REPUBLIC OF THE PHILIPPINES DEPARTMENT OF JUSTICE OFFICE OF THE CITY PROSECUTOR QUEZON CITY

JULIAN MORDEN TALLANO, Represented by Mario T. Papa, Complaina nts, versus ROLLY LIWAG, Respond ent. x-------------------------------------------x

I.S. No. XV-03-INV-11G05190 FOR: MALICIOUS MISCHIEF

C UTR FI AI ONE - F V A D T

I, ROLLY LIWAG y LEBAG of legal age, married with address at 12-F Gateway Garden Ridge Condominium, EDSA, Barangay Ilaya, Mandaluyong City, after having been duly sworn in accordance with law, hereby depose and say:

1. I am a former Overseas Filipino Worker with Philippine Passport No.

XX3587912, who has worked in the Middle East since 1978 and had just retired last June 30, 2010, copy of which passport as Annex 1 is made an integral part hereof;

2. I am the same person also known as ORLANDO or ROLANDO

LIWAG y LEBAG, as certified by VICE CONSUL GERMINIA V. AGUILARUSUDAN and entered in the Registry of the Embassy of the Philippines, stationed in Abu Dhabi, United Arab Emirates as Certificate No. 0048-

2000, a copy of which certification as Annex 2 is made an integral part hereof;

3. I am the attorney-in-fact of ZAIDA LIWAG y VILIRAN and ROLAND

LIWAG y VILIRAN; who are my children, copies of their respective Special Powers of Attorney and Birth Certificates as Annex 3 to 31 and 4 to 4-1 are made an integral part hereof;

4. My daughter, ZAIDA LIWAG y VILIRAN, single, Filipino, holder of

Philippine Passport No. XX4764514 is the registered and absolute owner in fee simple of a certain parcel of land denominated as Lot 1 Block 8 of (LRC) Pcs-13474, situated along Congressional Avenue Extension, Barangay Culiat, Quezon City, containing an area of Four Hundred Seventy Six Square Meters (476 sq.m.), more or less, and which is more particularly described in Transfer Certificate of Title No. N-265460 of the Registry of Deeds of Quezon City, copies of such passport and title as Annex 5 and 5-1 are made integral parts hereof;

5. My son, ROLAND LIWAG y VILIRAN, single, Filipino, holder of Philippine

Passport No. EB0721254 is the registered and absolute owner in fee simple of a certain parcel of land denominated as Lot 2 Block 8 of (LRC) Pcs-13474, situated along Congressional Avenue Extension, Barangay Culiat, Quezon City, containing an area of Four Hundred Fifty Three Square Meters (453 sq.m.), more or less, and which is more particularly described in Transfer Certificate of Title No. N265459 of the Registry of Deeds of Quezon City, copies of such

passport and title as Annex 6 and 6-1 are made integral parts hereof;

6. Both parcels of land were formerly owned by my mother, SALUD L.

LIWAG, who bought the above-described real property from JOSE ERNESTO GONZALEZ on June 21, 1990, copies of such Deeds of Absolute Sale as Annex 7 and 7-1 are made integral parts hereof;

7. Consequently, Transfer Certificate of Titles No. N-217606 and

Transfer Certificate of Titles No. N-217607 were issued under the name of SALUD L. LIWAG, copies of such titles as Annex 8 and 81 are made integral parts hereof;

8. On March 12, 2004 SALUD L. LIWAG, donated the aforementioned

parcels of land to ZAIDA LIWAG y VILIRAN and ROLAND LIWAG y VILIRAN, copies of such Deeds of Donation as Annex 9 and 9-1 are made integral parts hereof;

9. My son and daughter intended to build a commercial building over the

lots so that their earnings from working abroad will not go to waste; that being the true, registered and absolute owners of the subject property, we have been religiously and regularly paying the right amount of taxes imposed by the government, copies of such Real Property Assessment Record, Real Property Tax Bill, and Tax Declaration of Real Property as Annex 10 and 10-1 to 12 and 12-1 are made integral parts hereof;

10. There is no truth to the charges being levelled at me for the

statements of the Complainant MARIO T. PAPA are full of lies and meant to prop up and strengthen the fabricated charges, for the reason that on March 4, 2011, I applied for a Clearance Permit from BARANGAY CULIAT which has jurisdiction over the parcel of land to construct a two-storey commercial building, appropriately, BARANGAY CHAIRMAN JAIME GARCIA, issued a certification stating therein that their office interposes no objection to the proposed two (2) storey commercial building, copy of which certification as Annex 13 is made an integral part hereof;

