimenez stayed overnight with us in our
house, for he is my nephew, being the son of my sister;
2. Nakatulog na si Junbie Jimenez sa among balay sa nangaging mga
higayon. Niining higayona, mipalabay siya sa kagabhion uban sa
akong pamilya tungod kay nangulitawo ug namisita man siya sa
among silingan nga si Jennifer, nga ang inahan nag apelyido ug
Jimenez, pero dili paryente sa akong brother-in-law, amahan ni
Junbie Jimenez. Mitungha siya sa among panimalay sa mga alas
10:00 sa kagabhion. Mipauli siya sa mga alas 9:00 na sa buntag,
Hulyo 27,2004;
Junbie Jimenez has already passed the night in our house in past
instances. On this date, July 26,2004, he slept in our place because
he came courting and visiting our neighbor, Jennifer, whose mother
is surnamed Jimenez but is not related to my brother-in-law, the
father of Junbie Jimenez. He arrived at around 10:00 in the evening.
He went home at around 9:00 in the morning, July 27,2004;
3.
31

REPUBLIC OF THE PHILIPPINES)


CITY OF MANDAUE . . . . . . . . ) S.S.

AFFIDAVIT
I, REMELINA UBOD, Filipino, of legal age, a resident of Eusebio
Compound, Subangdaku, Mandaue City, under oath states :
Ako, si REMELINA UBOD, Filipino, sa hustong edad, mulopyo sa
Eusebio Compound, Subangdaku, Mandaue City, human manumpa mosulti
niing mosunod :
1. I am a neighbor of Sps.Asterio Jimenez and Delia Jimenez, whose
son Junbie Jimenez, has been tagged by Elaine Abing as the thief of
her VCD and other personal things on July 14,2003 at 3:30 in the
afternoon.
Silingan nako ang magtiayong Asterio Jimenez ug Delia Jimenez,
nga ilang anak nga si Junbie Jimenez maoy gitudlo ni Elaine Abing
nga nangawat sa iyang VCD ug uban pang butang, niadtomg Hulyo
14,2003, sa mga 3:30 sa kahaponon;
2. Such an accusation could not possibly be true for I was in the house
of aforenamed spouses on above date and time to buy a bottle of
softdrink from their store and stayed their for around one (1) hour to
talk to Mrs. Delia Jimenez;
Kining maong pasangil murag dili tinuod kay nianang maong adlaw
ug oras, diha man ko sa balay sa maong magtiayon aron pagpalit
ug softdrink ug miabot ug mga usa ka oras ang akong pag-adto kay
nag istorya pa man mi ni Mrs.Delia Jimenez;
3. While there, I saw Junbie Jimenez. This affiant observed that he has
just awakened from sleep. Afterwards, I saw him carrying water
containers and heading to the artesian well. I also saw him coming
back and forth from his parents house to the artesian well;
Sa didto ko sa tindahan sa mga Jimenez, akong nakit-an si Junbie
Jimenez. Akong na obserbahan nga bag-o lang siyang nahigmata.
32

Unya, ako sad siyang nakita nga nagdala ug mga container sa tubig
paingon sa poso artesiano. Nagbalikbalik siya sa pagkuha ug tubig.
4. Aside from above facts, I cannot believe that Junbie Jimenez would
stole the personal things of said Elaine Abing considering that it was
daytime and Eusebio Compound where we are living are so
congested. A thief would be out of his mind to go up a house and
stole things under such circumstances;
Bisan pa man sa akong nakita ug gisulti sa ibabaw, dili ko makatuo
nga si Junbie Jimenez maoy nagkawat sa mga butang ni Elaine
Abing, tungod kay adlaw pang dako ang 3:30 sa hapon, ug ang
among lugar, Eusebio Compound, puno sa mga balay ug tawo. Wala
sa hustong panghunahuna ang usa ka kawatan nga mosaka sa usa
ka balay ug mangawat bisan pa man sa adlawng dako ug sa
kadaghan sa tawo nga makakita sa iyahang gibuhat;
5. That I am executing this affidavit to attest the truth of the foregoing
facts;
Ako ning gihimo ang maong affidavit aron pamatud-an ang pagka
tinuod sa akong gisulti sa ibabaw.
IN WITNESS WHEREOF, I have hereunto affixed my signature this ____
day of June 2005 at Mandaue City.

