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Republic of the Philippines

Office of the City Prosecutor


Hall of Justice
Cagayan de Oro City

LIZA R. OLANO, NPS


No.____________________
Complainant,

For: VIOLATION OF THE


NATIONAL BUILDING CODE,
GRAVE THREATS,
USURPATION OF REAL
RIGHTS, etc.
- versus -

MALDWYN C. VALDEHUEZA, IGNACIO P.


VALDEHUEZA, JR., RONALD VALDEHUEZA,
EDWIN GAMALO, SAMMY
MALOLOY-ON, JOJO DOMINGUEZ,
MARTIN HANOPOL, MARLO DELOSO,
CHARLIE DELOSO, JOSEPH DALANGIN JR.,
LANNIE F. VALDEHUEZA, EVELYN V. AGOSAJES,
HILARIO DELOSO, LUCIO DOA JR.,
MARIFE OLLANAS, GINA AMARGA,
LORNA GENTILES, MERLITA SEMIROS,
MARTINA RUIZ, DELFIN TANAUN,
RRAM OLLANAS, TEDDY DAYATA,
JIMMY DOA, CHERRY GRACE C. CEPEDA,
JETH RYZALLEN E. GALLETO, ELPEDIA A.
DOMNGUEZ, MARY VISAH C. GALACIO
JEREMIAS B. RENON, JONATHAN S. SEVILLA,
RODOLFO E. FUENTES, RENO REY A. VALDEHUEZA,
SARAH B. MAANDIG, ERIC A. NAVARES, JOSE M.
ABECIA, MARIO SOLEJON, RENATO PINEDA
and JOHN DOES

Respondents,

x----------------------------------------/

AFFIDAVIT OF WITNESS

I, JACINTO B. TAALA JR., of legal age, Filipino, married and


with address at Calacapan, Indahag, Cagayan de Oro City, after
having been duly sworn to in accordance with law do hereby
depose and say:
1. That on September 1, 2013 at around 9:00 oclock in the
morning, I was working at Kauswagan, Cagayan de Oro City
when Gina Sabit, a member of San Isidro Calacapan Indahag
Farmers Association Incorporated (SICIFAI), called me and
reported that there was a group of persons who brought
carpentry materials and were attempting to enter and
construct structures in our property without our knowledge
and consent.

2. That upon hearing such report, I immediately went into the


area where they were reportedly building. There I met Gina
Sabit along with Kagawad Ariel Nambatac of the Barangay
Hall who were negotiating with the intruding group. The
group leaders introduced themselves as Maldwyn
Valdehueza, Ignacio Valdehueza, Jr., Ronald Valdehueza,
Martin Hanopol, and LannieValdehueza;

3. That these areas are covered by Transfer Certificate of Title


No. 105652, Lot 2837-A;

4. That I and my companions talked with the group together


with Hon. Ariel Nambatac, Barangay Kagawad of Brgy.
Indahag, Mr. Carmelito Damo, Lupong Tagapamayapa and
BARC Chairman of said barangay and several uniformed
policemen headed by PSupt. Danildo Tumanda;

5. That the above-mentioned barangay officials and policemen


were able to negotiate with the group for a dialogue at the
office of the barangay chairwoman, Hon. Melitona Patriana;

6. That on September 2, 2013, the following day, the case was


assigned to Mr. Carmelito Damo, Lupong Tagapamayapa as
mediator; it was only there where I learned that the leader
of the informal settlers is a certain Maldwyn Valdehueza, as
he introduced himself;

7. That the dialogue was so successful because Mr. Maldwyn


Valdehueza agreed to pull out from the area. However, he
asked permission to enter the area for a few minutes to get
their things and that their wood will remain in the area;

