ANGELITA P. DULLANO, of legal age, widow, Filipino, and resident of 31 Lilac st., Phase 4A, El Rio Vista, Bajada, davao city, under oath, depose and say: 1. I am the lawful mortgagee of Lot 2 and 3, Blk. 20, monfort ave, Km. 3 Upper Bajada. 2. I received a phone call from my cousin PA
ANGELITA P. DULLANO, of legal age, widow, Filipino, and resident of 31 Lilac st., Phase 4A, El Rio Vista, Bajada, davao city, under oath, depose and say: 1. I am the lawful mortgagee of Lot 2 and 3, Blk. 20, monfort ave, Km. 3 Upper Bajada. 2. I received a phone call from my cousin PA
ANGELITA P. DULLANO, of legal age, widow, Filipino, and resident of 31 Lilac st., Phase 4A, El Rio Vista, Bajada, davao city, under oath, depose and say: 1. I am the lawful mortgagee of Lot 2 and 3, Blk. 20, monfort ave, Km. 3 Upper Bajada. 2. I received a phone call from my cousin PA
I, ANGELITA P. DULLANO, of legal age, widow , Filipino , and resident of 31 Lilac St., Phase 4A, El Rio Vista, Bajada, Davao City, under oath, depose and say:
1. That I am the lawful mortgagee of Lot 2 and 3 , Blk. 20, Monfort Ave., Km. 3 Upper Bajada, Davao City;
2. That on April 12, 2014 at around 11:10 in the morning, I received a phone call from my cousin PATROCENIA L. IGNACIO informing me that spouses JULIANITO P. LACBAIN and ALGERICA S. LACBAIN, their son JOAL S. LACBAIN, ATTY. BENJAMIN V. DIGNADICE, JR, and four hired laborers forcibly entered the bamboo gate situated at Lot 2, Blk. 20, which the same gate we are sharing at Lot 3, Blk. 20 with my cousin, when ALGERICA S. LACBAIN strongly kicked for three (3) times the bamboo gate until it fell down to the ground and all of them got inside ;
3. That when the illegal intruders successfully entered the premises, they destroyed the bamboo fence and immediately built a new fence enclosing Lot 3, Blk. 20, using the same materials they have destroyed ;
4. That when they entered the house built thereon at Lot 3, Blk. 20, which was currently occupied by my nephew GERSON C. PRENGASE while repairing the said house, they scattered the things inside and removed some of my personal belongings and put it on the ground which were eventually ruined by rain later in that afternoon ;
5. That after they successfully entered and destroyed the fence, my cousin called a police assistance from Central 911 which was given due course;
6. That when we arrived at the area, there were already police officers who personally witnessed that my personal belongings were dumped on the ground and that the intruders were currently erecting the new fence;
7. That I , together with my cousin PATROCENIA L. IGNACIO, immediately made a police blotter at San Pedro Police Precinct and thereafter requested for another police assistance to invite the illegal intruders at the police station for further inquiry which was manned by Major Lerios and his men;
8. That the whole incident made by the illegal intruders caused sleepless nights and nervous for the safety of my cousin PATROCENIA L. IGNACIO considering the fact that she currently lives alone and that only the spouses JULIANITO P. LACBAIN and ALGERICA S. LACBAIN were imprisoned while the other illegal intruders were free ;
9. That the incident happened inside my house has all the elements of the crime they have committed ;
10. That I am executing this Affidavit-Complaint in order to formally file a case under Article 280, Qualified Trespass to Dwelling against spouses JULIANITO P. LACBAIN and ALGERICA S. LACBAIN, their son JOAL S. LACBAIN, ATTY. BENJAMIN V. DIGNADICE, JR, and four hired laborers.
IN WITNESS WHEREOF, I have hereto affixed my signature this _____ day of April, 2014, in Davao City.
ANGELITA P. DULLANO Affiant
SUBSCRIBED AND SWORN to before me this ______ day of April, 2014, at Davao City. I further certify that I have personally examined the affiant and I am satisfied that she understood and voluntarily executed this Affidavit-Complaint.
