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Republic of the Philippines }

In the City of Naga }S.S

COMPLAINT-AFFIDAVIT

I, STEPHEN C. MENDOZA, Filipino, of legal age, married, and


a resident of B5 L13, R. Felipe St., Concepcion Grande, Naga City,
under oath, states that:

1. I was accused of the felony of Grave Threats as defined and


penalized by Art. 282 of the Revised Penal Code, in Criminal
Cases No. S-4582 and S-4583 before the 7th Municipal Circuit
Trial Court of Tigaon, Camarines Sur, both docketed as People of
the Philippines vs. Stephen C. Mendoza.

Copies of the Informations on the two cases are hereby attached to


this Complaint-Affidavit as Annexes "A" and "B", respectively, and
made integral part hereof.

2. In a Joint Judgment by the Honorable Court on the above criminal


cases, dated May 22, 2015, by the Honorable Jorge John S. Aganan,
I was acquitted of the said charges. The dispositive portion of said
judgment reads:

"CRIMINAL CASE NO. S-4582:

WHEREFORE, premises considered, accused


STEPHEN C. MENDOZA on ground of reasonable doubt, is
ACQUITTED of the crime charged in Crim. Case No. S-
4582.

SO ORDERED.

CRIMINAL CASE NO. S-4583:

WHEREFORE, accused STEPHEN C. MENDOZA is


also ACQUITTED on ground of reasonable doubt of the
crime charged in Crim. Case No. S-4583.

SO ORDERED."

Copy of said Judgment is hereby attached to this Complaint-


Affidavit as Annex "C" and made integral part hereof.

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3. During the prosecution's presentation of evidence, Prosecution
Witness ROLANDO CONDAT Y NABO, Filipino, married, and a
resident of Sitio Lubas, Sibaguan, Sagay, Camarines Sur,
knowingly and falsely testified against me committed in the
following manner:

a. On April 17, 2009, Mr. Condat executed an Affidavit stating


facts and events which allegedly transpired on March 21,
2009. In summary, Mr. Condat stated that when my cousin
Leopoldo Guillermo "Boyet" Mendoza III went to Sitio Lubas
on March 21, 2009, it was only my other cousins Hiram
Othelo M. Rogando, and Pethyas P. Mendoza who were
with him. My name was never mentioned in the Affidavit.

b. However, when he testified on July 4, 2014 during the trial of


my cases, he identified and adopted a Judicial-Affidavit
dated April 21, 2014 which already implicated me as one of
those who accompanied my cousin Boyet.

Thus, in his April 20, 2009 Affidavit, he stated:

4. Q: At the time you were harvesting, where was


Leopoldo Guillermo Mendoza III?

A: He was with Utilo and Pichas Mendoza talking


with Salome Buela.

But in his April 21, 2014 Judicial-Affidavit he stated:

5.H: Kan Marso 21, 2009, nagigiromdoman mo kung


nahiling mo sinda?

S: Iyo po ta pagka-pangudto ko kan aldaw asin oras na yan,


nagduman ako sa may harong ni Pelagio Dacillo sa gilid kan
tinampo susog sa pasabi sako ni Boyet kan hapon ning Marso
20, 2009.

6.H: Sisay an naabutan mo kan mag-duman ka, kung igwa man?

S: Naabutan ko duman sa Boyet, Stephen, Pethyas, saka Utilo


saka si ibang kalalakihan na arog ko, pina-apod man ni Boyet.

Copies of both Affidavits are hereby attached to this


document as Annexes "D" and "E", respectively, and
made integral part hereof.

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d. On July 4, 2014 during the cross-examination of Mr. Condat
by my counsel, Atty. Leo Caayao, he admitted in open court
that he voluntarily testified against me because he had been
given priority by Bong Quillope (private complainant in the
twin cases of Grave Threats against me) to live in the land
subject matter of litigation between Mr. Quillope and my
cousin Boyet Mendoza, and that he gladly accepted the
invitation of Mr. Quillope to execute a Judicial-Affidavit on
rebuttal and testify against me.

