SWORN STATEMENT OF ROSELLIETA DELA CERNA BFORE PROSECUTOR

NARUZEN J. DELFIN-LORETE OF THE CITY PROSECUTOR’S OFFICE, CEBU CITY

IN ACCORDANCE WITH THE JUDICIAL AFFIDAVIT RULE.

Affiant was duly informed of the nature of the cases she desire to file, was apprised with the
provisions of the Revised Penal Code and answered the questions propounded by the
Investigating Prosecutor by her own free will and volition.

Q: Do you swear to tell the truth, the whole truth and nothing but the truth in this
investigation?

A: Yes Mam.

Q: Please state your name address and other personal circumstances.

A: I am ROSELLIETA DELA CERNA, of legal age, married and residing at Sitio

Taytayan, Buhisan, Cebu City.

Q: Why are you here in the Office of the City Prosecutor?

A: I am here to support the filing of cases against Bernarda Pacaña, Bernabe

Pacaña and Rita Pacaña at Sitio Taytayan, Buhisan, Cebu City, for Grave
Threats and Unjust Vexation for threatening and causing me and Patricia
Cabornay-Yapsangco so much trouble, vexation, annoyance and anxiety, as
well as to file a criminal complaint for Other Forms of Trespass for building a
house on the property belonging to Patricia Cabornay-Yapsangco, as one of
the heirs of Jacinta Alcuizar.

Q: Please narrate the circumstances surrounding the incident that transpired

which constrained you to file cases against Bernarda Pacaña, Bernabe Pacaña
and Rita Pacaña.

A: On February 26, 2017 at 10:00 o’clock in the morning, more or less, I, together
with Patricia Yapsangco went to Sitio Taytayan, Buhisan, Cebu City for the
purpose of supervising the men of the surveyor in embedding the boundary
landmark of the lot belonging to the Heirs of Alcuizar, covered by Transfer
Certicate of Title No. 107-2014000097, containing an area of 4,102 square
meters.

Q: When you arrived in the area, was there anything unusual that occurred?

A: Yes Mam, the following horrible matters transpired: That we saw Bernarda
Pacaña holding a bladed weapon and uttering “PADAYON MO KAY NAA GYUD
MAHITABO NINYO, SUWAYI LANG”, such utterance was hurled against us and
to the men of the surveyor; That we also saw Bernabe Pacaña and Rita Pacaña,
barricading the area and angrily uttered, “SIGE PADAYON MO KAY NAA DYUY
MAHITABO; That the men of the surveyor told us that they are not going to
finish embedding the boundary landmarks for fear of their lives;

Q: What happened next?

A: That we, also, for fear of our own lives, retreated and asked for assistance
from Buhisan Barangay Hall but the Barangay Tanods were not able to control
Bernarda Pacaña, Bernabe Pacaña and Rita Pacaña, so, we reported the matter
 to Police Station 10 and Police Officer Ungab, Police Officer Bayarcal and
Police Officer Labiaga responded.

Q: Were they able to apprehend the suspects?

A: No, because when they arrived in the area, sensing that Bernarda Pacaña,
Bernabe Pacaña and Rita Pacaña were in the heat of anger, they just told us to
settle the matter before the Barangay and left for the reason unknown to us.

Q: Did you go to the Barangay in order to complain?

A: Yes and we were called three times for purposes of settling the matter
amicably, however, only Rita Pacaña appeared and just told the Lupon
members to just let us file a case against them and on the third time no one of
the suspects came, thus, we were issued a Certification to File Action.

Q: Are you a party-in-interest in the cases which you would like to file?

A: Yes, I am an interested party to the cases because I was threatened, vexed,

troubled and annoyed of what the suspects maliciously did because my right
over the property being one of the residents thereof, which the suspects insist
to own, has been prejudiced, as the said property is titled and registered
under the name of Jacinta Alcuizar, the grandmother of Patricia Cabornay-
Yapsangco, being the mother of her mother Teofila Alcuizar Cabornay and the
same is being offered to sell to the Cebu City Government, intended for
socialized housing project.

Q: What else had happened, if there is any?

A: I was told by the residents that the boundary landmarks were uprooted and I
hurriedly inform Patricia Cabornay-Yapsangco regarding the matter.

Q: What more did the suspects do, if there is any?

A: And that sometime in the month of June, 2017, we went to the area to see the
actual situation there but to our surprise, a two-storey house is built in the
area and worse, a fence made of interlink of five-meters height, surrounding
the lot containing 200 square meters, more or less and putting a signage of NO
TRESPASSING PRIVATE PROPERTY, when in fact, the lot legally belongs to
Patricia Cabornay-Yapsangco as one of the heirs of Jacinta Alcuizar.

Q: What did you feel about the actuations of the suspects and what is now your
pleasure that this Office will do?

A: I and Patricia Cabornay-Yapsanbgco were threatened, vexed and annoyed that

we were not able to accomplish our purpose of embedding the landmarks.
Feeling oppressed and thinking that we cannot risk our lives to do any act
which might lead to a more chaotic situation, we would like to request this
Honorable Prosecutor to file the appropriate charges against Bernarda
Pacaña, Bernabe Pacaña and Rita Pacaña at Sitio Taytayan, Barangay Buhisan,
Cebu City.

Q: Do you affirm and confirm the truthfulness and veracity of the foregoing facts?
A: Yes Mam.

Q: Is there anything more that you want to add in your statements?

A: No more, Mam.

Cebu City, Philippines, ____________________________.

