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Republic of the Philippines

REGIONAL TRIAL COURT


BRANCH 58, CEBU CITY
7TH Judicial Region

People of the Philippines


Plaintiff.

-versus- CRIM CASES NO. 44547


FOR: PERJURY

MARIANO T. BULANGHOY
Accused.
x----------------------------------------x

JUDICIAL AFFIDAVIT
Of
Complaint
PATROLMAN PETER S. ATIL

I, Patrolman Peter S. Atil, of legal age, a resident of Barangay Sitio


Mahayahay 6 Street Apas Cebu City, after having been sworn to in accordance
with law, do hereby depose and state:
(1) I am executing this Complaint-Affidavit to formally charge as having
committed a criminal act of perjury against Mariano T. Bulanghoy, who is a
resident of Jagobiao Mandaue City;
(2) I am also executing this Complaint Affidavit to also formally charge, by reason
of conspiracy to commit the crime of perjury, the following police officers:
i. Patrolman Gemar Ginaling, who can be served with summons or subpoena or
other processes of this case at the Mabolo Police Station 3 Cebu City;
ii. Police Corporal Daniel Humba, who can be served with summons or subpoena
or other processes of this case at the Mabolo Police Station 3 Cebu City;
iii. HONORABLE Joshua Pinakbet who is the present City Prosecutor of the
Office of the City Prosecutor of Cebu City, who can be served with summons or
subpoena or other processes of this case at the Office of the City Prosecutor , Hall
Of Justice, Capitol Compound Road, Cebu City
iv. HONORABLE Martin Balbacua who is an Assistant City Prosecutor of the
Office of the City Prosecutor of Cebu City, who can be served with summons or
subpoena or other processes of this case at the Office of the City Prosecutor Hall
Of Justice, Capitol Compound Road, Cebu City
(3) In committing such crime, respondent Marciano Bulanghoy was motivated
by the motive to compel me to pay to return to her the amount of TWO
HUNDRED FIFTY THOUSAND PESOS (₱250,000.00) that she gave to me as
her downpayment for the sale of a parcel of land in the amount of FOUR
HUNDRED FIFTY THOUSAND PESOS (₱450,000.00).
(4) In that sale transaction with respondent Marciano Bulanghoy, he and I agreed
that she buy my real property covered by ABC NO. 123456789 of the Registry of
Deeds of Santander;
(5) The same TCT No. 123456789 covered a parcel of lot described as LOT 69,
BLOCK 45 of (LRC) Psd-1234588;
(6) A copy of TCT No. 123456789 is attached hereto as ANNEX “Z”;
(7) After respondent Marciano Bulanghoy gave me the initial downpayment of
TWO HUNDRED FIFTY THOUSAND PESOS (PhP250,000.00), he found some
problems with the lot, particularly the squatters on the lot, so that she backed out
of the agreement unilaterally;
(8) During the transaction, I gave Marciano Bulanghoy a copy of the same TCT
No 123456789;
(9) So that Marciano bulanghoy was fully knowledgeable that what was being
sold to him was a parcel of land covered by TCT No. 123456789 described as Lot
14, Block 4 of (LRC) Psd-111570;
(10) Because I cannot as yet return the money of Mr. Bulanghoy, he summoned
me to the barangay and we had some understanding there;
(11) Because I have had no money yet, I have not yet given back to Mr.
Bulanghoy;
(12) Because I failed to give money to him, Mr. Bulanghoy went to the Criminal
Investigation Section of the ;
(13) Without going first to the barangay to collect my obligation, respondent
Marciano Bulanghoy proceeded directly to the Criminal Investigation Section of
the Mabolo Police Station 3 Cebu City and the chief therein, Patrolman Gemar
Ginaling, and Police Corporal Daniel Humba conspired with him to lie under oath
that I offered to sell to Marciano bulanghoy parcel of land covered by TCT No.
123456789 of the Registry of Deeds of Santander;
(14) They did the same deliberately because all the respondents knew well that
the parcel of land that I offered to sell to Basaria Manalo Ayob was a parcel of
land covered by TCT No. 20413, of the Registry of Deeds of Santander;
(15) , Patrolman Gemar Ginaling, used his power to cause the said complainant to
be attended to by his office that he used then Police Corporal Daniel Humba to
conduct the investigation and prepare the judicial affidavit of Marciano
Bulanghoy;
(16) In that judicial affidavit, all the respondents conspired to produce the act of
the execution under oath of that judicial affidavit where they lied that I offered to
sell to Marciano Bulanghoy parcel of land covered by TCT No. 123456789;
(17) The Judicial Affidavit of Marciano Bulanghoy that they all conspired to be
executed is attached hereto as part of ANNEX “B” series;
(18) For emphasis, in the same Judicial Affidavit all the respondents lied to state
under oath that I offered to sell to Marciano Buylanghoy a parcel of lot covered by
TCT No. 123456789 when in truth I did not offer the same lot covered by TCT No.
123456789, of the Registry of Deeds of Santander;
(19) The lot covered by TCT No123456789 is a parcel of land identified as LOT
NO. 13, BLOCK 5 of (LRC) Psd-166966969;
(20) A copy of TCT No. 123456789 is attached hereto as ANNEX “Z”;
(21) The respondent’s police officers were motivated by gain because Mr.
Bulanghoy gave them rewards for allowing themselves and their office that is the
Criminal Investigation Section as THE COLLECTION AGENCY FOR A SUM OF
MONEY;
(22) The proof of this motive is RES IPSA LUQUITOR, because it is very clear
that the subject of the supposed sale to Marciano Bulanghoy was Lot 14 and not
Lot 13;
(23) To repeat, it is a fact that TCT No. 123456789 is not involved in the sale
transaction and this fact cannot be mistaken by ordinary individuals;
(24) With that fact that it was very clear that the respondents cannot mistake
what parcel of land was being sold was the one covered by TCT No. 20413, and
yet they still made it to appear in the same Judicial Affidavit that I tried to sell to
Marciano Bulanghoy the parcel of land covered by TCT No. 123456789, it is very
clear that they committed the crime of perjury by conspiring with each other;
(25) That is an evidence of RES IPSA LUQUITOR, which means that the same
transaction or act speaks for itself;
(26) Additionally, the respondents proceeded in filing the same complaint before
the Office of the City Prosecutor of Office of the City Prosecutor Hall of Justice,
Capitol Compound Road, Cebu City despite the fact that there was already that
written agreement on the return of the ₱250,000.00 before the barangay, that
they should have examined what was the certificate of title and the parcel of land
that were involved;
(27) As a proof that these police officers caused the filing of this case before the
Office of the City Prosecutor, a copy of the letter of the Criminal Investigation
Section of the Mabolo Police Station, dated July 30, 2020, is attached hereto as
ANNEX “D” series;
(28) Now, the same complaint for estafa could have not been acted upon and to
be resolved into the finding of probable cause for estafa without the participation
of respondents Arnold D. Tukmol and Jacques Ajinimoto Chapsoy;
(29) While it was very clear that there was no estafa because it was very clear
from the Judicial Affidavit of Maricniano bulanghoy that she was clearly lying
when she claimed that I mispreresented by offering for sale to her that TCT No.
123456, respondent Arnold D. Tukmol and Jacques Ajinomoto Chapsoy abused
their power by coming out with a resolution declaring that there is that probable
cause for estafa when it was very clear for them and elementary for them to see
that I did not offer that TCT No. 123456789 for sale to Marciano Bulanghoy;
(30) Therefore, malice was very clear to be present on the part of Tukmol and
Ajninimoto-Chapsoy, as well as all the respondents who are police officers and
respondent Marciano Bulanghoy;
(31) A copy of the same Resolution is attached hereto as ANNEX “E”;
(32) Respondents Tukmol and Ajininomoto-Chapsoy filed a criminaI information
of estafa against me and a copy of the same is attached hereto as ANNEX “F”;
(33) Respondents Tukmol and Ajinimoto cannot claim that they just performed
their official function regularly because it is blatant to any eye to see that I did not
sell or tried to sell the parcel of land covered by TCT No. 123456789;
(34) I am executing this complaint-affidavit and I am aware that I have
subjecting myself to the pain of perjury in case I am found guilty of lying in any of
the statements in this affidavit;
(35) In the meantime, I reserve other statements for occasions when need
therefor would arise.

IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of


October at Cebu City.

PATROLMAN PETER S. ATIL


PNP ID NO. UCB-
Consolacion Police Station.
SUBSCRIBED AND SWORN to before me, this 23th day of October 2020
in Cebu City, affiant being personally known to me to be the same person who
executed this Judicial Affidavit and exhibiting to me his Driver's License bearing
No. GTR-789456123 expiring on 10/12/2020.

Doc.No. 123; ATTY. TIMOTHY SINIGANG


Page No.1 NOTARY PUBLIC
Book No. VIII UNTIL DEC. 31, 2020
Series of 2020 ATTY’S ROLL NO.33596
IBP NO.558674889 JANUARY 2019
ISSUED AT CEBU CITY
ATTESTATION
I, Timothy Sinigang, of legal age, Filipino, single, with residence at Brgy.
Apas, Cebu City, and a lawyer, after having been duly sworn to in accordance with
law, hereby depose and state THAT:

I am the lawyer who conducted and supervised the examination of the herein
complainant-affiant of this Judicial Affidavit.

I faithfully recorded or caused to be recorded the question I asked and the


corresponding answers that the herein complainant-affiant provided.

Neither I, nor any other person then present or assisting the complainant-
affiant, coached regarding his answers to the questions asked.

IN WITNESS WHEREOF, I hereunto affix my signature this 26 day of


October 2020 in Cebu City, Philippines.

ATTY. TIMOTHY SINIGANG


Counsel for Complainant/Affiant
IBP OR No.77878787988989
Roll No. 969696996
MCLE Compliance III – 00055656
LTO Driver’s License No. PORN 456789965
Expiry date: 2020-12-15
SUBSCRIBED AND SWORN to before me, this 26th day of October 2020
in Cebu City, affiant being personally known to me to be the same person who
executed this Judicial Affidavit and exhibiting to me his Driver's License bearing
No. PORN 5-11-889789 expiring on 10/12/2020.

Doc.No. 6969; ATTY. TIMOTHY SINIGANG


Page No.1 NOTARY PUBLIC
Book No. VIII UNTIL DEC. 31, 2020
Series of 2020 ATTY’S ROLL NO.33596
IBP NO.558674889 JANUARY 2019
ISSUED AT CEBU CITY