Republic of the Philippines In the City of Naga
} }S.S
COMPLAINT-AFFIDAVIT I, STEPHEN C. MENDOZA, Filipino, of legal age, married, and a resident of B5 L13, R. Felipe St., Concepcion Grande, Naga City, under oath, states that: 1. I was accused of the felony of Grave Threats Threats as defined and penalized by Art. 282 of the Revised Penal Code, in Criminal Cases No. S-4582 and S-4583 before the 7th Municipal Circuit Trial Court of Tigaon, Camarines Sur, both docketed as People of the Philippines vs. Stephen C. Mendoza. Mendoza . Copies of the Informations on the two cases are hereby attached to this Complaint-Affidavit as Annexes "A" and "B", respectively, and made integral part hereof. 2. In a Joint Judgment Judgment by the Honorable Court Court on the above criminal cases, dated May 22, 2015, by the Honorable Jorge John S. Aganan, I was acquitted of the said charges. The dispositive portion of said judgment reads: "CRIMINAL CASE NO. S-4582: WHEREFORE, premises considered, accused STEPHEN C. MENDOZA on ground of reasonable doubt, is ACQUITTED of the crime charged in Crim. Case No. S- 4582. SO ORDERED. CRIMINAL CASE NO. S-4583: WHEREFORE, accused STEPHEN C. MENDOZA is also ACQUITTED on ground of reasonable doubt of the crime charged in Crim. Case No. S-4583. SO ORDERED."
Copy of said Judgment is hereby attached to this ComplaintAffidavit as Annex "C" and made integral part hereof.
Page 1 of 4
3. During the prosecution's presentation of evidence, Prosecution Witness SAMUEL BISCO Y DE LOS SANTOS , Filipino, married, and a resident of Sitio Lubas, Sibaguan, Sagñay, Camarines Sur, knowingly and falsely testified against me committed in the following manner: a. On April 20, 2009, Mr. Bisco executed an Affidavit stating facts and events which allegedly transpired on March 21, 2009. In summary, Mr. Bisco stated that when my cousin Leopoldo Guillermo "Boyet" Mendoza III went to Sitio Lubas on March 21, 2009, it was only my other cousins Hiram Othelo M. Rogando, and Pethyas P. Mendoza who were with him. My name was never mentioned in the Affidavit. b. However, when he testified on October 17, 2014 during the trial of my cases, he identified and adopted a JudicialAffidavit dated April 21, 2014 which already implicated me as one of those who accompanied my cousin Boyet. Thus, in his April 20, 2009 Affidavit, he stated: 4. Q:
A:
At the time you were harvesting, where was Leopoldo Guillermo Mendoza III? He was with with Utilo and Pichas Mendoza talking with Salome Buela.
But in his April 21, 2014 Judicial-Affidavit he stated: 5.H:
Kan Marso 21, 2009, nagigirumduman nagigirumduman mo kung nahiling mo sindang apat?
S:
Iyo po. Pakapangudto po kan Marso 21, 2009, pinasuguan ako ni Boyet na dumanan daa ako ako sa may harong ni Pelagio Dacillo.
6.H:
Ano nagduman ka sa lugar susog sa paapod saimo?
S:
Iyo po. Katunayan ngani kaiyan, naabutan ko duman sa Boyet, Stephen , Pethyas, saka Utilo Utilo saka ibang kalalakihan na napag-araman kong pina-apod man ni Boyet.
Copies of both Affidavits are hereby attached to this document as Annexes "D" and "E", respectively, and made integral part hereof. Page 2 of 4
d. On October 17, 2014, during the cross-examination of Mr. Bisco by my counsel, Atty. Leo Caayao, he admitted in open court that he testified against me because he was promised by Bong Quillope (private complainant in the twin cases of Grave Threats against me) that me) that if he and one other prosecution witness Rolando Condat would would testify against me they will not be included in a criminal complaint for qualified theft. Thus, the transcript of stenographic notes during the October 17, 2014 cross-examination reveals: TSN CRIM. CASE NO. S-4582/4583 and S-4588 Page 2 x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x CROSS EXAMINATION: Q
:Mr. Bisco, your tesstimony against Stephen Mendoza and Guillermo "Boyet" Mendoza was on the alleged incident last November 21, 2009, am I correct?
A
:Yes, sir.
Q
:And this incident that you are testifying on said date involves the gathering of coconuts on orders of Guillermo Mendoza, were were you are one one of the coconut coconut pickers?
A
:Yes, sir.
Q
:And as one of the pickers you know for a fact your name was included in the complaint made by Ulysses Bong Quillope in the police authorities of Sagñay, Camarines Sur?
A
:Yes, sir.
Q
:Your name was also included in the complaint of Vicente Ulysses Quillope with the barangay authorities of Sibaguan, Sagñay, Camarines Sur, is that correct?
A
:Yes, sir.
Q
:But when a case for qualified theft was filed against the coconut pickers your name and that of Rolando Condat were no longer included, is that correct?
A
:Yes, sir.
Page 3 of 4
Q
:You and Rolando Condat were no longer included in the accusations because the two of you were promised by Bong Vicente Ulysses Quillope, that if the two of you will execute an affidavit against Guillermo Mendoza and Stephen Mendoza you will not be included in the complaint, is that correct?
A
:Yes, sir. This is my affidavit and this is my signature.
Copy of said transcript of stenographic notes is hereby attached to this Complaint-Affidavit as Annex "F" and made integral part hereof. 4. I am executing this Complaint-Affidavit to attest to the truthfulness and veracity of the foregoing statements and for the purpose of filing a criminal complaint against Mr. Samuel Bisco y de los Santos for the felonies of FALSE TESTIMONY AGAINST A DEFENDANT and PERJURY IN SOLEMN AFFIRMATION as defined and penalized under Art. 180 par. 4 and Art. 183, respectively, of the Revised Penal Penal Code, should probable cause be found by the Honorable Investigating Prosecutor. Prosecutor. IN WITNESS WHEREOF, I have hereunto set my hand this ______ day of June 2017 at Naga Naga City, Philippines
STEPHEN C. MENDOZA
Affiant/Complainant Govt issued ID: ___________ Valid Until:_______________ Until:_______________
SUBSCRIBED AND SWORN to before me this _______ day of April 2017 at ____________________, Philippines, affiant having shown to me his ID and further avowed that the foregoing statements are based on his own personal knowledge and that the same is his free and voluntary act and deed.
Page 4 of 4
