REPUBLIC OF THE PHILIPP[NES

DEPARTMENT OF JUSTICE
omcEOFTHEPROVINCIALPROSECUTOR
BOHOL

Patrick Swayze
Complainant,

-versus- For: Estafa, Art 315 (1) (b) under

the Revised Penal Code

Emma Lacia, Greta Angelia,

Shayla Acenas and Wayne Pol
Respondents.
x-- ---------x
COMPLAJNT-AFFJDAVIT

PREFATORY STATEMENT

This is the complaint-affidavit of complainant, PATRJCK

SWAYZE, British, of legal age, si ngle and a resident of Kahayag,
Poblacion, Panglao, Bohol. The statements were taken and recorded
based on the examination made by Atty. Estelle Marie A. Ocampo,
Notary Public for Bohol al the office of the same lawyer on March 23,
2020.

The complainant answered under oath in the English language

and had sworn that he understood his statements made here and
stands for their veracity. He was made aware that he made these
statements under oath and fully conscious that he may face criminal
liability for false testimony or perjury.

PURPOSE(S) OF THE AFFJDAVIT

Page 1 of 8
 1. To establish probable cause for the filing of an
informa tio n for Estafa under Article 315 (1) (b) of the Revised Penal
Code (RPC) agains t Emma Lacia, Greta Angelia, Shayla Acenas and
Wayne Pol.

2. To establis h the ex.istence of the elements of Estafa with

abuse of confidence: (a) that mo ney, goods o r other personal property
were received by herein respondents under the other obligatio n to
make delivery of, or lo return the same; (b) that there was
misappropriation or conversion of such mo ney or property by the
offender as supported by evidences attached in this complaint-
affidavit; (c) that s uch misappropriation or conversion or denial was
to the prejudice of another; and (d ) that despite the ele ment of
d emand made by the offended party, the s., me is not necessary as in
this case where the re is evide nce of misappropriation or conversio n;

3. To id<.,itify and testify on relevant a nd material

d ocuments; a nd

4. To prove other releva nt matters.

QUESTIONS AND ANSWERS

T he following questio ns and answers were as ked a nd recorded:

Question 1: Please s ta te your na me, age, civil s tatu s, occupa ti on,

present addrt>ss and other personal circums tances.

Answer 1: I am PATRI CK SWAYZE, Britis h, of lega l age, single and a

resident of Panglao, Boho l. I work for and a m the owner of
H,,yahay Beach Resort Cor por,1tion (Corporntio n), n
corporation duly created and regis te red under the laws of
the Philippines, of only up to forty percent (40 %).

Question 2: Why arc you executing this complaint-affidavit?

Answer 2: It is for the purpose of fili ng a n information of estafa

aga inst Emma Lacia (EMMA), Greta Angdia, Shayla

Pag• 2 018
 Acenas and Wayne Pol, who are all residents of Panglao,
Bohol.

Question 3: Please be reminded that your statement will be under oath

and you are required by law to tell the truth, the whole
truth. a nd nothing but the truth, else, you will be
subjected to perjury for any fal se testimony given in this
investigation. Do you understand this?

Answer 3: Yes, I do.

Question 4: How do you know the defendants?

Answer 4: I met EMMA sometime during the last quarter of 1999 in

Alona Beach Resort i11 Panglao, Bohol. The other four I
met years later. They were friends of EMMA.

Question 5: What transpired during your first meeting?

Answer 5: EMMA informed me that she has a five thousand square

meter (5,000 sqm.) beach-front property in Doljo, Panglao,
Bohol. I was enticed to in vest in the development of her
beach-front property into a resort.

Question 6: What happened next?

Answer 6: After seeing the property and discovering its proximity to

so me of the best dive spots in the Philippines, I agreed to
invest and dl-vclop the beach-front property into the
world class resort that it is now, which is the Hayahay
Resort.

Question 7: What were your agreements regarding the development of

the beach resort?

Page 3 018
Answer 7: We agreed that EMMA's contribution to Hayahay Resort
would be the use or her beach front-property which s he
will lease to the corporation that we decided lo
incorporate which is the Hayahay Beach Resort
Corporation.

Question 8: Do you have any proof of this?