REMELINA UBOD
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME , this ____ day of June 2005
at Mandaue City.

33

REPUBLIC OF THE PHILIPPINES)


CITY OF MANDAUE . . . . . . . . ) S.S.

AFFIDAVIT
I, HERMINIO ONG RESIMILLA, Filipino, of legal age, married, a
resident of Malibu Beach, Subangdaku, Mandaue City, after having been duly
sworn to in accordance with law, depose and say :
Below is my employment history :
EMLPLOYER

YEAR

1) QUEZON MEMORIAL COLLEGES


Employer ID No. 03-0120400-0

1974

2) CITY LUMBER AND FURNITURE SUPPLY


Employer ID No. 06-0120400-1

1974 - 1977

3) HR CONSTRUCTION SUPPLY
Employer ID No. 06-1663612-7

1977 - 2005

That I am executing this affidavit to attest the truth of the foregoing


facts and inorder to comply with the requirements of the Social Security
System (SSS).
IN WITNESS WHEREOF, I have hereunto affixed my signature this 29 th
day of June 2005.

HERMINIO ONG RESIMILLA


Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, this 29 th of June 2005 at
Mandaue City, affiant exhibiting his Community Tax Certificate No. 11057236
issued on January 19,2005 at Mandaue City.
Doc. No.____
Page No.____

34

Book No. XXI


Series of 2005

REPUBLIC OF THE PHILIPPINES)


CITY OF MANDAUE . . . . . . . . ) S.S.

AFFIDAVIT GRANTING PERMISSION AND/OR AUTHORITY


I, FREDERIKE GOLLERS, of legal age, German, presently residing at
No.2, Sundial Drive, Sunny Hills Subdivision, Talamban, Cebu City, after
having been duly sworn to in accordance with law, depose and say :
1. I am the mother of ESTELLA ANTONIA GOLLERS, 13 years old,
German, a resident of c/o Michael Hahn, Wismarerstrabe II, 21614
Buxtehude, Germany;
2. My aforenamed child would be coming over to the Philippines on
July 25,2005. Her place of departure is Hamburg, Germany. She will
be taking Cathay Pacific;
3. My child would be traveling alone. It is for this reason that I am
executing this affidavit to manifest the permission or authority I
have granted as mother, in relation to said travel from Hamburg,
Germany, to Cebu City, Philippines;
4. I am executing this affidavit to attest the truth of the foregoing facts
and to put into writing the permission and authority I have granted
for my aforenamed child to travel alone as detailed above;
IN WITNESS WHEREOF, I have hereunto affixed my signature this ___
day of July 2005 at Mandaue City, Cebu, Philippines.

FREDERIKE GOLLERS,
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, this ____ day of July 2005 at
Mandaue City, Cebu, Philippines, affiant exhibiting her Passport No.
______________, issued on____________ , at ___________;

Doc. No.____
Page No.____
35

Book No.____
Series of 2005

I hereby certify that I have personally examined the affiant and I am


satisfied that she fully understood and voluntarily executed the same

36

REPUBLIC OF THE PHILIPPINES)


CITY OF MANDAUE . . . . . . . . ) S.S.

AFFIDAVIT
I, RANDOLFO LIBRANDO, Filipino, of legal age, married, a resident of
Hermag Village, Pagsabungan, Mandaue City, after having been duly sworn
to in accordance with law, depose and say :
1. In the evening of April 10,2005, together with my wife, Susan
Librando, and my father-in-law,_____________, we went to Victoria,
San Remegio, Cebu. We have just attended the vigil of my wifes
grandmother in Kinawahan, of the same town.
2. My father-in-law is from Victoria. Hence, on the return trip to
Kinawahan, it was only this affiant and my wife who were together.
My father-in-law was left at Victoria. We were using our own vehicle,
an Isuzu Trooper.
3. Upon reaching Sitio Cogon, Victoria, San Remegio, Cebu, I was
compelled to stop the vehicle because Three (3) men linking hands
together across the highway, blocked us. I slightly blew the vehicles
horn but they did not budge. Considering also the headlights of the
car which was on, I was certain that those persons were forcing us
and compelling us to stop. Looking around upon making a complete
stop, show no indication or reason for those people to prevent us in
proceeding with our trip.
4. After a few moments from stopping, and desirous to proceed with
our travel, I went down from the vehicle followed by my wife to ask
the three (3) persons blocking the road to allow us to pass. It was at
this juncture that one of the men demanded money from us, more
particularly from my wife. I sensed the evil intentions of the said
persons and having noticed that one of them was holding a knife, I
decided to go back and board our vehicle. And apparently, my wife
also noticed this serious predicament for she told me that we should
return aboard our vehicle, of which we did.
5. Once inside the vehicle but before my wife can close the window at
her side, one of the men, raised his fist to box her face. I
immediately reacted by leaning towards the side of my wife with the
warning not to do it and further informing said person that my wife
is pregnant. Such move probably deterred the aggressor in hitting
her.
6. Because there were already some persons who came perhaps
attracted by the noise we have created, the Three (3 ) persons
referred to, did not make any further move to board our vehicle to
consumate their evil desire in demanding money from us. But
before we can manage to drive away, one of them struck the right
rear tire fender perhaps with a sharp bladed instrument for a gaping
slit cutting through and through the fender was created. This
37

