Republic of the Philippines

Fourth Judicial Region

MUNICIPAL TRIAL COURT
Tanay, Rizal

PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus-

Criminal Case No. 11-1562

For: Malicious Mischief

SPOUSES JAIME SABANGAN

AND JUANITA SABANGAN AND
ROLANDO LIAO,
Accused.
x---------------------------------------------x

JUDICIAL AFFIDAVIT OF
PRIVATE COMPLAINANT LAURO S. ESPINA

Private Complainant, Lauro S. Espina, is of legal age, Filipino citizen,

residing at Block 15 Lot 7 Soldier Hills III Subdivision, Novaliches,
Caloocan City and whose testimony is being offered for the following
purpose, to wit: (1) to identify the parties and pertinent documents; (2) to
prove that the acused destroyed the fences in the property of the private
complainant; and (3) to corraborate the testimony of Eric S. Espina and
the Salaysay of Allan R. Duterte (4) to prove all other matters relative to
the allegations charged in the information.

Preliminary Statement

The person interrogating me is Atty. Jorico F. Bayaua with office

address at Bayaua and Associates Law Offices, Third Floor Gonzalez
Building, No. 1888 Orense Street, Guadalupe Nuevo, Makati City. The
Interrogation is being held at the same address.

I am answering his questions fully conscious that I do so under

oath and may face criminal liability for false testimony and perjury.
 Questions and Answers

Q1. In connection with this case, do you remember having executed a

Joint Complaint-Affidavit?
A1. Yes, Sir.

Q2. I have here a copy of the Joint Complaint-Affidavit of Eric S. Espina

and Lauro S. Espina, is this the document you were referring to?
A2. Yes, Sir.

Manifestation: The Joint Complaint-Affidavit of Eric S. Espina and

Lauro S. Espina was previously marked as Exhibit "A".

Q3. Do you confirm and affirm the allegations in your Joint Complaint-
Affidavit?
A3. Yes, Sir.

Q4. Who is Eric S. Espina?

A4. He is my brother.

Q5. What is your proof that he is your brother?

A5. The Birth Certificate of Erics S. Espina.

Q6. I have here a copy of the Certificate of Live Birth of Eric S. Espina,
is this the document you were referring to?
A6. Yes, Sir.

Manifestation: The Certificate of Live Birth of Erics S. Espina was

previously marked as Exhibit "C".

Q7. Do you know Sps. Jaime Sabangan and Juanita Sabangan and
Rolando Liao, the accused in this case?
A7. Yes, mam.

Q8. Why do you know them?

A8. I know them because, my brother and I filed a case against them for
Malicious Mischief.

Q9. Why did you file a case against them for Malicious Mischief?
A9. We filed a case against them for Malicious Mischief because they
destroyed the fences on our property.
Q10. Where is your property situated?
A10. It is situated at Barangay Sampaloc, Tanay, Rizal.

Q11. What is your proof that you are the owner of the said property?
A11. OCT No. M-0336 registered in the name of Rebecco S. Espina.

Q12. I have here a copy of OCT No. M-0336 registered in the name of
Rebecco S. Espina issued by the Registry of Deeds of Morong,
Rizal, is this the document you were referring to?
A12. Yes, Sir.

Manifestation: OCT No. M-0336 registered in the name of Rebecco S.

Espina issued by the Registry of Deeds of Morong, Rizal was previously
marked as Exhibit "E".

Q13. What is your relationship with Rebecco S. Espina?

A13. He is my father.

Q14. What is your proof that he is your father?

A14. My Birth Certificate.

Q15. I have here a copy of the Certificate of Live Birth of Eric S. Espina,
is this the document you were referring to?
A15. Yes, Sir.

Manifestation: The Certificate of Live Birth of Eric S. Espina was

previously marked as Exhibit "B".

Q16. Where is Rebecco S. Espina?

A16. He already passed away.

Q17. What is your proof that he is passed away?

A17. The Death Certificate of Rebecco S. Espina.

Q18. I have here a copy of the Death Certificate of Rebecco S. Espina, is

this the document you were referring to?
A18. Yes, Sir.

Manifestation: The Death Certificate of Rebecco S. Espina was

previously marked as Exhibit "D"
Q19. What is your proof that the accused destroyed the fences on your
property, if there is any?
A19. The Salaysay of Allan R. Duterte and the pictures depicting the
destroyed fences.

Q20. Who is Allan R. Duterte?

A20. Allan R. Duterte is the caretaker of the said property. He witnessed
how the accused surreptitiously entered the said property and
destroyed its fences.

Q21. When did the accused destroy the fence in the said property?
A21. On November 2010.

Q22. I have here the Salaysay of Allan R. Duterte, is this the Salaysay of
Allan R. Duterte you were referring to?
A22. Yes, Sir.

Manifestation: The Salaysay of Allan R. Duterte was earlier marked as

Exhibit "F".

Q23. I have here the pictures depicting the destroyed fences, are these
the pictures you were referring to?
A23. Yes, Sir.

Manifestation: The pictures depicting the destroyed fences were earlier

marked as Exhibit "G", Exhibit “H”, and Exhibit “I”.