Answer 8: Yes. A Contract of Lease over the beach-front property was

executed between EMMA, with the assistance of her
lawyers, and the corporation on September 22, 2000.

Question 9, Is this Contract of Lease attached as ANNEX" A" the one

you arc referring to?

Answer 9: Yes.

Question 10: How did the corpomtion come about?

Answer 10: It was incorporated by EMMA, Greta, Shayla, Wayne and I

but I was actuall y the one who paid for all the expenses
for the incorporation including thei r subscriptions. I also
paid for all the paid-in capital for all the shares
su bscriptio n of the Corporation including EMMA's sixty
percent (60%) interest.

Question 11 : What was the purpose of the Corporation?

Answer 11: To own and manage the Hayahay Beach Resort.

Question 12: How much is your interest in the corporation given that
you paid for all the expenses for its incorporation?

Answer 12: I only own up to forty percent (40 %) of the Corporation

while the rest o( the incorporators ow n the other sixty
percent (60%). I was informed about this hence, being a

Page 4 of 8
 foreigner, it was reflected in the Articles of Incorporation
(AOI) that I onl y own up to forty percent (40%) of the
Corporation.

Question 13: I am showing you a copy of Hayahay Beach

Corporation's AOI attached as ANNEX "B". Is this the
same AOI that you were referring to?

Answer 13: Yes.

Question 14: Were those the only investments you made for the
Corporation?

Answer 14: No. I was also the one who paid for all the expenses for the
construction of the Hayahay Resort. Also, using my hard-
earned money, we put up a di ve center at the Hayahay
Resort and bought all the necessary equipment for diving
and o ther water activities which may bl' leased by
Hayahay's customers who were into d iving and other
water sports.

Question 15: It seems that you have invested all the capital in this
corporation as well as in the beach resort, do you get to
have more share in Ute profits than the rest?

Answer 15: Not quite, insofar as my share in the corporation is

concerned. But, it was agreed willi EMMA and the other
incorporators of the Corporation that the revenues and
profits from the dive center will belong solely to me since
I purchased all the equipment and the facilities of the dive
center using my personal funds.

Question 16: It seems you have invested all the capital in this
corporation as well as in the beach resort, do you get to
have more share in the profits than the rest?

Answer 16: Not quite, insofar as my share in the corporation is

concerned. But, it was agreed with EMMA and the other

Page S of 8
 incorporators of the Corporation that the revenues and
profits from the dive center will belong solely to me since
I purchased all the equipment and the facilities of the dive
center using my personal funds.

Question 17: Did you get to receive the revenues and profits from the
dive center?

Answer 17: Yes. From the time Hayahay Resort and dive center started
operations around December 2000 up to March 2018, the
revenues from the dive center were regularly remitted to
me within the first week of each month. However, the
revenues and profits for April 2018 were not remitted to
me within the first week of the said month and that the
same thing happened for revenues from the dive center
for the months of May, June and July of 2018.

Question 18: Do you have any proof of this non-remittance?

Answer 18: Yes. I have accessed printouts of the monthly statements of

revenues earned by the dive center from April 2018 up to
the present. It is indicated in the said documents that the
dive center earned net profits (net expenses and taxes
which were deducted/withheld by the Corporation)
which EMMA and the other directors of the corporation
kept in the sum of at least six million pesos (P6,000,000).

Question 19: I am showing you a copy of Hayahay Beach

Corporation's printouts of monthly statements of
revenues earned by the dive center attached as ANNEX
"C-1", "C-2", "C-3" and "C-4". Are the!.:' the same
documents that you were referring to?

Answer 19: Yes.

AFFIANT FURTHER SA YETH NONE.

Page 6 ol 8
 IN WITNESS WHEREOF, 1have hereunto affixed my
signature, this 23rd day of March 2020, at Bohol, Philippines.

rATRICK SWAYZE
Affiant

ATTESTATION

1 hereby certify that I have personally examined the above

named affiant and that the foregoing statements were given by him
voluntarily and of his own free wilJ and that he understood him
affidavit.

March 23, 2020, Tagbila.ran Gty, Philippines.