damage costs us P30,000 in repair expenses, inclusive of labor and


materials.
7. Subsequently, we learned that the Three (3) persons who waylaid
us, forcing us to stop without any reason at all, other than their evil
motive to extort money and in the process, subjected us to threats
and intimidation, were Romeo Cabatana, Jr., Josephus Rondina and
Benz Truz, all residents of Victoria, San Remegio, Cebu.
8. I have caused the recording and/or blottering the foregoing illegal
acts of above-named persons in the police station of San Remegio,
Cebu.
9. I am executing this affidavit to attest the truth of the foregoing facts
and to file charges of Grave Coersion with Attempted Robbery and
Malicious Mischief against Romeo Cabatana, Jr., Josephus Rondina
and Benz Truz, of Victoria, San Remegio, Cebu.
IN WITNESS WHEREOF, I have hereunto affixed my signature this ___
day of July 2005 at Mandaue City.

RANDOLFO LIBRANDO
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, this ____ day of July 2005 at
Mandaue City.

I hereby certify that I have personally examined the affiant and I am


satisfied that she fully understood and voluntarily executed the sam

REPUBLIC OF THE PHILIPPINES)


CITY OF MANDAUE . . . . . . . . ) S.S.

38

AFFIDAVIT
I, JOSEPH TULING, Filipino, a resident of Tuburan, Cebu, after having
been duly sworn to in accordance with law, depose and say :
1. I am in my 3rd year as a high school student at the Tuburan National
High School, Tuburan, Cebu;
2. To have additional income, I assist in the cellphone business of Joan
Leopardas, doing business at Brgy.3, Tuburan, Cebu, after school
hours;
3. It is for the foregoing reason that I came to know Arnel Vega, the
cellphone technician of Joan Leopardas, whose business carries the
name B & A Cellphones and Accessories. This technician is a stayin employee of Joan Leopardas. I further know that he is allowed to
stay within the store inorder to save on board and lodging;
4. As a stay-in employee, Arnel Vega is in complete control of the store
operations when its owner, Joan Leopardas, is not around. It is my
personal knowledge that B & A Cellphones and Accessories have
received from various customers, Twenty-One
(21) units of
cellphones of various models, for repair. And another Eight (8) units,
personally owned by its owner for display and sales purposes;
5. On October 29,2004, the usual business operations of B & A
Cellphones and Accessories was disturbed when Arnel Vega did not
report anymore. Upon verification of the store inventory, Joan
Leopardas discovered that
Twenty-Nine (29) cellphones were
missing. Having left his job without permission, it was the
conclusion of said Joan Leopardas that Arnel Vega took the same,
without her consent;
6. That I am executing this affidavit to attest the truth of the foregoing
facts and to support any criminal charge Joan Leopardas will initiate
against said Arnel Vega.
IN WITNESS WHEREOF, I have hereunto affixed my signature this _____
day of July 2005 at Mandaue City.
JOSEPH TULING
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, this _____ day of July 2005
at Mandaue City, Cebu.
I hereby certify that I have personally examined the affiant and I am
satisfied that he fully understood and voluntarily executed the same.
REPUBLIC OF THE PHILIPPINES)
CITY OF MANDAUE . . . . . . . . ) S.S.