ROSSELLIETA DELA CERNA

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, this ____ day of August, 2017, at Cebu City,
Philippines.
SWORN STATEMENT OF PATRICIA CABORNAY-YAPSANGCO BFORE PROSECUTOR NARUZEN J.
DELFIN-LORETE OF THE CITY PROSECUTOR’S OFFICE, CEBU CITY IN ACCORDANCE WITH THE
JUDICIAL AFFIDAVIT RULE.

Affiant was duly informed of the nature of the cases she desire to file, was apprised with the provisions of
the Revised Penal Code and answered the questions propounded by the Investigating Prosecutor by her
own free will and volition.

Q: Do you swear to tell the truth, the whole truth and nothing but the truth in this
investigation?

A: Yes Mam.

Q: Please state your name address and other personal circumstances.

A: I am PATRICIA CABORNAY-YAPSANGCO, of legal age, married and residing at

636 F. Pacaña Street, Cebu City.

Q: Why are you here in the Office of the City Prosecutor’s Office?

A: I am here to file cases against Bernarda Pacaña, Bernabe Pacaña and Rita
Pacaña At Sitio Taytayan, Barangay Buhisan, Cebu City, for Grave Threats and
Unjust Vexation, for threatening and causing me and Rosellieta dela Cerna, so
much trouble, vexation, annoyance and anxiety and to file a criminal
complaint for Other Forms of Trespass for building a house on the property
belonging to me, as one of the heirs of Jacinta Alcuizar, duly authorized by all
the heirs in a Special Power of Attorney, (attached herewith is a photocopy of
the SPA).

Q: Please narrate the circumstances surrounding the incident that transpired

which constrained you to file cases against Bernarda Pacaña, Bernabe Pacaña
and Rita Pacaña at Sitio Taytayan, Buhisan, Cebu City.

A: On February 26, 2017 at 10:00 o’clock in the morning, more or less, I,

requested Rossellieta dela Cerna to accompany me to Sitio Taytayan, Buhisan,
Cebu City for the purpose of supervising the men of the surveyor in
embedding the boundary landmarks of the lot belonging to the Heirs of
Alcuizar, covered by a title, transferred in the name of my brother, Emiliano
Cabornay, (attached is a photocopy of Transfer Certificate of Title No. 107-
2014000097).

Q: When you arrived in the area, what transpired?

A: When we arrived in the area, the following horrible matters occurred: That we
saw Bernarda Pacaña holding a bladed weapon and uttering “PADAYON MO
KAY NAA GYUD MAHITABO NINYO, SUWAYI LANG”, such utterance was hurled
against us and to the men of the surveyor; That we also saw Bernabe Pacaña
and Rita Pacaña, barricading the area and angrily uttered, “SIGE PADAYON MO
KAY NAA DYUY MAHITABO; That the men of the surveyor told us that they are
not going to finish embedding the boundary landmarks for fear of their lives;

Q: What happened next?

A: That we, also, for fear of our own lives, retreated and asked for assistance
from Buhisan Barangay Hall but the Barangay Tanods were not able to control
 Bernarda Pacaña, Bernabe Pacaña and Rita Pacaña, so, we reported the matter
to Police Station 10 and Police Officer Ungab, Police Officer Bayarcal and
Police Officer Labiaga responded, (attached is a Police Report from PNP,
Police Station 10).

Q: Were they able to apprehend the suspects?

A: No, when they arrived in the area, sensing that Bernarda Pacaña, Bernabe
Pacaña and Rita Pacaña were very angry, they just told us to settle the matter
before the Barangay and left, for the reason unknown to us.

Q: Did you go to the Barangay in order to complain?

A: Yes and we were called three times but only Rita Pacaña appeared and just
told the Lupon members to just let us file a case against them and on the third
time none of the suspects came, thus, we were issued a Certification to File
Action, (attached is a photocopy of Certification to File Action).

Q: Are you a party-in-interest in the cases which you would like to file?

A: Yes, I am directly affected of the abuses made by the suspects because I was
gravely threatened, vexed and annoyed, especially, because the property
which became the cause of all these hassles, belongs to me, as one of the heirs
of Jacinta Alcuizar and at the same time, the representative of all the heirs
which the suspects insist to own because the truth is, the said property is
titled and registered under the name of Jacinta Alcuizar, my grandmother,
being the mother of my mother Teofila Alcuizar Cabornay.

Q: What else had happened, if there is any?

A: I was informed by Rossellieta dela Cerna that the boundary landmarks were
uprooted and we thought that it was beyond our strength to stop their abuses;

Q: What else did the suspects do, if any?

A: That sometime in the month of June, 2017, we went to the area to see the
actual situation there but to our surprise, a two-storey house is built in the
area and a septic tank and worse, a fence made of interlink of five-meters
height is surrounding the lot containing 200 square meters, more or less and
putting a signage of NO TRESPASSING PRIVATE PROPERTY, when in fact, the
lot belongs to the heirs of Jacinta Alcuizar; (attached are pictures of the house,
signage, fence and a septic tank).

Q: What did you feel about the actuations of the suspects and what is now your
pleasure that this Office can do?

A: I and Rosellieta dela Cerna were threatened, vexed and annoyed that we were
not able to accomplish our purpose of embedding the landmarks. Feeling
oppressed and thinking that we cannot risk our lives to do any act which
might lead to a more chaotic situation, we would like to request this
Honorable Prosecutor to file the appropriate charges against Bernarda
Pacaña, Bernabe Pacaña and Rita Pacaña at Sitio Taytayan, Barangay Buhisan,
Cebu City.
Q: Do you affirm and confirm the truthfulness and veracity of the foregoing facts?

A: Yes Mam.

Q: Do you have anything more to say?

A: No more, Mam.

Cebu City, Philippines, __________________________.

PATRICIA CABORNAY-YAPSANGCO
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, this ____ day of August, 2017, at Cebu City,
Philippines.