ATIY. ESTELLE MARIE A. OCAMPO

Notary Public until December 31, 2022
For the City of Tagbilaran & Province of
Bohol
Commission No. 11-87 UNTIL U/31/2022
Roll of Attorney's No. 87643
IBP No. 4407, Cebu Gty, 01/06/2022
Ro!J of Attorneys 1234
MCLE Exemption no. IIl-00827

SUBSCRIBED AND SWORN to before me this 23rd day of

March, 2020 in Bohol, Philippines. Affia.nt who is personally known
to me further exhibited to me his Driving License No. EH4042017
issued on January 07, 2000 in Bohol, Philippines.

JOYCE MARIE SUMATRA

Assistant Provincial Prosecutor

Page 7 of 8
 Office of Provincial Prosecutor
Tagbilaran City. Bohol
Commission No. 09-87 UNTIL 12/31/2022
Roll of Attorney's No. 87643
IBP No. 46637, Cebu City, 01/06/2022
MCLE Exemption no. 111-00827

Doc. No. J;
Page No.5;
Book No.12;
Series of 2020.

Pag~ 8 of 8
Republic of the Philippines
Province of lsabela s. s.
Municipality of Ilagan
x--------x

AFFIDAVIT OF DESISTANCE
I, TWINKLE BALDONADO y TIRAO , minor, Filipino, single and
resident of Brgy. Upi, Gamu, lsabela, assisted by her mother Estrella
Baldonado, after having been duly sworn to accordance with law, hereby
depose and say:

1. That I am the private complainant in Criminal Case No. 5526

entitled " People of the Philippines vs. Ferdinand Sacasac" for
Rape, pending trial before the Regional Trial Court;

2; That considering the length of time I already come Into realization

that I am no longer i nterested in the pursuit of the said case against
accused Ferdinand Sacasac who in fact were friends of our family
and wanted t o continue the friendship that we have:

3. That I am now desisting in th e further prosecution of the case and

praying unto this Honorable Court to immediately recommend the
dismissal of the above-mentioned case:

4. That I was never been coerced, forced or intimidated in signing this

affidavit of desistance and fu rther prays for the dismissal of the
above-mentioned case of which I am the private complainant.

IN WITNESS WHEREOF, I have hereunto set my hand this 19'" day of

January, 2012 at llagan,lsabela.

TWINKLE T, BALDONADO
AffiantNlctim
ASSISTED BY:

ESTRELLA BALDONADO
Mother of the Victim

SUBSCRIBED ANO SWORN to before me this 19'h day of January, 2012

at Ilagan, lsabela.
 REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
TACLOBAN CITY

PEDRO SANTOS
Plaintiff,

-versus- IS No. 123

JUAN DE LA CRUZ
Respondent

x--------------------------------------------x
COUNTER-AFFIDAVIT
I, Jua n de la Cruz, FIiipino, of legal age with address at
12 Chico Street, Phase 3 , V&G Subdivision, Tacloba n
City, after having been duily sworn to In accordance with
law, do hereby depose and state that:

1. I am the respondent In the above-captioned case for

slight physical Injuries file by one Pedro Santos;

2. I admit paragraphs one and two of the complaint that

I went to Pedro Santos' house at 7 :30 In the morning to
borrow his motorcycle as per our agreement that I am
free to use the said vehicle In times of family
emergency;

3. I admit paragraph three of the complaint;

4. I vehemently deny paragraphs four and five . After

Pedro Santos refused to lend his motorcycle to me, I left
to look tor another means of transportation without
Insisting that he let me borrow the same;

5. I deny paragraph 7. I was Informed the following day

that Pedro Santos got Into a fight and sustained
physical Injuries as a consequence thereof;

6. I strongly deny paragraph eight. The Lupong

Tagapamayapa did not send or give any notice
whatsoever of any conciliation proceedings to me;
 7. I am executing this counter-affidavit to attest to the
truthfulness of the foregoing and to refute the
allegations of Pedro Santos.

JUAN DE LA CRUZ
Respondent

SUBSCRIBED AND SWORN TO before me this 30'" da,y of

January 2015 In the City of Tacloban. I hereby certify that I
have personally examined the affiant and I am satisfied that
he fully understood and voluntarily executed his affidavit.

