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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
MARIELITA CENIZA
Affiant
SUBSCRIBED AND SWORN TO before me, this 4th day of January 2008
at Mandaue City, Cebu.
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.
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
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
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.
6.
7.
8.
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
4.
5.
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
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
SOLEDAD MAASIN
Ang nanumpa
SUBSCRIBED AND SWORN TO BEFORE ME, this ____ day of January
2005, at Toledo City.
10
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.
11
)
) 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
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
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
Cebu
Joen Behasa
Lolita Guinita
Allan Tudlasan
Manuel Trazo
Osteniano OrculloNelson Custodio Romeo Poloyapoy
Rufo Doe
-
- Barangay
Barangay
Barangay
- Barangay
Barangay
14
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
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
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
AFFIDAVIT
17
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
18
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.
19
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
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
TERESA GODINEZ
Owner and Manager,
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
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.
23
ALICE SON
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, this ____ day of May 2005 at
Mandaue City.
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
CECILIO ROM
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, this ____ day of May 2005 at
Tabuelan, Cebu.
25
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
ERIC JAYSON
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, this _____ day of May 2005
at Tabuelan, Cebu.
WAIVER OF RIGHTS
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
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
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
JUNBIE JIMENEZ
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME,
2005 at Mandaue City.
30
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
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
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
1974
1974 - 1977
3) HR CONSTRUCTION SUPPLY
Employer ID No. 06-1663612-7
1977 - 2005
34
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
36
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
RANDOLFO LIBRANDO
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, this ____ day of July 2005 at
Mandaue City.
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.
AFFIDAVIT
40
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
41
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
43
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.
MARIETTA R. DOLOTINA
Affiant
CTC No.17304065
Issued on January 24,2005
Issued at Lapu-Lapu City
Doc. No.____ ;
Page No.____ ;
Book No._____;
Series of 2005
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
JULIA L. OUANO
Affiant
CTC No.
Issued on
Issued at
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
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
FREDDIE BIRAO
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, this ____ day of December
2005 at Toledo City.
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
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
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
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.
51
RICARDO MONTANTE,SR.
Affiant
FABIAN VERGEL
Affiant
52
53