39

AFFIDAVIT
I, PAZ RECTA, Filipino, of legal age, a resident of Putat, Tuburan, Cebu,
after having been duly sworn to in accordance with law, depose and say :
1. I am the owner of a Nokia 2100, valued at P4,500. Being a resident
of a place not yet served by telephone landlines, my family is highly
dependent on my said cellphone for communication purposes;
2. Due to technical problems, I have entrusted my cellphone to B & A
Cellphones and Accessories, situated at Tuburan, Cebu, owned by
Joan Leopardas, for repair. I have given personally to her technician,
Arnel Vega. That was sometime the last week of September 2004;
3. Until now, my aforedescribed cellphone has not been returned to
me. I was told by Joan Leopardas when I confronted her about this
problem that the same were among those taken away by her
technician, Arnel Vega, without her consent. I was told further that
said owner has filed a case against the said Arnel Vega. But I do not
care what caused the loss of my cellphone. What matters to me is
that Joan Leopardas should pay me for the value of my cellphone in
the event that she could not return it to me anymore. I would even
demand the appropriate reimbursement for calls I have to do with
other peoples cellphones pending the return of what I have
entrusted to Joan Leopardas;
4. I am executing this affidavit to attest the truth of the foregoing
facts;
IN WITNESS WHEREOF, I have hereunto affixed my signature this _____
day of July 2005 at Mandaue City.
PAZ RECTA
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, this _____ day of July 2005
at Mandaue City, Cebu.

I hereby certify that I have personally examined the affiant and I am


satisfied that she fully understood and voluntarily executed the same.

REPUBLIC OF THE PHILIPPINES)


CITY OF MANDAUE . . . . . . . . ) S.S.

AFFIDAVIT

40

I, RAYMOND GARCIA, Filipino, of legal age, a resident of No.48,


Gorordo Avenue, Cebu City, after having been duly sworn to in accordance
with law, depose and say :
1. I am the owner of that parcel of land situated at Banilad, Mandaue
City, whereon that Bercede-Abanes Mini Market is situated;
2. The construction of the said mini market has taken into account the
fire risk involved. Hence, the distances between the sides of the
mini market in relation to the respective adjacent structures are
considerably far. It is done so, to preempt the need for a firewall;
3. Moreover, since its existence, no one among the interested parties
within the adjacent premises have complained as to the risk they
may be subjected to, in the event of fire. Apparently, such absence
of any complaint manifested our correct anticipation as stated in
Par.2, above.
4. That I am executing this affidavit to attest the truth of the foregoing
facts;
IN WITNESS WHEREOF, I have hereunto affixed my signature this ____ th
day of July 2005 at Mandaue City.

RAYMOND GARCIA
Affiant
Witness to signature :______________
SUBSCRIBED AND SWORN TO BEFORE ME, this _____ day of July 2005
at Mandaue City, affiant exhibiting his Community Tax Certificate No.
11149691 issued on July 14,2005 at Cebu City.

Doc. No.____
Page No.____
Book No. XXI
Series of 2005

REPUBLIC OF THE PHILIPPINES)


MANDAUE CITY ) SS
AFFIDAVIT REGARDING PHYSICAL CONDITION
OF PASSPORT

41

I, ALEX SURALTA GARCIANO, Filipino of legal age, resident of Purok I,


Cubacub, Mandaue City after having been duly sworn to in accordance with
law, depose and say:
1. I am the holder/owner of a Philippine Passport No. QQ0667317 issued
by the Department of Foreign Affairs at Cebu City on July 8, 2005,
expiring on July 8, 2010.
2. Inadvertently the aforesaid passport got wet when my bag where it
was kept was washed. But while it got wet, the same is not mutilated
or destroyed for immediately, I caused the said passport to be dried
under the sun.
3. Considering that this affiant is about to be deployed to Turks and
Caicos, British West Indies as an overseas worker and expected to
leave on October 15,2005 the condition of my passport posed a big
problem for my employment agency, Anifel Management and General
Services Corp., indicated that the subject condition of my passport as
described above is unacceptable to them. Hence, the need to have a
new passport to be issued by the Department of Foreign Affairs in Cebu
City in lieu of the one described above.
4. That I am executing this affidavit to attest the truth of the foregoing
facts and in order that I can be issued a new passport.
IN WITNESS WHEREOF, I have hereunto affixed my signature this ____ th
day of October 2005 at Mandaue City.
ALEX SURALTA GARCIANO
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, this _____ day of October


2005 at Mandaue City, affiant exhibiting his Community Tax Certificate No.
11171937 issued on October 5,2005 at Mandaue City.