MARIA DEL AGUA

Assistant City Prosecutor
 Republic of the Philippines
Third Judicial Region
Department of Justice
City Prosecution Office
Angeles City

YNA BANDONA
Complainant,

-versus- CRIM. CASE NO. 135-14

For CONCUBINAGE

BABY GIRL and TOTOY MOLA

Respondents.
x.______________x

BEPLY-AFFIQAYIJ
I, YNA BANDONA, of legal age, married and a resident of
127 Catherine St., VIiia Angelina Subd., Barangay San Jose.
Angeles City, Pampanga, under oath, declare that:

1. I hereby reiterate and replead all the positions and

arguments contained In my Complaint-Affidavit as may be
considered materla1I and relevant In this Reply-Affidavit;

2 . As can be gleaned in the Counter-Affidavit submitted by

herein respondent Baby Girl, she wanted to convince this
Honorable Office, that she was unaware that my husband is
married, however such fact would not be possible since my
husband's recent facebook status greeting me on our wedding
anniversary was posted publicly on May 10,2022.

3. Also In the Counter-Affidavit of my husband he denies

living and sleeping In the apartment that he rented for Baby Girl,
however such was also proven to be false as seen In the sworn
statement of Chal1rman Olate which stated that he frequently
sees Totoy during the weekends In their barangay and had seen
him In several occasion of entering the apartment late at night
and leaving early In the morning.
 4 . I therefore most respectfully pray that criminal
Information for concubinage be now flied against Totoy Mola
and Baby Girl as there Is more than probable cause for their
Indictment;
IN WITNESS THEREOF, I have hereunto affixed my
signature this 6u, day of June 2022 at Capas, Tarlac, Phlllpplnes.

Yna Bandona
Complainant

SUBSCRIBED and SWORN to before me, the undersigned

prosecutor, this 6th day of June, 2022 at Angeles City, Pampanga,
Phlllpplnes. I hereby certify that I have personally examined the
above- named afflant and that I am satisfied that the foregoing
statements were given by him voluntarily and of his own free will.

Atty. Luke D.
Wandasan
Prosecutor
 REPUBLIC OF THE PIULIPPINES
DEPARMENT OF JUSTICE
OFFICE OF THE PROVINCIAL PROSECUTOR OF CA.VITE
HALL OF JUSTICE COMPOUND, AGUINALDO HIGHWAY,
IMUS CAVITE

ARACEU H. PURI,
Complainant,

NPS Docket No. lV-03-INVI0F'2634

DINA C. PEREZ.
ll!six>ndc nt .

X· • • • • • • • • • • • • • • • • • • • • • • • • • • X

REJOINDER TO REPLY AFFIDAVIT

I. DINA C. PEREZ. Filipina. of legal age and prescnUy residing a I

Lot 3. F'atima II. City of Dasmarit\as. after having been s worn on oath in
accordance with law. depose and say:

I. That respon dent herein reiterates w hat s he slated in her

"KON1RA SALAYSAY- as being l he lTUU1 and n othing but the t ruth on

lhe transaction lhat occurred between th e fom 1er and complainant:

 2. ·n1nl whnl occurred sorncllrnc in September 3, 2009. MIS n
case of a simple loan wen, I he complainant lend money to respondent
with a side agreement for interest and a collateml that I must be
emphasize that if there was any error in the description of the collnlcrnl
the snme Is of no moment. becnu">c respondent tlC\'Crlhe lcss,
ac knowledged her lndebledness. In fnet. respondenl wns pushed agnlnsl
t he wall. s :l ncc complninnnt nfler ~'Teeing lo lend lhe amount of 1WO
MUNDRED TMOUS/\ND PESOS rnoo.000.001 only gave the respondent
the amount of ONE HUNDRED FORTY 11-IOUSAND PESOS
(P140.000.00) . Slnling thnt Ille amolD'll of SIXTY 11-!OUSI\ ND PESOS
(PG0.000.00) wns deducted lo cm,-cr the inlc t-csl lor 11-IREE MONTI-IS (3),
complnlnnn l justified s uch deduction as being legal :

