Republic of the Philippines ) Province of Compostela Valley) x- - - - - - - - - - - - - - - - - - -x AFFIDAVIT-COMPLAINT I, ELIZABETH C.

TOROCTOON, of legal age, Filipino, married, and a resident of Bermudez Plains, Apokon, Tagum City, Davao del Norte, Philippines, after having been duly sworn to in accordance with law, hereby depose and state, THAT: 1. On September 16, 2010, I acquired a parcel of land identified as Lot 5509-E of the Subdivision Plan Psd-11-007696 with an area of THIRTY SIX THOUSAND SIX HUNDRED THIRTY FIVE (36,635) SQUARE METERS, located at Cogonon, New Bataan, Compostela Valley Province and more particularly described and embraced in Transfer Certificate of Title No. T-36146 from the prior vendee, LAURENO T. CABANA. Attached as Annexes A and B hereof are the machine copies of Deed of Absolute Sale and TCT No. T36146 respectively; 2. Since the owners duplicate copy of title is still registered with HERMETISA ABOYNE and LAURENO T. CABANA failed to cause the transfer of the same in his name, the latter proposed that instead of executing a deed of absolute sale between us, I would execute a deed of absolute sale with HERMETISA ABOYNE, the original owner who was willing to do the same. Though I was reluctant for this would appear as double sale which would prejudice me but nevertheless I acceded to such proposal upon the assurance of LAURENO T. CABANA that the same was only intended to avoid complications and double registrations which could cause an additional expenses on the part of LAURENO T. CABANA; 3. Thus, a Deed of Absolute Sale was executed between me and HERMETISA ABOYNE and LAURENO T. CABANA turned over to me the owners duplicate copy of title over the said parcel of land. Thereafter, I started paying LAURENO T. CABANA on staggered basis in compliance to our verbal agreement by depositing certain amounts to his BPI Account bearing No. ________________ on several instances and I immediately took possession the said parcel of land, harvested the crops therefrom and made several improvements thereon. Attached as Annexes C to C-7 hereof are the machine copies of the deposit slips evidencing the deposits thus made; 4. Since, the subject parcel of land was used as security for the debts of LAURENO T. CABANA, I redeemed the same from his creditors by paying his debts and I paid the corresponding real property tax over the said land. Attached as Annex D hereof is the machine copy of the Real Property Tax and made an integral part hereof;

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5. On July 10, 2012 at around 3:00 p.m., I was informed by my father, JACINTO A. CAPUYAN, that a group of several persons led by JESUSA CLARIDO, PERPETUA RECUCORBA and JERRY RECUCORBA, armed with scythes, harvested the coconuts in the area. My father then reported the incident to the Barangay Officials of Cogonon and upon timely intervention, the said group of persons left the area leaving behind the harvested coconuts. Attached as Annex E hereof is the Affidavit of JACINTO A. CAPUYAN and made an integral part hereof; 6. On July 11, 2012, I, together with my father, went to the Barangay Captain Celso B. Enterina to report the incident. The Barangay Captian assured us that the harvested coconuts would not be taken from the area; 7. On July 14, 2012, I went to the area with my father and we found out that almost all of the harvested coconuts were missing and while conducting an inventory on what had been left, POPO RECUCORBA arrived and proudly and intimidatingly proclaimed that since everyone is getting a share, he is also entitled to it and he started transferring bunch of coconuts to his area using a minor child as a helper; 8. I was stunned and intimidated by the presence and actions of POPO RECUCORBA who without an inkling of hesitation despite my presence braggingly entered my property and took my coconuts. However, thinking about my safety and of my father, I avoided violent confrontation with him and instead I told him that he has no rights to take my coconuts but with provocative look he just answered that only court can stop him; 9. Thereafter, I put a NO TRESSPASSING sign over the property in order to avoid a future incursion and requested ROWEL FLORO to oversee the said land. ROWEL FLORO immediately repaired and cleaned the bunkhouse located in the said property which would serve as his shelter. Thereafter, he left for a while and when he came back at around 8:00 p.m., he saw PERPETUA RECUCORBA cleaning the bunkhouse, JESUSA CLARIDO, JERRY RECUCORBA and POPO RECUCORBA guarding the house. ROWEL FLORO, considering the surrounding circumstances of being alone and the wanton disregard of the said persons of my lawful ownership and possession to the extent of occupying my land and worse my bunkhouse, was intimidated, left and informed me of the incident. Attached as Annex F hereof is the Affidavit of ROWEL FLORO and made an integral part of this complaint; 10. PERPETUA RECUCORBA, JESUSA CLARIDO, JERRY RECUCORBA and POPO RECUCORBAs actuations have the sole purpose of depriving me of the beneficial interests of my property most especially from the fruits thereon which already deprived me such

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interests amounting to ___________________ and instead to propagate their intentions to gain therefrom. 11. I am executing this Affidavit to attest to the truth of the foregoing fact and to lodge a criminal complaint against PERPETUA RECUCORBA, JESUSA CLARIDO, JERRY RECUCORBA and POPO RECUCORBA, who are up to now continually deprive me of my possession of the land I lawfully own, for the crime of Usurpation defined under Art. 312 of the Revised Penal Code. IN WITNESS WHEREOF, I have hereunto affixed my signature this __________________ at _______________________, Philippines.

ELIZABETH C. TOROCTOON Affiant

SUBSCRIBED AND SWORN TO before me this _________________ at _____________________, Philippines. I HEREBY CERTIFY that I have personally examined the affiant and that I am fully satisfied that she voluntarily executed the same.

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