Republic of the Philippines

DEPARTMENT OF JUSTICE
OFFICE OF THE PROVINCIAL PROSECUTOR
Province of Cagayan
Tuguegarao City

NELIA R. DE LEON, NPS NO. -11-02-INV-13K-00453

Complainant,

- Versus –

ELVIE SACOBO, ET AL,

Respondent.
X - - - - - - - - - - - - - - - - - - - -x

Republic of the Philippines)

Province of CAGAYAN ) S.S.
City of Tuguegarao )

AFFIDAVIT

I, NICK ORPILLA, of legal age, married, Filipino and presently residing at

Barangay Masin , Alcala, Cagayan, Philippines, after having been duly sworn on
oath in accordance with law, depose and state:

1. That I am the Security Guard of Alcala Municipal Hospital, Alcala,

Cagayan;

2. That on June 28, 2013, I was then on duty, and I saw that Jose Barsatan
and his companion Nelia De Leon, who were then riding on a single
Motorcycle, were accidentally fell on the canal near the hospital where I
am on duty;

3. That I help Jose Barsatan who was then drunk, and sustained wounds
on his head, while his companion Nelia De Leon was also treated as she
fell down on the cemented portion of the canal;

4. That they were not confined in the Hospital and they leave immediately
after proper treatment;
 5. That I am executing this Affidavit in order to attest to the truth and
veracity of the foregoing statement.

FURTHER AFFIANTS SAYETH NAUGHT.

NICK ORPILLA
Affiant

SUBSCRIBED AND SWORN to before me this _____ day of January, 2014 at

Tuguegarao City, Cagayan.
Republic of the Philippines)
Province of CAGAYAN ) S.S.
City of Tuguegarao )

COUNTER-AFFIDAVIT

I, JOSEPH BELEN GUERRER, of legal age, Filipino, married and presently residing at
Barangay Monte Alegre, Amulung, Cagayan, after having been duly sworn to in accordance with
law, depose and state, THAT:

I stand charge together with Isidro G. Rumusud and Joseph b. Guerrero for Murder for
the death of Estrelito Padilla based on the complaint-affidavit of his widow Leonida Alipio
Padilla before the Provincial Prosecutor’s Office of the Province of Cagayan, docketed as NPS
Docket No. INV-12A-00002 and assigned to Assistant Provincial Prosecutor Agapito Z. Sampaga;

I deny in the strongest manner possible the charge leveled against me as pure
harassment as it is bereft of any iota of truth and the figment of the imagination of the above
cited complainant;

I was never in the place of the victim and complainant on November 7, 2011 at or about
7:00 as alleged in the complaint-affidavit;

Stated hereunder were my chronological activities on November 7, 2011;

I woke up at around 5:00 P.M. Dictimo Malamug, Gilbert Simulata, catalino Marcos and I
finished our work fishing at the creek in the area of the Municipality of Amulung, Cagayan;

At around 6:00 P.M. Dictimo Malamug, Gilbert Simulata, Catalino marcos and I gathered
together in front of the house of Dictimo Malamug for our traditional drinking get together after
hard day’s work;

We cooked some of the fish catch for the day for our pulutan and started drinking
ginebra san Miguel;

At around 8:30 P.M. we moved inside the house of Dictimo Malamug and resumed our
drinking but now with Sing-a-Long Videoke;

We called it a night at around 10:00 P.M. and repaired to our respective houses;

Afterwards, I went to bed and woke up at around 5:00 A.M.;

I cooked breakfast and prepared take out lunch for m y child. Thereafter I accompanied
my child to school;

It must also be relevant to state here that I am not a resident of Santiago, Iguig, Cagayan
but rather of Barangay Monte Alegre, Amulung, Cagayan and I am even a Kagawad of Monte
Alegre;

I visit Iguig, Cagayan, my place of birth only on special occasions the last being on July
25, 2011 to celebrate the town feast of our town and that was the last time I was with Roger
Rumusud and Isidro Rumusud;
 I also deny the untruthful general and sweeping statement on the complaint-affidavit
that Isidro Rumusud, Roger Rumusud and I collectively threatening to harm Estelito Padilla
three (3) days before November 7, 2011 as this never happened for the simple reason that
there was not any instance that the three of us were together on any day in November 2011
prior to this said event on November 7, 2011 because Joseph Belen Guerrero has never been to
Santiago, iguig, Cagayan as the last time the three of us were together in our Barangay was on
the celebration of our town feast on July 25, 2011;

How could we have made the threat to the victim if we were never together on any day
in November, 2011?