Doc. No.____
Page No.____
Book No. ___
Series of 2005
REPUBLIC OF THE PHILIPPINES)
CITY OF MANDAUE . . . . . . . .) S.S.
AFFIDAVIT WITH PRAYER FOR RECONSIDERATION
I, MARLOU A. GILBUENA,
Filipino, of legal age, a resident of
Maracas, Lahug, Ceby City, after having been duly sworn to in accordance
with law depose and say :

42

1. I am a driver of Fast Transit Corporation, doing business at MCIA,


Lapu-Lapu City. As such, this affiant is the owner/holder of
Professional Drivers License No.G0-93-166563, issued by the Land
Transporation Office, thru their regional office at Cebu City;
2. On September 27, 2005, the unit I was driving in behalf of my above
employer, was apprehended and detained since then, by the City
Traffic Management (CITOM), Cebu City, for allegedly operating with
a fake franchise. To this matter, undersigned affiant has no
knowledge for he is just a driver of said employer;
3. In connection with the said detention of the vehicle I was driving, I
was suspended in driving motor vehicles by the Land Transportation
Office, Cebu City. This is the matter I am most respectfully praying
to be reconsidered for reasons stated below;
4. As earlier asserted, I am just a mere driver of the vehicle now
detained. I have no participation on the antecedent facts
authorizing its operation. And considering that I am dependent on
my driving as source of income for my family, this affiant is
appealing to the reasonableness and compassionate gesture of
those concerned authorities regarding my suspension and my
ground in moving for its reconsideration. So that in so doing, I can
continue exercising my occupation and preempt financial suffering
of my family;
5. That I am executing this affidavit with prayer for reconsideration to
attest the truth of the foregoing facts and so that my suspension as
a driver can be lifted or set aside.
IN WITNESS WHEREOF, I have hereunto affixed my signature this _____
day of October 2005 at Mandaue City.
MARLOU A. GILBUENA
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, this 10 th day of October
2005 at Mandaue City, affiant exhibiting his Community Tax Certificate
No._______________, issued on October 10,2005 at Mandaue City.
Doc. No.____ ;
Page No.____ ;

43

SUBSCRIBED AND SWORN TO BEFORE ME, this 24th day of October


2005 at Mandaue City, affiant exhibiting his Community Tax Certificate No.
11046395 , issued on January 5,2005 at Mandaue City.
Doc. No.___ ;
Page No.___ ;
Book No. ___;
Series of 2005;
REPUBLIC OF THE PHILIPPINES )
CITY OF MANDAUE . . . . . . . . . . . .) s.s.

AFFIDAVIT OF CONSENT TO TRAVEL OVERSEAS


WE, SPS. JAMES A. DOLOTINA, SR., and MARIETTA R. DOLOTINA,
Filipinos, of legal ages, residing at back of Sea Breeze Subdivision, Mactan,
Lapu-Lapu City, Cebu, after having been duly sworn to in accordance with
law, depose and say, THAT:
1. We are the parents of minors Jex James R. Dolotina, 11 years old,
and

44

Marjie Amor R. Dolotina, 14 years old, who are under our custody
and parental authority.
2. That we are giving our consent to our children, Jex James R. Dolotina
and Marjie Amor R. Dolotina, to travel overseas, accompanied by
persons authorized by the Department of Education. Their travel will
be for the purpose of a cultural tour, jointly sponsored by the said
department of the Republic of the Philippines and with the City
Government of Mandaue.
3. That we are executing this affidavit to attest the truth of the
foregoing facts.
IN WITNESS WHEREOF, we have hereunto affixed our signatures this
___ day of November 2005.

JAMES A. DOLOTINA, SR.


Affiant
CTC No.17304064
Issued on January 24,2005
Issued at Lapu-Lapu City

MARIETTA R. DOLOTINA
Affiant
CTC No.17304065
Issued on January 24,2005
Issued at Lapu-Lapu City

SUBSCRIBED AND SWORN TO BEFORE ME, this ____ day of November


2005 at Mandaue City, affiants exhibiting their Community Tax Certificate
Nos. below their names above.

