REPUBLIC OF THE PHILIPPINES Department of Justice National Prosecution Serice OFFICE OF THE CIT! PROSECUTOR Ca"a#an $e Oro Cit#% P&ilippines FERN'NDO N( D'U)% In &is personal capacit# an$
NPS( NO( ************* Complaina inant%
's Baran"a# Captain on +e&alf of BR)! BR)!(( ,', ,',BU'! BU'!'% '% C')'! C')'!'N DE ORO CIT! C IT! FOR.U'LIFIED THEFT 'n$ UNJUST /E0'TION 1 ersus 1 'RLENE N(LUN'% ,ILB' S( O,'ND',% 'NN'BELLE O( C'BU)S'% LUCI'N' C( ',BUT% RO2EN' C( 'B'!ON% J',ES B')ON)ON% EUSEBIO B'LU!OS Respon$ent% 01111111111111111111111 3 'FFID'/IT1CO,PL'INT I, FERN'NDO N( D'U)% of legal age, married, Filipino, and with address at Mambuaya, Cagayan de Oro City ,after havin having g been been swor sworn n to in acco accord rdanc ance e with with law law do here hereby by depose and say: 1. hat I am the incumbent !unong "arangay of Mambuaya, Mambuaya, Cagayan de Oro City, and I am #ling this comp compla lain intt both both in my pers person onal al capa capaci city ty and and on behalf of the "rgy. of Mambuaya as !unong "arangay$ %. hat hat respon spond dents ents ar are e all all resid esiden ents ts of bar aran ang gay Mambuaya, Cagayan de Oro City$ &. ha hat the "arangay ngay 'ove overnment of Mamb ambuaya, Cagayan de Oro City, formerly (nown as Municipal )ist )istri rict ct of Ma Mamb mbua uay, y, (now (nown n also also befo beforre as *iti *itio o Mambua Mambuaya, ya, "rgy "rgy.. +umbi +umbia, a, Cagayan Cagayan de Or Oro o City, City, is
Page 2
the absolute owner of a parcel of land consisting of One undred Fifty Five housand -ine undred and -inety wo 1//,00% s2uare meters more or less, covered under a3 )eclaration -o. 1404, more particularly described as +ot -o. %5/60, Cad &607). 8 copy of the said a3 )eclaration is hereto attached as 8nne3 98 with sub7mar(ings$ 4. hat this land ownership of "rgy. Mambuaya is further a;rmed by the )epartment of . hat due to this discovery, I have conducted a research and in2uiry and discovered sometime in the year %514 that the then principal of Mambuaya
Page 3
parcel of land which belongs solely to "arangay Mambuaya$ 0. hat after I have learned of the illegal transaction, i.e. Contract of lease, without any authority vested by the owner towards the school principal, teachers and o;cers, with herein respondent 8rlene -. +una, I sent a letter to various government departments and o;ces inviting them to a forum or dialogue in order to settle the matter regarding the unauthoriBed contract and usurpation of real property. 8 copy of the said letter is hereto attached as 8nne3 9)$ 15. hat on -ovember %5, %514, ey persons from the )epartment of
Page 4
14. hat the respondents were informed of the situation and were thereby forewarned to cease and desist from implementing the Contract of +ease and to immediately stop the harvesting of coconuts because there was no authority given to them by the Municipality of Mambuaya. owever, respondents were antagonistic and non E cooperative, and they insisted in harvesting the coconuts despite lac( of authority$ 1/. hat despite the said warning made by (ey persons who attended the dialogue and by me as the !unong "arangay during the forum Ddialogue, respondent 8rlene C. +una confederating with herein other respondents, continued their illegal act of harvesting coconuts$ 16. hat respondent Mrs. Milba *. Omandam, as well as the herein respondent teachers and other o;cers of Mambuaya . hat despite the (nowledge that "arangay Mambuaya is the owner of said property, the aforementioned respondent principal, teachers and o;cers of the school, supported respondent +una and ensured that the latter could enter the area and harvest the coconuts within the premises$ 1A. hat it is indubitable that all the respondents were in concert in committing the said illegal acts with intent to gain because said teachers were present in the forum and were even as(ed by the diGerent departments of the government as mentioned herein above to relay the information regarding the illegality of the said contract to respondent +una. owever, they continued to connive with the respondent +una and ensured that the latter can perpetrate the illegal ta(ing of the coconuts$ 10. hat on )ecember &, %514, herein complainant received a report that respondent +una harvested
Page 5
coconuts in said area even with the (nowledge that she did not have authority nor permission from the owner of said property$ %5. hat responding upon to the report, together with the barangay tanods of "arangay Mambuaya, we went to the said area and witnessed that the laborers of the respondent 8rlene C. +una continued harvesting coconuts in the abovementioned parcel of land. 8 copy of the !olice "lotter is hereto attached as 8nne3 9<$ %1. hat said respondent 8rlene C. +una, thru her laborers, and with the support and connivance of herein other respondents, entered into the premises and unlawfully harvested the coconuts without the (nowledge and permission from "rgy. Mambuaya, with clear intent to gain from it$ %%. hat as the !unong "arangay of Mambuaya and by the duty and responsibility that is incumbent upon me, I too( the initiative of con#scating the coconuts that they harvested and brought the same to the barangay hall for safe (eeping$ %&. hat 8rlene C. +una and her cohorts, herein other respondents, clearly got angry with my act and had shown very antagonistic attitude towards me that 8rlene, with the support of the other respondents, initiated and #led a complaint in the O;ce of the City !rosecutor in order to harass me. 8 copy of the complaint is hereto attached as 8nne3 9F with sub7 mar(ings$ %4. hat in the abovementioned complaint, the respondent 8rlene +una admitted under oath that she and herein other respondents have entered into a Contract of +ease over the property belonging to "rgy. Mambuaya, and that she has harvested coconuts on several occasions from the said parcel of land pursuant to that Contract of +ease$ %/. hat since the complaint #led by respondent +una against me was baseless, it was dismissed by the City !rosecutor. 8 copy of the =esolution from the O;ce of the City !rosecutor is attached hereto as 8nne3 9' with sub7mar(ings$
Page 6
%6. hat in the respondentsH further eGort to harass me, respondent +una again #led a complaint against me for the same ground before the O;ce of the Ombudsman on the very same grounds made before the O;ce of the City !rosecutor. 8 copy of my Counter 8;davit in the O;ce of the Ombudsman is attached hereto as 8nne3 9 $ %>. hat in the abovementioned complaints #led against me by respondent +una, the other respondents in this case have acted as witnesses and continued to support the claim of +una, further establishing the fact that they have conspired and connived with each other in ma(ing a bogus Contract of +ease without any authority from the "rgy. 'overnment of Mambuay or even from the )epartment of
Page 7
I HEREB! CERTIF! that I have personally e3amined the a;ant and am satis#ed that she has read and understood her a;davit the contents of which she has personal (nowledge.