3. 'That respondent do not deny her Inde btedness. thi s has

b<..-cn her stand. the only thing is that the complainant wants l o impose
an Interest lhnl Is shocking. Immoral and con trary lo public t><>licy. While
II may be lruc thnl th e purties herein mny s tipulate on the amount of
lnl erc11t to be paid . It docs not mean l hnl the respondent is not without
remedy to contest the unreason able interest. Respondent is not rencgjng
on her conl rnctual obligalion but she wanl lo make ii clear. lhal like the
complainant who has the right to collect. s he too has the cor responding
right lo q u estion the extremely uncm1sclm1nblc interest impose on her:

4. Timl contrary lo lhe c laim of lhe complainant. respondent

did not s ubmit a fake title as collateral . 1ransfer cerllflcate of Title No.
897787. s h e used ns a collateral Intact and Is wllh the Registry of Deeds
or the Province of Cm1 te. To pro"c rcspondenrs good laith. s he wrot e n
lcllcr lo the Registry o( Det,d,i fort he Pru\'lncc of Cn\'llc. requesting for n

2
Certiflcnl ion ns to whclhcr or not TCT No. 897787 is existing. ·n,is is to
belk the nccusnllon of tlw complninnnt thnt respondent wns ckllbcralcly
li.tking n document: Co1>Y of the snid lett er is here fore attnchcd ns Annex
"A.":

5. Thnl for the crime of e!llnfn In geneml lo exlsl. lls bnslc

element of deceit. musti have to be s hown or proven. In the case al her.
respondent did not employ deception to complai:nanl lo acquire a loan.
Complainant know at the start of t he transaction that what was used as
a collateml for the loan tmnsacUon was not yd In t he name of
respondent. Respondent was honest in so admitting II to the
complnlnanl. Why would s he now claim lhnl respondent fake a title? II
seems that complniruu,.l gelling loo far lo crlmh1nlly induct respondent
for a crime she did not commit. For s ure. contn 1cllng n lonn is not a
crirninnl offense. No law says that such act is criminal. :

6. Yes responc:!cnl do igno~I the ca!!s of complainant

sometimes. but the sante is nol avoidance to pay the loan. bul simply lo
prevent the complainant lrom hurling unsm>ory language lo respondent.
Complainant was to insistent to cmrge a unconscionable and s hocking
interest and respondent was an unwilling victim to fall Into this prey.
Respondent was greaUy In need and such s hould nol he taken against
her. If she swallowed an Interest against her will:

7. Thnt from the lhcts herein prcs entecl It Is hnnm.c ulalely clear
that no probable cau se exist to criminnlly indirect herein respondent tor
the crime of eslafn. No prlmn-fncle eviden ce of deceit was proven by I.he
complainant. Admittedly. respondent may be h eld civilly liable. not

3
criminally liable. Rc11pondcfll Is willing lo pay. bul the l>Rymenl mus t be
reasonable nnd made within the parameters of decency nnd morality:

8. All told. lhe case for estafa be should be dismissed for lack of
legal and factual basis.:

Rcspccl fully ~ubm itt,-d.

DINA C. PEREZ
Aflianl

4
Republic of the Philippines )
City of Tacloban )S.S.

AFFIDAVIT OF LOSS

I, CHARMAINE B . SANTOS, of legal age, Filipino. single, and with

residence at Brgy. 94, Tigbao, Dlit. Tacloban City, aft.er being duly sworn to
in accordance with law. hereby depose and state:

1. That I was issued a Philippine Passport by the Department cl Foreign

Affairs RVlll;

2. That a month ago, said passport was misplaced and got lost;

3. That despite diligent search and effort to locate the said passport, I
could not find the same such that I now believe that It is now lost
beyond recovery;

4. As such, I am executing this Affidavit of Loss to attest to the truth of the

foregoing and for whatever purposes it may serve.

IN WITNESS WHEREOF. I have hereunto set my hand this 14th day of

November 2019 at Tacloban City, Philippines.

CHARMAINE B. SANTOS
Affiant

SUBSCRIBED AND SWORN to before me this 14th day of November

2019 in Tacloban City, affiant personally known to me.

WITNESS MY HAND AND SEAL.

