Affidavit Dwelling

8/12/2019 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 UpperBajada, Davao City;

2. That on April 12, 2014 at around 11:10 in the morning, I received a phone call from mycousin 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. LACBAINstrongly kicked for three (3) times the bamboo gate until it fell down to the ground andall 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 thesame materials they have destroyed ;

4. That when they entered the house built thereon at Lot 3, Blk. 20, which was currentlyoccupied 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 policeassistance from Central 911 which was given due course;

6. That when we arrived at the area, there were already police officers who personallywitnessed that my personal belongings were dumped on the ground and that theintruders 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 inquirywhich was manned by Major Lerios and his men;

8. That the whole incident made by the illegal intruders caused sleepless nights andnervous for the safety of my cousin PATROCENIA L. IGNACIO considering the factthat she currently lives alone and that only the spouses JULIANITO P. LACBAINand ALGERICA S. LACBAIN were imprisoned while the other illegal intruders werefree ;

9. That the incident happened inside my house has all the elements of the crime theyhave committed ;


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10. That I am executing this Affidavit-Complaint in order to formally file a case underArticle 280, Qualified Trespass to Dwelling against spouses JULIANITO P. LACBAINand 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, inDavao City.

ANGELITA P. DULLANOAffiant

SUBSCRIBED AND SWORN to before me this ______ day of April, 2014, at DavaoCity. I further certify that I have personally examined the affiant and I am satisfiedthat she understood and voluntarily executed this Affidavit-Complaint.


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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 Cityand 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 and3 , Blk. 20, Monfort Ave., Km. 3 Upper Bajada, Davao City;

2. That I, PATROCENIA L. IGNACIO , cousin of Complainant 1 , currentlyoccupied 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 spousesJULIANITO P. LACBAIN and ALGERICA S. LACBAIN, their sonJOAL S. LACBAIN, ATTY. BENJAMIN V. DIGNADICE, JR, and fourhired laborers forcibly destroyed and entered the bamboo gate situatedat Lot 2, Blk. 20, which the same gate shared with Lot 3, Blk. 20 , whenALGERICA 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, theydestroyed the bamboo fence and immediately built a new fenceenclosing 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, whichwas currently occupied GERSON C. PRENGASE, nephew of Complainant1, while repairing the said house, they scattered the things inside andmoved out some of personal belongings and put it on the ground whichwere eventually ruined by rain later in that afternoon ;

6. That after they successfully entered and destroyed the fence, Complainant 2called a police assistance from Central 911 which was given due course;

7. That when Complainant 1 arrived at the area, there were already PoliceOfficers who personally witnessed that personal belongings from thehouse built thereon at Lot 3, Blk. 20 were already dumped on the groundand that the illegal intruders were currently erecting the new fenceenclosing said lot ;


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AFFIDAVIT OF WITNESS

I, BERNIE C. PRINGASE, of legal age, single , Filipino , and resident of 31Lilac 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 auntANGELITA P. DULLANO received a phone call from my auntPATROCENIA L. IGNACIO informing the former that spousesJULIANITO P. LACBAIN and ALGERICA S. LACBAIN, their sonJOAL S. LACBAIN, ATTY. BENJAMIN V. DIGNADICE, JR, and fourhired laborers forcibly destroyed and entered the bamboo gate situatedat Lot 2, Blk. 20, which the same gate shared with Lot 3, Blk. 20 , whenALGERICA 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 whichwas 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 theground 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 builtthereon at Lot 3, Blk. 20 were already dumped on the ground and thatthe illegal intruders were currently erecting the new fence enclosing saidlot ;

5. That despite the personal knowledge of the Police Officers that illegalintruders were destroying the bamboo fence and thereafter erected anew fence enclosing Lot 3, Blk 20 using the same materials they havedestroyed, the Police Officers, advised us to file a complaint at theBarangay;

6. That we were unsatisfied with the advise of the Police Officersconsidering it was Saturday and the Barangay Office was closed, weimmediately made a police blotter at San Pedro Police Precinct andthereafter requested for another police assistance to invite the illegalintruders at the police station for further inquiry which was manned byMajor Lerios and his men;


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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 Judgmentrendering ANGELITA P. DULLANO as the lawful owner of both lots;

8. That I am executing this Affidavit-Complaint in order to inform theProsecutors 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 underArticle 280, Qualified Trespass to Dwelling.

IN WITNESS WHEREOF, I have hereto affixed my signature this _____ day ofMay, 2014, in Davao City.

BERNIE C. PRINGASEAffiant

SUBSCRIBED AND SWORN to before me this ______ day of May, 2014, atDavao City. I further certify that I have personally examined the affiant and Iam satisfied that he understood and voluntarily executed this Affidavit ofWitness.

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Affidavit Dwelling