I, JANE D. DATUD, of legal age, married, Filipino citizen and
residing at Centro, Didipio, Kasibu, Nueva Vizcaya, after having been duly sworn to in accordance with law, hereby depose and state:
1. That I am the owner of that certain parcel of land with an
area of THIRTY FIVE THOUSAND ONE HUNDRED SEVENTY FIVE (35,175) SQUARE METERS, situated at Dinaoyan, Didipio, Kasibu, Nueva Vizcaya, and covered by Tax Declaration No. ARP No. 2010-100013-0898;
2. That on March 29, 2006, I and Australian Philippines
Mining, Inc. (APMI), now Oceanagold Philippines, Inc. (OGPI) entered into an Agreement to Vacate With Waiver and Quitclaim over a portion of TWENTY EIGHT THOUSAND THREE HUNDRED NINETY SEVEN (28,397) SQUARE METERS of the above-described parcel of land while the remaining portion of SIX THOUSAND SEVEN HUNDRED SEVENTY EIGHT (6,778) SQUARE METERS remained in my possession;
3. That sometime in 2014, when OGPI started its full
operation, it occupied my entire lot, including the portion of 6,778 square meters which was not included in the aforesaid agreement and used it as dumping site for rocks and boulders thereby rendering the entire lot non-suitable for agricultural production;
4. That around year 2014, I confronted Atty. Carina
Dulinayan, legal counsel of OGPI and a foreign top official of the corporation at their office in Didipio, Kasibu, Nueva Vizcaya and further informed them that they should not occupy and use as dumping site the unsold portion of 6,778 meters of my lot considering that it was not covered by the agreement;
5. That despite my protestations, OGPI occupied the entire lot,
including the excess of 6,778 square meters, without paying its corresponding price to my damage and prejudice; 6. That I attest to the veracity of the foregoing statements and hereby execute this affidavit for whatever legal intent or purpose it mays serve under the premises;
IN WITNESS whereof, I hereby affix my signature on this
affidavit this _____ day of April 2017 at Bayombong, Nueva Vizcaya.
JANE D. DATUD Affiant
SUBSCRIBED AND SWORN TO before me this ____ day of
April 2017 at Bayombong, Nueva Vizcaya, affiant having exhibited to me her Pag-Ibig Identification No. 1340-0007-9362 bearing her name and signature.