REPUBLIC OF THE PHILIPPINES

PROVINCE OF NUEVA VIZCAYA

MUNICIPALITY OF BAYOMBONG

)
) S.S
)

AFFIDAVIT
I, JULIE P. SIMONGO, of legal age, married, Filipino citizen
and a resident of Brgy. Didipio, Kasibu, Nueva Vizcaya, after having
been duly sworn to in accordance with law, hereby depose and state
that:
1. I acquired a house and lot from Spouses Ben Magastino and
Rita Magastino, both of legal age, married and residents of
Brgy. Didipio, Kasibu, Nueva Vizcaya;
2. The lot is located at Sitio Dinaoyan, Brgy. Didipio, Kasibu,
Nueva Vizcaya with an area of 750 square meters while the
house is about 20 X 30 square meters;
3. After acquiring said lot, I together with my husband introduced
improvements by planting papaya, and medicinal plants;
4. Sometime in 2004, Mr. Peter Atiwon, employee of APMI (now
Oceana), came to us and talked to us regarding the possibility of
selling our possessory rights over our property to APMI and in
return they will provide us a relocation site where we can
establish a new home;
5. Mr. Peter Atiwon tried to convince us to sell our property to
APMI because the Company needs it for their mining activities
and because of the convincing words uttered by Mr. Atiwon we
decided to sell the house to APMI while waiving our possessory
rights over the lot with an area of 750 square meters;
6. Sometime in 2005, APMI bought the house in the amount of
P225,000 which was paid to us in cash and we signed a
document embodying the sale;
7. With regard to the waiver of possessory rights over the parcel of
land, we were asked to sign a document Agreement to Vacate
with Waiver and Quitclaim which I read before I signed, and
after signing the document I asked for the document which
contains their promise of relocation since the Agreement to

Vacate with Waiver and Quitclaim does not have any provision
regarding their promise to provide a relocation area;
8. It was Atty. Agpoa who answered me that we will sign our
relocation papers (Relocation Agreement) in their office at
Didipio because we received the payment of the value of the
house in their office at Bayombong;
9. However, after going to the office and inquiring on the
additional document to be signed regarding the relocation, he
told me that there is no other document to sign regarding our
relocation since we already waived our rights over the property.
I trusted them that they will comply with their promise of
relocation, however, up to this time and despite repeated
demands, the Company failed to comply with their obligation to
provide us an area for relocation, to our damage and prejudice;
10. I inquired further from Atty. Carina Dulinayan, but she gave the
same answer;
11. The Company, APMI, also made additional promise to us that
we will receive educational assistance for each family who has a
child studying. I received 10,000 for the first year, however, I
did not receiving anything from APMI for the succeeding years
up to this time. They asked us to sign a document Addendum
to Agreement to Vacate but we refused to sign it since the first
time they made a promise they failed to comply with it;
12. I attest to the veracity of the foregoing statements and hereby
execute this affidavit for all legal intents and purposes.
IN WITNESS whereof, I have hereunto set my hand on this
affidavit this ____ day of January 2017 at Bayombong, Nueva
Vizcaya.

JULIE P. SIMONGO
Affiant
SUBSCRIBED AND SWORN TO before me this ___ day of
January 2017 at Bayombong, Nueva Vizcaya.