Doc. No.____ ;
Page No.____ ;
Book No._____;
Series of 2005

REPUBLIC OF THE PHILIPPINES)


CITY OF MANDAUE . . . . . . . ) S.S.

AFFIDAVIT
WE, SPS.MARIANO OUANO and JULIA L. OUANO, both Filipinos, of
legal ages, residents of Banilad, Mandaue City, after having been duly sworn
to in accordance with law, depose and say :
1. We are one of the heirs of Basilio Ouano, Filipino, of legal age, a
resident of Hernan Cortes, Mandaue City, who died on April 1,2000;
2. Together with the heirs of Bonifacio Ouano and the heirs of Eusebio
Ouano, we extra-judicially settled the estate of above decedents
and sold the property described in the Extra-Judicial Settlement of
Estate With Deed of Absolute Sale, acknowledged before Notary

45

Public Roberto R. Arendain, and entered in notarial register as


Doc.No.219, Page No.43, Book No.XXI, Series of 2005;
3. It is our personal knowledge which fact we want to repose in this
affidavit that the aforesaid deed was executed sometime June
14,2005, but we, together with the other heirs, acknowledged the
same only on September 26,2005, because the Special Power of
Attorney executed by Magdalena Balatbat Ouano, representing our
relatives who are the heirs of Eusebio Ouano, was only received by
Atty.Roberto R. Arendain, the Notary Public, here in the Philippines,
sometime that date and month;
4. We are executing this affidavit to attest the truth of the foregoing
facts and to explain why the execution of the aforesaid ExtraJudicial Settlement of Estate on June 14,2005, when Magdalena
Balatbat Ouano, was here in Mandaue, Cebu, to sign the same, was
only acknowledged on September 26,2005.
IN WITNESS WHEREOF, I have hereunto affixed my signature this ____
day of November 2005, at Mandaue City.
MARIANO OUANO
Affiant
CTC No.11053439
Issued on January 17,2005
Issued at Mandaue City

JULIA L. OUANO
Affiant
CTC No.
Issued on
Issued at

SUBSCRIBED AND SWORN TO BEFORE ME, this ____ day of November


2005 at Mandaue City, affiants exhibiting their community tax certificate
nos. below their names above.
Doc. No.____ ;
Page No.____ ;
Book No._____;
Series of 2005
REPUBLIC OF THE PHILIPPINES)
CITY OF MANDAUE . . . . . . . ) S.S.

AFFIDAVIT
I, FREDDIE BIRAO, Filipino, of legal age, married, a resident of
Cabito-onan, Toledo City, after having been duly sworn to in accordance with
law, depose and say :
1. My late grandfather is Leoncio Birao. My father is Florentino Birao,
son of said Leoncio Birao. Both my late grandfather and my father,
who is still alive, are residents of Bato, Toledo City;
2. I know personally Marcelino Macapobre, Sr.. He is now dead. During
his lifetime, he purchased a parcel of land which my grandfather
previously owned. Initially, said parcel of land which is described
below was sold by my grandfather to Zacarias Dino, sometime in
46

1950, according to my grandfather, who died in 2001. It was from


Zacarias Dino that Marcelino Macapobre, Sr. acquired subject parcel
of land;
3. The adjacent parcels of land acquired my Marcelino Macapobre, Sr.,
from Zacarias Dino, are owned by my relatives, namely : Melecio
Birao, Jr., Epe Birao and Lisa Birao. I can therefore say that I am
familiar with the subject parcel of land which is now owned by Sps.
Dionsio B. Alqueza and Pacita M. Alqueza. Pacita M. Alqueza is the
daughter of the late Marcelino Macapobre, Sr.. So, upon his death in
1993, due to a vehicular accident which I also personally know, the
ownership of said property was transmitted to said Pacita M.
Alqueza;
4. I also know Francisco Heraldez. His wife is Concepcion Heraldez. I
can recall that this couple constructed a hut at the parcel of land,
then owned by Marcelino Macapobre, Sr., in 1975. Prior to this year,
I usually saw Marcelino Macapobre, Sr. and Apolinario Villagante
weeding the above parcel of land and planting coconuts and
bananas thereon;
5. As I have stated above, I am familiar with the aforesaid parcel of
land for not only because its ownership belongs to my grandfather
before, but also because the house of my parents was located
nearby. And besides, as I have stated likewise above, the adjacent
landowners are my close relatives;
6. I have never seen Francisco Heraldez making any planting or
introducing any improvement to the land of Sps.Dionisio Alqueza
and Pacita M. Alqueza. This observation is also true during the
lifetime of Marcelino Macapobre, Sr., for he was the one tilling the
said parcel of land together with that Apolinario Villagante;