And on October 17, 2014, during the cross-examination of


Mr. Samuel Bisco y de los Santos, another prosecution
witness, the latter testified in open court that both of them
were promised by Bong Quillope that if they testify against
me, they will not be included in a criminal complaint for
qualified theft.

Thus, the transcript of stenographic notes during the July 4,


2014 cross-examination of Rolando Condat and the October
17, 2014 cross-examination of Samuel Bisco reveals:

TSN
CRIM. CASE NO. S-4582/4583 and S-4588
July 4, 2014
Witness: Rolando Condat
Page 7
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

QUESTION :And in fact, because of gathering coconut, criminal


complaint was filed against you and Pelagio Dacillo,
Enio Dacillo, Marvin Hernandez, do you remember
that?

ANSWER :Yes sir, we were together.

Q :But you will notice that your name and that of


Samuel Bisco, the other witness for sur rebuttal are not
included there anymore?

A :No sir.

Q :You were no longer included by Mr. Quillope as


respondent in that case for qualified theft because
you were convinced to testify against Guillermo
"Boyet" Mendoza, Stephen Mendoza, Pethyas
Mendoza and Otelo Mendoza, is that correct?

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A :No sir, I voluntarily offered my testimony.

Q :And that was the reason why you were not


included in the indictment for qualified theft?

A :Yes sir,

Q :Do you know the case for qualified theft was


dismissed?

A :No sir.

Q :By the way, also for volunteering to testify against the


Mendoza's and the persons you were in company
with, you were allowed by Mr. Quillope to stay in the
land which is now litigated between Vicente Ulysses
Quillope and Mr. Mendoza?

A :I asked permission from Mr. Quillope and he allowed


me to live in that place.

Q :That's why you will recall in that forcible entry case


filed by Mr. Boyet Mendoza against Vicente Ulysses
Quillope, when you were asked by the Honorable judge
who you respect as landlord; you said your Landlord is
Mr. Vicente Ulysses Quillope?

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A :Yes sir.

Q :Because you had been given the priority of


living in the land subject matter of litigation
between Mr. Quillope and Mr. Mendoza, you
gladly accepted the invitation of Mr. Quillope
that you execute a Judicial Affidavit on
rebuttal and testify is that correct?

A :Yes sir.

Q :You did it out of gratitude to him?

A :I voluntarily offered my testimony.

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TSN
CRIM. CASE NO. S-4582/4583 and S-4588
October 17, 2014
Witness: Samuel Bisco
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x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

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Q :Mr. Bisco were you present when Rolando Condat was asked
by Bong Quillope to testify and execute an affidavit against
Stephen C. Mendoza and Guillermo Mendoza?

A :I was present sir.

Q :So, you heard Mr. Bong Quillope that aside from being
dropped from the accusations he was allowed to stay in the
subject land?

A :I was there.

Q :And you heard that promise to Rolando Condat that in


exchange for his executing of an afidavit he can stay in the
land in question?

A :Yes sir.

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Copies of said transcripts of stenographic notes are hereby


attached to this Complaint-Affidavit as Annexes "F" and "G"
and made integral part hereof.

4. I am executing this Complaint-Affidavit to attest to the


truthfulness and veracity of the foregoing statements and for the
purpose of filing a criminal complaint against Mr. Rolando Condat

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y Nabo for the felonies of FALSE TESTIMONY AGAINST A
DEFENDANT and PERJURY IN SOLEMN AFFIRMATION as
defined and penalized under Art. 180 par. 4 and Art. 183,
respectively, of the Revised Penal Code, should probable cause be
found by the Honorable Investigating Prosecutor.

IN WITNESS WHEREOF, I have hereunto set my hand this


______ day of June 2017 at Naga City, Philippines

STEPHEN C. MENDOZA
Affiant/Complainant
Govt issued ID: ___________
Valid Until:_______________

SUBSCRIBED AND SWORN to before me this _______ day of


April 2017 at ____________________, Philippines, affiant having
shown to me his ID and further avowed that the foregoing
statements are based on his own personal knowledge and that the
same is his free and voluntary act and deed.

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