REPUBLIC OF THE PHILIPPINES ) IN THE CITY OF DAVAO ..) S. S. x - - - - - - - - - - - - - - - - - - - - - - - - - x
JOINT AFFIDAVIT OF COMPLAINT
We, ANGELITA P. DULLANO (Complainant 1) , of legal age, widow , Filipino , and resident of 31 Lilac St., Phase 4A, El Rio Vista, Bajada, Davao City and PATROCENIA L. IGNACIO (Complainant 2), of legal age, widow , Filipino , and resident of Lot 2 , Blk. 20, Monfort Ave., Km. 3 Upper Bajada, Davao City, under oath, depose and say:
1. That I , ANGELITA P. DULLANO, the lawful mortgagee of Lot 2 and 3 , Blk. 20, Monfort Ave., Km. 3 Upper Bajada, Davao City;
2. That I, PATROCENIA L. IGNACIO , cousin of Complainant 1 , currently occupied Lot 2, Blk 20 whereby we shared the same gate for both lots;
3. That on April 12, 2014 at around 11:10 in the morning, Complainant 1 received a phone call from Complainant 2 informing that spouses JULIANITO P. LACBAIN and ALGERICA S. LACBAIN, their son JOAL S. LACBAIN, ATTY. BENJAMIN V. DIGNADICE, JR, and four hired laborers forcibly destroyed and entered the bamboo gate situated at Lot 2, Blk. 20, which the same gate shared with Lot 3, Blk. 20 , when ALGERICA S. LACBAIN strongly kicked for three (3) times the bamboo gate until it fell down to the ground and all of them got inside ;
4. That when the illegal intruders successfully entered the premises, they destroyed the bamboo fence and immediately built a new fence enclosing Lot 3, Blk. 20, using the same materials they have destroyed ;
5. That when they entered the house built thereon at Lot 3, Blk. 20, which was currently occupied GERSON C. PRENGASE, nephew of Complainant 1, while repairing the said house, they scattered the things inside and moved out some of personal belongings and put it on the ground which were eventually ruined by rain later in that afternoon ;
6. That after they successfully entered and destroyed the fence, Complainant 2 called a police assistance from Central 911 which was given due course;
7. That when Complainant 1 arrived at the area, there were already Police Officers who personally witnessed that personal belongings from the house built thereon at Lot 3, Blk. 20 were already dumped on the ground and that the illegal intruders were currently erecting the new fence enclosing said lot ;
8. That despite the personal knowledge of the Police Officers that illegal intruders were destroying the bamboo fence and thereafter erected a new fence enclosing Lot 3, Blk 20 using the same materials they have destroyed, the Police Officers, advised us to file a complaint at the Barangay;
9. That both complainants were unsatisfied with the advise of the Police Officers considering it was Saturday and the Barangay Office was closed, both complainants immediately made a police blotter at San Pedro Police Precinct and thereafter requested for another police assistance to invite the illegal intruders at the police station for further inquiry which was manned by Major Lerios and his men;
10. That the incident happened has all the elements of the crime they have committed ;
11. That I am executing this Affidavit-Complaint in order to formally file a case under Article 280, Qualified Trespass to Dwelling against spouses JULIANITO P. LACBAIN and ALGERICA S. LACBAIN, their son JOAL S. LACBAIN, ATTY. BENJAMIN V. DIGNADICE, JR, and four hired laborers.
IN WITNESS WHEREOF, we have hereto affixed our signatures this _____ day of May, 2014, in Davao City.
ANGELITA P. DULLANO Affiant
PATROCENIA L. IGNACIO Affiant
SUBSCRIBED AND SWORN to before me this ______ day of May, 2014, at Davao City. I further certify that I have personally examined the affiants and I am satisfied that they understood and voluntarily executed this Joint Affidavit of Complaint.
REPUBLIC OF THE PHILIPPINES ) IN THE CITY OF DAVAO ..) S. S. x - - - - - - - - - - - - - - - - - - - - - - - - - x
AFFIDAVIT OF WITNESS
I, BERNIE C. PRINGASE, of legal age, single , Filipino , and resident of 31 Lilac St., Phase 4a, El Rio Vista, Bajada, Davao City, under oath, depose and say:
1. That on April 12, 2014 at around 11:10 in the morning, my aunt ANGELITA P. DULLANO received a phone call from my aunt PATROCENIA L. IGNACIO informing the former that spouses JULIANITO P. LACBAIN and ALGERICA S. LACBAIN, their son JOAL S. LACBAIN, ATTY. BENJAMIN V. DIGNADICE, JR, and four hired laborers forcibly destroyed and entered the bamboo gate situated at Lot 2, Blk. 20, which the same gate shared with Lot 3, Blk. 20 , when ALGERICA S. LACBAIN strongly kicked for three (3) times the bamboo gate until it fell down to the ground and all of them got inside ;
2. That then and there , I made a Police Assistance from Central 911 which was given due course;
3. That when we arrived at the area, there were already police officers who personally witnessed that the personal belongings were dumped on the ground and that the intruders were currently erecting the new fence;
4. That when we arrived at the area, there were already Police Officers who personally witnessed that personal belongings from the house built thereon at Lot 3, Blk. 20 were already dumped on the ground and that the illegal intruders were currently erecting the new fence enclosing said lot ;
5. That despite the personal knowledge of the Police Officers that illegal intruders were destroying the bamboo fence and thereafter erected a new fence enclosing Lot 3, Blk 20 using the same materials they have destroyed, the Police Officers, advised us to file a complaint at the Barangay;
6. That we were unsatisfied with the advise of the Police Officers considering it was Saturday and the Barangay Office was closed, we immediately made a police blotter at San Pedro Police Precinct and thereafter requested for another police assistance to invite the illegal intruders at the police station for further inquiry which was manned by Major Lerios and his men;
7. That during inquiry at the police station, spouses JULIANITO P. LACBAIN and ALGERICA S. LACBAIN, and ATTY. BENJAMIN V. DIGNADICE, JR, showed grave ignorance of the Court Judgment rendering ANGELITA P. DULLANO as the lawful owner of both lots;
8. That I am executing this Affidavit-Complaint in order to inform the Prosecutors Office of the offense committed by spouses JULIANITO P. LACBAIN and ALGERICA S. LACBAIN, their son JOAL S. LACBAIN, ATTY. BENJAMIN V. DIGNADICE, JR, and four hired laborers under Article 280, Qualified Trespass to Dwelling.
IN WITNESS WHEREOF, I have hereto affixed my signature this _____ day of May, 2014, in Davao City.
BERNIE C. PRINGASE Affiant
SUBSCRIBED AND SWORN to before me this ______ day of May, 2014, at Davao City. I further certify that I have personally examined the affiant and I am satisfied that he understood and voluntarily executed this Affidavit of Witness.