8. That on September 18, 2013, at around 9:00 oclock in the


morning, while I was in the said property, an elf truck
arrived carrying several armed men. One I distinctly
identified as Joseph Dalangin, Jr., who ordered the men to
bring down the fence and enter the property, then shouted
at me, SULOD DIRI KAY SAMPOLAN TAKA! (Enter the area
and I will show you!), apparently meaning to shoot me if I
tried to stop them. Ignacio Valdehueza, Jr. then aimed at me
and shot me with his firearm. I already filed a criminal case
for Attempted Murder against Dalangin. On that day the
same group of Valdehueza mentioned above, returned and
re-entered our property without consent and against our
prior agreement. The group now consisted of the same
persons including Edwin Gamalo, Sammy Maloloy-On, Jojo
Dominguez, Martin Hanopol, Marlo Deloso, Charlie Deloso,
Joseph Dalangin Jr., Lannie V. Valdehueza, Evelyn V.
Agosajes, Hilario Deloso, Lucio Doa Jr., Marife Ollanas, Gina
Amarga, Lorna Gentiles, Merlita Semiros, Martina Ruiz,
Delfin Tanaun, Rram Ollanas, Teddy Dayata, Jimmy Doa,
Cherry Grace C. Cepeda,Jeth Ryzallen E. Galleto, Elpedia A.
Domnguez, Mary Visah C. Galacio, Jeremias B. Renon,
Jonathan S. Sevilla, Rodolfo E. Fuentes, Reno Rey A.
Valdehueza, Sarah B. Maandig, Eric A. Navares, Jose M.
Abecia, Mario Solejon, Renato Pineda and other still
unidentified persons;

9. That on September 27, 2013, I, together with Liza R. Olano


and the Barangay Chairwoman Patriana, and other
companions, attempted to establish and put up a Brgy.
Police Outpost in the area, as I found out that the group
returned and re-entered our property on September 18,
2013, despite our agreement. However, we were prevented
by the group of Mr. Maldwyn Valdehueza saying that the
land is owned by him and his predecessors. But when asked
to show the title of the land, he got angry and shouted at us
in the local dialect, WALA KAMOY KATUNGOD DINHI KAY
DILI NI INYONG YUTA. AMO NING YUTA, MANGA DISGRASYA
PA MO DINHI. AYAW NA MOG BALIK. HAYAON PA MO DINHI!
(You have no right here because this is not your land. This is
our land and your lives are in danger here now. Dont you
ever come back here anymore because if you do you will all
die and your wake will be right here!);

10. That words to that effect have a chilling effect on me


and my companions, because Mr. Maldwyn Valdehueza in
his appearance was quite serious in his threat against me
and those of my companions. We were afraid of our lives
and we hurriedly left the area;

11. Mr. Maldwyn Valdehueza and his group continued with


the hostile tirade against us and threatened us even at the
Barangay Hall of Indahag in the presence of many people by
further saying, MAYGANI KAY WALA KAMO MANGAUNSA
DIDTO, at the same time shaking his head several times
which brought indescribable fear and panic in my heart and
those of my companions but we continued with our
complaint;

12. That I execute this affidavit-complaint attesting to the


foregoing facts for the purpose of supporting the criminal
and civil charges for VIOLATION OF THE NATIONAL BUILDING
CODE, GRAVE THREATS, USURPATION OF REAL RIGHTS, etc.
against Maldwyn Valdehueza, Ignacio Valdehueza, Jr.,
Ronald Valdehueza, Edwin Gamalo, Sammy Maloloy-On, Jojo
Dominguez, Martin Hanopol, Marlo Deloso, Charlie Deloso,
Joseph Dalangin Jr., Lannie V. Valdehueza, Evelyn V.
Agosajes, Hilario Deloso, Lucio Doa Jr., Marife Ollanas, Gina
Amarga, Lorna Gentiles, Merlita Semiros, Martina Ruiz,
Delfin Tanaun, Rram Ollanas, Teddy Dayata, Jimmy Doa,
Cherry Grace C. Cepeda,Jeth Ryzallen E. Galleto, Elpedia A.
Domnguez, Mary Visah C. Galacio, Jeremias B. Renon,
Jonathan S. Sevilla, Rodolfo E. Fuentes, Reno Rey A.
Valdehueza, Sarah B. Maandig, Eric A. Navares, Jose M.
Abecia, Mario Solejon, Renato Pineda And John Does;

IN WITNESS WHEREOF, I hereunto affix my signature this


___ day of November 2013 at Cagayan de Oro City, Philippines.

JACINTO B. TAALA JR.


Affiant/Witness

SUBSCRIBED AND SWORN to before me this ___ day of


November 2013 at Cagayan de Oro City, Philippines, by JACINTO
B. TAALA JR. who is known to me on the basis of competent
document of identity to be the same person who executed the
foregoing Affidavit-Complaint and whom I personally examined
and am satisfied that he has read and understood his affidavit the
contents of which he has personal knowledge.

I HEREBY CERTIFY that I have personally examined the


affiant and am satisfied that he has read and understood his
affidavit the contents of which he has personal knowledge.

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