I would like also to take note of my helplessness to submit a detained response to this
alleged threat due to my inability to comprehend it due to its vagueness as there was nothing
mentioned therein where it was made, how it was made, what day was it made, what time was
it made, and the circumstances leading to it. Why these lack of detail?

Because it never happened. This is so because this sweeping allegation was only the
concoction of the complainant to perpetuate her lies and to further her harassment of the three
of us;

I also take exception to the timeliness of the victim’s wife in filing a complaint against us
to the police and filing this complaint;

She filed this complaint affidavit also on January 4, 2012 close to two (2) months after
allegedly witnessing his husband being dragged from their house. Only she can provide her real
motive in filing this complaint and the only thing we can do is to expose her inconsistent and
conflicting stories as proof of her concoction and lies as shown below;

She alleged that at around 7:00 P.M. of November 7, 2011, she was inside their house
waiting for her husband to arrive when she saw Isidro Rumusud opened the door and then
Roger Rumusud and I dragged her husband;

This is the very meat of her allegation but she could not still make her story straight
because a person is ALWAYS caught on her own lie. She said that she was inside their place
waiting for her husband clearly stating that her husband was not inside their house at around
7:00 P.M.

How could her husband then been dragged from the inside to the outside of their
place when he was not inside the house in the first place?

This is so because this alleged incident that she stated in her affidavit never happened
and is indisputable evidence that complainant indeed invented this story of our involvement in
the death of her husband;

I am executing this Counter-Affidavit freely and voluntarily and attest to the truth of the
foregoing statements.

FURTHER AFFIANT SAYETH NAUGHT.

JOSEPH B. GUERRERO
Affiant
 SUBSCRIBED AND SWORN to before me this ____ day of February, 2012 at Tuguegarao
City, Cagayan.

Republic of the Philippines)

Province of CAGAYAN ) S.S.
City of Tuguegarao )

JOINT – AFFIDAVIT
WE, DICTIMO MALAMUG, GILBERT SIMULATA and CATALINO MARCOS, all of legal ages,
Filipino citizens, married and all residents Barangay Monte Alegre, Amulung, Cagayan, after
having been duly sworn to in accordance with law, hereby depose and state, THAT:

We personally know Joseph Belen Guerrero as he is a resident of Barangay Monte

Alegre, Amulung, Cagayan, the same Barangay where all of us are also residents;

Joseph Belen Guerrero is also a kagawad at our Barangay;

In the morning of November 7, 2011, Joseph Belen Guerrero and we went for fishing at
the creek in the area located in Amulung, Cagayan;

We finished the work at around 5:00 P.M. and repaired home;

At around 6:00 P.M. Joseph Belen Guerrero and us gather together in front of the house
of Dictimo Malamug for our traditional drinking get together after hard day’s work;

We cooked some of the fish catch for the day for our pulutan and started drinking
Emperador light;

At around 8:30 P.M. we moved inside the house of Dictimo Malamug and resumed our
drinking but now with Sing-a-Long Videoke;

We called it a night at around 10: oo P.M. and repaired to our respective houses;

Afterwards we went to bed;

We are executing this joint-affidavit freely and voluntarily and attest to the truth of the
foregoing statements.

FURTHER AFFIANT SAYETH NAUGHT.

DICTIMO MALAMUG GILBERT SIMULATA

Affiant

CATALINO MARCOS
Affiant

SUBSCRIBED AND SWORN to before me this ____ day of February, 2012 at Tuguegarao
City, Cagayan