Doc.No. _ _
Page No. _ _
Book No.
- -·
Series of 2019.
REPUBLIC OF THE PHILIPPINES)
Province ot_ Bulocon,_ _ _ _, s.s.
Munlclpollly or Anoo1 _ _ _ _~
•- ---------.i
APPIDAVTT 0, Dl!HIAL for NIii CL!AAANCf

I, Filipino, Ol logal DgO, • and • rosidonl ol ana,

having boon duly sworn In occoroance wtlh law, hereby doPoSO and su110:

1. That lho NBI Main Offic<I In Toft Avo .. Manila hill lldvlsed mo !hot sold Office could not
Issue lhe required dear.moe In -Aew ot the appearance of name slmtlar to my name In
NBI nios lnvciving in ca!l<!/S flied agalnsl said persoll bearing names similar to m ine:

2 . That I am not the same penon a.s on whO was eharoed under 1.$. No . _ _ __
Criminal Case No._ _ _ betom the _ _ _ _ _ _ _ _ _ _ _ _ for the crime of

3, Thal ••Id CDIMI having boon dilmlased/1oltlod Dlroody, 0< < If admlUed ),

4 . Ttml I om o xocuang 11111 affldnvl 10 olOII 10 lho farogcing Inell and l o deny
calog0<lcally and 1peclftcolly under oath lhol I om nol lho 1amo poroon monllonod In lho
doc:kolllllo1 ol NBI wtth lho IDld doroc,atory/dvl/cnlTinol rocord/a:

In view of the foreoolng, I am roquo1Uno NBI Main Office In Ton Avenue, Manila to lnua the
appropriate NBI clearonco In my"'"°'.

IN WITNESS WHEREOF, I have horounlo alli>Old my signature lhlo 27 lh day of _s.,,11,11bor

2018_ al "ngol &llacon, Phlil)ojnes.

Alllonl

SUBSCRIBED ANO SWORN TO BEFORE ME . a noary publie In ano for Provme or BuloClilll 1h11
. Allillnl personally come and appeared WIIII Voters 1.0 . No. 123 1 issued by Ille COMELEC bearing his
photograph ano signature. known to mo as tho same person Who personally slgnoO tho 10<,ogOlng
lnotrumont before mo on<I avowe<I under penalty of law to lho Whole truth of Ille contents of solo
Instrument.

ATTY. ANGEL R CRUZ. JR..

Nouuy Pubtlc For Prnvtooa of R•AIAcAD
Doc. No Comml11lon Serini No. l'NC-3~MB-3018
Pogo No. _ _ un1• Docombor 31 , "1.1111 RoN No. 27083
Book N o. _ _ Office: 0473 Sto. Crl1t0Anga1 Bulacan
Serles of 2018 IBP No. 0326291 PTR No. 91569133
MCLE 61h Compllanoo No,0004671
 TESDA-OP-CO-03-Fl0
R.v. No. 00-03/08117

Republic of the Phlllpplnes )

In the Clty of _ _ _ ___, S .S.

AFFIDAVIT OF UNDERTAKING

Pulxar 1VI, Inc, represented by lts President/Manager, Mark Jeffny L. Mmoz.ca with business address
at 3 rd Floor 86 Bayani Road, AFPOV Al Phase 51 Fort Boolfad o 1 Western Bicutan, Taauf& C ity after
having been sworn to ln accordance with law do hereby depose and state that:

The Competency Assessment Center shall comply wlth the following terms and conditions, violations of
any of those mentioned below shall be ground for cancellatlon/revocatlon/wlthdraw of accreditation:

1. Provide quality assessment for Bookkttplnc NC Ill·

2. Maintain facllltles of the Assessment Cente1· as prescribed b)• TES DA;
3. Ensure that the conduct of competency assessment Ls strictly ln accordance wlth the provlslons on
the Procedures Manual Competency Assessment and other assessment-related issuances;
4. Collect competency assessment fees prescribed by TESDA;
5. Sustain compliance with accreditation requirements;
6. Failure to notify TES DA of any change, e.g. shop lay-out, transfer location within a building, lack
of functional equipment, lack of supplies and materials, among others, that affects assessment
conditions, in relation to the conditions existing during the original aca-edltation;
7. Safeguard / Ensure the authenticity, validity and confldentiallty of all documents relative to the
conduct of competency assessment;
8. Assume full responslblllty fo r ensuring the objectlvlty and integrity of assessment conducted ln
the Assessment Center and by the Competency Assessor;
9. Submit schedule of assessment to Provlnclal Office;
10. Submit post assessment results and repotts Immediately after the conduct of assessment;
l I. Ensure that assessors listed In the Registry of Accredlled Competency Assessors are assigned on a
rotation basls and ue given equal number of assignment, and
12. No involvement wlth any "Conflict of lnttl'fst" actlvlty related to assessment and cel'llflcatlon
program, e.g. Placement/Recruitment Agency, Review Center, among others.)