Q24. How much is the cost of the fence destroyed by the accused?
A24. Fifteen Thousand Pesos (15,000.00).

Q25. What happened next after the accused destroyed the fences in your
property, if any?
A25. I and my brother Eric advised Allan R. Duterte to report the
incident to the Sangguniang Barangay of Sampaloc, Tanay, Rizal.

Q26. After you and your brother Eric advised Allan R. Duterte to report
the said incident to the Sangguniang Barangay of Sampaloc, Tanay,
Rizal, what happened next, if any?

A26. Allan R. Duterte reported the said incident to the Sangguniang

Barangay of Sampaloc, Tanay, Rizal.

Q27. What is your proof?

A27. The excerpt copy of the logbook of the Office of the Sangguniang
Barangay of Sampaloc, Tanay, Rizal.

Q28. I have here the excerpt copy of the logbook of the Office of the
Sangguniang Barangay of Sampaloc, Tanay, Rizal, is this the
logbook you were referring to?
A28. Yes, Sir.

Manifestation: The excerpt copy of the logbook of the Office of the

Sangguniang Barangay of Sampaloc, Tanay, Rizal was earlier
marked as Exhibit "J".

Q29. After Allan R. Duterte reported the said incident to the

Sangguniang Barangay of Sampaloc, Tanay, Rizal, what happened
next, if any?
A29. The Office of the Sangguniang Barangay of Sampaloc, Tanay, Rizal
summoned me and my brother Eric and the three (3) accused for
the possible amicable settlement of the matter.

Q30. After the Office of the Sangguniang Barangay of Sampaloc, Tanay,

Rizal summoned you and your brother Eric and the three (3)
accused for the possible amicable settlement of the matter, what
happened next, if any?

A30. Barangay Chairman Alvin E. Briza of Sampaloc, Tanay, Rizal

issued a Certification to File Action on February 5, 2011 as we
failed to settle.

Q31. What is your proof?

A31. The Certification to File Action dated February 5, 2011.

Q32. I have here the Certification to File Action dated February 5, 2011
issued by Barangay Chairman Alvin E. Briza of Sampaloc, Tanay,
Rizal, is this the Certification to File Action, you were referring to?
A32. Yes, Sir.

Manifestation: The Certification to File Action dated February 5, 2011

was earlier marked as Exhibit "K".

Q33. After Barangay Chairman Alvin E. Briza of Sampaloc, Tanay, Rizal

issued a Certification to File Action on February 5, 2011, what
happened next, if any?
A33. Barangay Chairman Alvin E. Briza also issued a Letter to Clemente
T. Garcia III, Police Inspector, PCI 1 Commander on February 15,
2011.

Q34. What is your proof?

Q34. The Letter dated February 15, 2011.

Q35. I have here the Letter of Barangay Chairman Alvin E. Briza to

Clemente T. Garcia III dated February 15, 2011, is this the letter,
you were referring to?
A35. Yes, Sir.

Manifestation: The Letter of Barangay Chairman Alvin E. Briza to

Clemente T. Garcia III dated February 15, 2011 was earlier marked
as Exhibit "L".

Q36. What happened to the case you filed against the accused for
Malicious Mischief?
A36. It was decided in our favor; thus, an Information for Malicious
Mischief was filed against the accused before this Honorable Court.

Q37. With all these, what do you pray from the Honorable Court?
A37. I pray that the value of the fences destroyed by the accused in the
amount of Fifteen Thousand Pesos (Php15,000.00) be
returned/reimbused to us. I further pray that the accused be
convicted for Malicious Mischief for destroying our property.

Q38. I have no further questions, do you have any other matter to say?
A38. None, Sir.

LAURO S.ESPINA
Private Complainant

SUBSCRIBED AND SWORN TO before me this ____________________ at

Makati City. The affiant exhibiting to me her IBP License Card No. ______________, issued at
_________________, issued on___________________ and to be expired on
___________________________________.

Doc. No. _____

Page No. _____
Book No. _____
Series of 2014.

Attestation
 I, ATTY. JORICO F. BAYAUA, with address at, Bayaua and
Associates Law Offices, Third Floor Gonzalez Building, No. 1888 Orense
Street, Guadalupe Nuevo, Makati City attest under oath as follows:

I personally conducted the interrogation of Lauro S. Espina of

Block 15 Lot 7 Soldier Hills III Subdivision, Novaliches, Caloocan City,
private complainant in Criminal Case No. 11-1562 of the Municipal Trial
Court of Tanay, Rizal. I faithfully recorded the questions I asked Mr.
Espina and the corresponding answers he gave me. Neither I nor any
other person then present coached Mr. Espina regarding his Answers.

ATTY. JORICO F. BAYAUA

Affiant

SUBSCRIBED AND SWORN TO before me this ____________________ at Makati City.

The affiant exhibiting to me her IBP License Card No. ______________, issued at
_________________, issued on___________________ and to be expired on
___________________________________.

Doc. No. _____

Page No. _____
Book No. _____
Series of 2014.