11. Immediately I applied for a building permit for the construction of the

two-storey commercial building at Quezon City Hall, so I had the lot prepared for the construction materials and instructed my helpers to clean-up the area in anticipation for the upcoming construction, to commence after issuance of the permit;

12. On April 4, 2011, during the clean-up, my helpers discovered that there

was a fence made up of concrete posts and barbed wires, clandestinely erected on the property with the intention of enclosing it permanently without our consent;

13. In order to prevent the threatened unlawful invasion and usurpation

and to protect the proprietary or possessory rights of my children, I reported the matter to Barangay Culiat and was informed by a certain MRS. BABY LIM that ATTY. HOMOBONO ADAZA instructed that construction materials be dumped on the property, so I immediately informed ATTY. ADAZA that I represent the legitimate and lawful
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owners of the property, but Atty. Adaza retorted that what I had was a fake title, copy of which Barangay Blotter as Annex 14 is made an integral part hereof;

14. Due to the continuous disturbance of possession, I was constrained by

legitimate necessity to report the matter to the LAND REGISTRATION AUTHORITY, however, quite alarming were the documents given to me by the LRA INVESTIGATIVE SECTION-TASK FORCE TITULONG MALINIS finding that the TALLANO-MADRIGAL-ACOP GROUP is one of the PROFESSIONAL SQUATTERS and SQUATTING SYNDICATES preying on hard-up Filipinos in need of shelter, as reported in a MANILA DAILY BULLETIN article dated December 16, 2001, entitled President orders drive on squatters and LRA Report: Task Force TM No. 99-0151, copies of such news clipping and report as Annex 15 and 15-1 are made integral parts hereof;

15. I was also cautioned that this group is attempting to rewrite the history

of the Philippines through their incredible and preposterous assertions of ownership over the entire archipelago, in a COURT OF APPEALS decision entitled REPUBLIC V. RTC PASAY CITY, docketed as CA-G.R. SP Nos. 70014 and 104604 that has finally adjudged that the heirs, agents, privies or anyone acting for and in behalf of JM TALLANO be enjoined from representing or exercising any acts of

possession/ownership or from disposing in any manner, portions of the land covered by alleged TCT No. 408, TCT No. T-408, and TCT No. T498, since the aforementioned Transfer Certificates of Title are likewise declared NULL and VOID, copy of the decision as Annex 16 is made an integral part hereof.
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16. From the above narration and from the allegations in the complaint

itself, it is clear that there was NO MALICIOUS MISCHIEF COMMITTED. The allegations of the complainant are untrue and malicious, stemming from Complainants ill intent to obviously harass me and my children, motivated by evil desire to intrude into the property with a squatter and land grabber mind, as well as to persecute and ridicule the legitimacy of realty ownership. For indeed, all my life, I have never been known to be a violent person since I abhor violence in any form.

17. There is NEITHER LEGAL NOR FACTUAL BASIS for the criminal

complaint for malicious mischief filed by the Complainant against me. Thus, the instant criminal complaint should be DISMISSED, for LACK OF MERIT.

18. To this end, I reiterate my strong denial of the malicious and unfair

accusation and all allegation of wrong doing against anyone, and will assert my INNOCENCE in any forum and will seek justice for this wrong against my person and that of my family in the proper forum under the laws of our country. That I am prepared to cooperate and establish my INNOCENCE of any violation of law which was allegedly committed, and that I reiterate that I am ABSOLUTELY INNOCENT of any criminal offense.

19.

Respondent reserves the right to file SUPPLEMENTAL and

REJOINDER AFFIDAVIT.

20. Further, the respondent respectfully prays for such and other reliefs as

may be deemed just and equitable under the law and the premises.

August 24, 2011, Quezon City, Philippines.

ORLANDO L. LIWAG
Affiant

SUBSCRIBED AND SWORN to before me this 24th day of August 2011 at Quezon City, Philippines.

I further certify that I have personally examined the affiant and I am convinced and satisfied that he voluntarily executed, understood and read his statements and that he freely and voluntarily made the allegations herein and therein and affirmed the same to be facts, true and correct.

_______________________________________________

Administering Officer/Prosecutor