lN 'WITNESS WHEREOF, I have hereunto afflnd my signature this _ _ _ day o f ~ 20 _ __

ln the Chy of _ _ _ _ _ _ _ _ _ _ Phlllpplnes.

Midi Jcffm L, M,ifiozca

Afflant

Government Issued ID Profeu,lonal Rqulattou Cpmml11lpn

ID No. 1496662
Date Issued Decttnbtr 14. 2016

SUBSCRIBED AND SWORN to before me, this _ _ _ _ day of _ _ _ __ 20 - - -~

Afflant exhlbltlng to me the above-stated govemment-lssued Identification cud.

Doc. No.:
Page No.:
Book No.:
Serles No.:

NOTARY PUBLIC
 REPUBLICOF TH E PHILIPPIN ES
MUNICIPAL TRIAL COURT
ILOILO CITY, Branch __

IOHNNY A. DELGADO
Plafnllff,

• versus• Clvll case No. _ _ _ _ _ __

For: Unlawful Detainer

MARCO B. TICAO
Defendant.
,................................. X

MOTION FOR RECONSIDERATION

(Resolution Dated lfebruary 2018)

Defendant Marco B. Ticao. thru counsel. and unto this Honor able
Court of Appeals, respectfully submits th.is motion and in support hereof
states the following:

1. On 1 February 2018. t he Honorable Court issued a Resolution

favoring the 1>lal11tlfT Johnny A. Delgado and against the
defendant.

2. Defendant recclvt-d a copy of the Resolution on 3 February

2018 and s he has until 13 Februa.-y 2018 to submi t this
motion.

3. In the Interest of justke. defendant Is filing thL~ Motl o:n for

Reconsi deration on the ground that the finding and
conclusion arc contrary to facts and law.

GROUNDS

1. With all clue res pect, the Honorable Court erred In ruling In
favor of' the plalnlllT and against the defendant

ARGUMENTS

The 1 January 2 01 7 lea.s e contract

e xecuted by plaintiff and defe ndant was s imulated,

J
 and hence void.

In Its Resolution elated l February 20 18, the Honorable Court

relied heavily on the testi mony of Mariano. He testified that "Plaintiff
persona lly told him that he was going to execute a lease contract,
because Defendan t was desperate to look for a place to stay," The
Honorabl e Court went on agreeing with Mariano's testimony where
he sai d that "(Maria no ( also persona lly saw that both Plalntifr and
Defendant signing a document which oppec1rs to be a lease cont ract
and that Plaintiff was not pointing any gun at Defendant at that limo.
Mariano Is a credible witness." Such testimony Is self-serving, and
should not be given credit.

The Honorable Coun overlooked t he testimony of Alfonso A.

Delgado, a house help employed by plaintiff in the leased premises,
who testifit-d that he personally saw plaintiff pointing a gun to
defendant during the execution of the lease contract dated I Jamiary
2017. The Honornble Court neglected Alfonso's testimony. and had
not even bothcrt-d to discuss In the Resolution the probative value of
Alfonso's testimony. The Ho norab le therefore erred In relying on
Mariano's testimony alone without consideri ng Alfonso's testimony
In arriving at the resolution o f this case.

PRAYER
WHEREFORE, premises con sidered. Defendant respectfully moves
for the reconsideration of I February 2018 Resolution on the above•
entitled case and that the case for unlawful detain er against defendan t be
DISMI SSED In favor of the defendant and against Lhc plalnlllT.

Done In the City of llollo on Lhc 5'" day of Febnmry 20 l 8.