7. Likewise, I have not seen the said Francisco Heraldez and his family
enjoying anything growing in the said parcel of land. I did not see
them gathering coconuts. They were merely living there, though the
house which was small back in 1975 or later, became bigger and
there was even another house constructed nearby. And because the
family of Francisco Heraldez is becoming bigger, , they even
convinced my relative, Lito Birao, son of Melecio Birao, to be
allowed to build another house in their adjacent property. Hence,
Francisco Heraldez daughter, have now a house constructed on the
adjacent lot of my said relative, Lito Birao;
8. I can say with certainty that the only person I usually saw gathering
coconuts in the property of Marcelino Macapobre, Sr., now owned by
Sps.Alqueza, was Apolinario Villagante. It was only a few years ago
when I have noticed that this Francisco Heraldez, together with his
children, gathered the coconuts growing on said parcel of land. And
I know further that at this time, there was already a case filed by
Sps.Alqueza against Francisco Heraldez for them to vacate the
formers property;

47

9. That I am executing this affidavit to attest the truth of the foregoing


facts;
IN WITNESS WHEREOF, I have hereunto affixed my signature this ____
day of December 2005 at Toledo City.

FREDDIE BIRAO
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, this ____ day of December
2005 at Toledo City.

I hereby certify that I have personally examined the affiant and I am


satisfied that he fully understood and voluntarily executed the same.

REPUBLIC OF THE PHILIPPINES)


CITY OF MANDAUE . . . . . . . .) S.S.

AFFIDAVIT
I, BERNARDITA Q. MANGUBAT, Filipino, of legal age, single, a
resident of Tabunan, Borbon, Cebu, after having been duly sworn to in
accordance with law, depose and say :
1. I was the defendant in Civil Case No. T-1112, with Iluminada Condor
Villegas as plaintiff. The case was decided in plaintiffs favor;
2. Lately, my lawyer in above civil case, Atty.Roberto R. Arendain,
asked for my permission that he would be allowed to accept the
proposal of Mrs.Iluminada Condor Villegas that he would become
her lawyer in ejecting those squatters occupying the parcel of land
that was the subject of above civil case;
3. In asking for my permission, Atty.Arendain additionally told me that
Mrs.Villegas would pay him a contingent fee of Two Hundred NinetyEight (298) sq.mtrs., of subject land which is designated as
48

Cadastral Lot No.2660, covered by Tax Declaration No.047-004362,


for year 1985. Atty.Arendain, regarding the same subject, offered
me of which I accept with great appreciation, Fifty (50) sq.mtrs, of
his contingent fee, once the purpose of his professional services to
Mrs.Villegas be accomplished;
4. Furthermore, Atty.Arendain requested my concurrence and
agreement that his contingent fee of which I am given and have
accepted 50 sq.mtrs. once the same would be delivered to him by
Mrs.Villegas, would necessarily be included once there is a buyer for
the entire parcel and would not buy unless the whole area of Two
Thousand Two Hundred Ninety-Eight (2,298) sq,mtrs, would be sold.
In effect, if that happens, we will be sharing in money equivalent to
our respective areas which is Two Hundred Forty-Eight (248)
sq.mtrs, for Atty. Arendain and Fifty (50) sq.mtrs. for this affiant. I
further agree that the price once that situation arise, would be the
sole prerogative of Atty.Arendain and Mrs.Villegas;
5. That I am executing this affidavit to attest the truth of the foregoing
facts and to reiterate that I am allowing Atty. Arendain to handle the
case of ejectment for Mrs.Villegas in relation to the same property
which was the subject of above civil case;
IN WITNESS WHEREOF, I have hereunto affixed my signature this _____
day of January 2006 at Mandaue City.

BERNARDITA Q. MANGUBAT
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, this 4 th day of January 2006
at Mandaue City, affiant exhibiting her Community Tax Certificate No.
19950388, issued on January 8,2006 at Borbon, Cebu.

