Affidavit Dwelling

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REPUBLIC OF THE PHILIPPINES )
IN THE CITY OF DAVAO ………..) S. S.
x - - - - - - - - - - - - - - - - - - - - - - - - - x



AFFIDAVIT-COMPLAINT



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
Prosecutor’s 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.




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