MARCO 8. TICAO
Defendant· Movant

A.~slstcd by:

ATTY. ELIZABETH MARIE 8 . SANTOS

Counsel for the Respondent
Attomey's Roll No. 45678
PTR No. 34908139/ 01.04.16/ llollo
IBP ( Lffelime) No. LRN·0103 I 7/lloilo
MCLE Compliance No. V•00902 l / Aprfl 22,
20 16

2
 SUBSCRIED TO AND SWORN BEFORE ME this 5"' day or February 2018 al
the Ci ty or llollo. I hereby certify that I have personally examined the plal11tlff·
mov,rnt i!nd I i!lll satlsfled that he voluntarily exetuted and understood the said
Motion for Reconsideration.

Admin iste ring Officer

Ccipy Furnished:

Atty, Marco A. dela Cruz

Clerk of Court
Municipal Trlnl Court, Brdnch I. lloilo City

Date or Receipt: _ _ __
Signature:_ _ _ _ __

CORTINA & MONTES LAW OFFICES

Counsel for the Plain tiff
Block 3, Lot 2 Phase 2,
Carmen J. Ledesma Village,
Baragay Tacas, Jaro,
llollo City, Philippines
Tel. No. (02) 817-9222 / Fax No. (02) 887-2936

By:

KIM JOHN V. VILLA

Attorney's Roll No. 52055
PTR No. 5323550/ 01.04.16/ llollo
IBP (Lifetime) No. LRN-010317/llollo
MCLE Compliance No. V-001 9654/ April 22, 2016

Date of Receipt: _ _ _ __
Signature: _ _ _ _ __

3
 REPUBLIC OF THE PHILIPPINES
OFFICE OF THE PROSECUTOR
lloilo City

ABC,
Complainant,

-versus- I.S. No. _ _

For: Theft
JUAN A. DELA CRUZ,
Respondent.
x-----·---x
NOTICE Of APPEAL
Defendant, thru counsel and within the reglementary period
prescribed by the Rules of Court hereby files this notice of appeal from the
judgment of conviction rendered by this court and appeals to the Court of
Appeals of the Philippines.

lloilo City, Philippines, February 24, 2016.

JOSE A. BONIFACIO
Counsel for the Defendant
Bonifacio Law Office, Door
2B, 2nd Floor, Bonifacio Bldg,
LaPaz, lloilo City
Until December 31 , 2016
Roll of Attorney's No.
PTR No.
IBP No.
MCLE No.

COPY FURNISHED:

ATfY. XXX
Counsel for the Plaintiff
Address
 Republic of the Philippines
Thml Jud1c1.1l RcEi oo
REGIOSAL TRIAi. COURT
Bmnch 31
Ciuunba. Nu~,11 Ectia

PEOrt..EOF
TI-IE PHILIPPINES
Plt1ioiJ .
Crim. C= No. '735-G
For. l'w/. ,fS«-. 5. Art. l/oflU . 9165

Crim. Cose No. 573C>G

- \'tr.i.lS - Fa: l'io/. efS«-. 15. An. II '!f lU. 9165

RENANTE ALAl'Ay BELONIO

of llomnl!"Y San Anlmio. CU},.,a. Nu..-.--. Ecij,..
A<t'1ttol.
X·· •• · ·· • ·•··•••··•·• X

COMMITMl!NT OftDa

THE DJSTRICT JAIL WARDEN

Gulmba District Jail,
BJMP, Afan Salvador Street,
Saranay District, Guimba, Nueva Edja

I hereby commit to you the frving person cl. RENANTE Al.APA y BB.ONIO, accused in the
aboVe-enlitled cases fOr Vlolatlan at Sections S and 11, Artk:le U at R.A. 9165, fOr your rustody
and safekeeping subject to l\rther order or this Court.

5 October 2021.
Guimba, Nuew Edja.

fRADFRWIN V. VITERBO
Aeling Presiding Judge

x- ---- -- --- --- ------------------- ---- ----- ---- --- -- -------- --- -- -x
RECEIPT OF DETAINEE

Received in this pnson the iving body of acwsed RENANTE Al.APA y BELONIO, in Criminal
Case Na;. 5735-6 and 5731Hi for custody and salelceepng sut;ect to further order of the
Honorable Court.

Date Received Warden/)ailgl.l!lrd

FVViho_rum

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