Doc. No.____;
Page No.____;
Book No.____;
Series of 2006

49

REPUBLIC OF THE PHILIPPINES )


CITY OF MANDAUE . . . . . . . . . . . .)

AFFIDAVIT
I, AGNES RASONABLE ANCAJAS, Filipino, of legal age, single, a resident
of _________, after having been duly sworn to in accordance with law, depose
and say, THAT:
1. On March 24, 2001, I gave birth to a baby girl named Jonessa
Ancajas at the Cebu City Medical Center.
2. I have registered the fact of birth on April 20, 2001 in the Register of
Births, Office of the City Civil Registrar, Cebu City, bearing Registry Number
2001 08993;
3. That Jonessa Ancajas is my first child;
4. That I am executing this affidavit to attest the truth of the foregoing
facts, and for whatever legal purpose it may serve.

50

AGNES RASONABLE ANCAJAS


Affiant

SUBSCRIBED AND SWORN TO, before me this ___ day of February


2006, affiant exhibiting to me her Community Tax Certificate No. ________
issued on _____________ issued at _______________.

Doc. No.____
Page No.____
Book No.____
Series of 2006
REPUBLIC OF THE PHILIPPINES)
CITY OF MANDAUE . . . . . . . ) S.S.

AFFIDAVIT
WE, RICARDO MONTANTE,SR., Filipino, of legal age, a resident of
Maharlika, Tipolo, Mandaue City, and FABIAN VERGEL, likewise Filipino, of
legal age, also a resident of Maharlika, Tipolo, Mandaue City, after having
been duly sworn to in accordance with law, depose and say :
1.

We personally saw the demolition of the houses of Rogelio


Baclohan, Godofredo Cuevas, Carlos Senido, and Alberto Yongco, by
Domingo A. Bartolome, Jr., Anthony Taylo, Jun Prada, Joseph Suico,
Cesar Ylanan, Macario Inoc, and other persons whose name we do
not know, last January 24,2006, at around 9:00 in the morning;

2. It was a pity and indeed very sad to see aforenamed owners of


small houses demolished despite the pleas and implorings of said
owners and their spouses to defer the demolition until they can find
a place to transfer or until they can ask the Mayor or other officials
of Mandaue city that they be allowed to stay in the subject area if
only for reason of compassion, for them and their children,
considering that it is a public land;
3. Without listening to the aforesaid pleas, the demolition proceeded
lasting only for a short time, considering that the houses were made
of light materials. Thereafter, those owners and their children were
exposed to the elements. We can only sympathized to their
sufferings;
4. We are executing this affidavit as to the truth of the foregoing.

51

IN WITNESS WHEREOF, we have hereunto affixed our signatures this


____ day of February 2006 at Mandaue City.

RICARDO MONTANTE,SR.
Affiant

FABIAN VERGEL
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, this _____ day of February


2006 at Mandaue City.

This certifies that I have personally examined affiants herein and I am


satisfied that they voluntarily executed and understood this affidavit.

REPUBLIC OF THE PHILIPPINES)


CITY OF MANDAUE . . . . . . . .)
AFFIDAVIT OF NO EMPLOYEE
I, NORMA JEAN S. MARATAS, Filipino, of legal age, married, a resident of
Jugan, Consolacion, Cebu, after having been duly sworn to in accordance
with law, depose and say :
1. My husband, Leo G. Maratas, is the licensee and proprietor of
LGMaratas Surveying & Engineering Services, doing business at
above address. In reality, said business is under the absolute
community of property between this affiant and her husband in
accordance with the Family Code;
2. We have the above-named business to be registered with the Social
Security System (SSS). And being a new one, we are not employing
anybody in relation to the operation of the same, but only
ourselves;
3. I am executing this affidavit to attest the truth of the foregoing facts
and inorder to state under oath the fact that the aforenamed
business is solely operated by this affiant and her husband
meantime;
IN WITNESS WHEREOF, I have hereunto affixed my signature this 17th
day of February 2006 at Mandaue City.

52

NORMA JEAN S. MARATAS


Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, this 7 th day of February
2006 at Mandaue City, affiant exhibiting her Community Tax Certificate
No.00678835, issued on Jnauary 2,2006 at Consolacion, Cebu.
Doc. No.____
Page No.____
Book No.____
Series of 2006

53

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