Republic of the Philippines

OFFICE OF THE OMBUDSMAN

Mindanao
Special Prosecution Bureau
3rd Floor H&C Bldg. Alvarez St.,
Sta. Ana, Davao City

AFFIDAVIT COMPLAINT
for ILLEGAL DETENTION, arbitrary detention AND
delay in the delivery to the judicial authorities
COMES NOW, GERLIE MONTERO LAMPONG, by the undersigned
counsels, unto the Honorable Office of the Ombudsman, most
respectfully submit this Affidavit Complaint and aver:

PREFATORY STATEMENT
(Synopsis of the case)

In the evening of 23 December 2017 – just one day and a few hours before Christmas
– Gerlie, firmly but without violence and abuse, confronted her cousin Ramonito Montero
Jr. on why the latter maliciously prosecuted Gerlie’s elderly mother for child abuse...
However, Ramonito, owing to his conceited and recalcitrant behavior, responded
unkindly and acted brusquely towards Gerlie; corollary, a brawl – wherein Ramonito was
the initiator and aggressor while Gerlie acted in self-defense – ensued for a few seconds but
was immediately intervened into and stopped by their relatives…
Soon after, when the altercation and brawl has already ceased, police officers, who
are without arrest warrant, came and invited Gerlie to the Police Station with the intention
to amicably settle the dispute thru the assistance of the PNP Women and Children’s Desk…
While thereat, Gerlie and Ramonito together with the latter’s mother had a
confrontation, and the female police-in-charge ordered Gerlie to apologize to Ramonito
without even knowing the truth of the incident and as to who’s the party at fault…
Gerlie, who was then feeling so gravely wronged and humiliated, refused to apologize
for the reason that she was the aggrieved party and that apologizing would be tantamount to
admitting that she was the party at fault, when in truth she was the victim and in fact has
suffered grave bruises on her knee and arm…
In view of Gerlie’s refusal to apologize to Ramonito, the police officers arbitrarily
detained her and unjustly put her behind bars for five (5) days, from 23rd to 28th day of
December 2017, without formally charging her with any crime with the proper judicial
authority…
Worst, instead at home together with loved ones, Gerlie spent her Christmas crying
in despair inside the jail because the Police Officers concerned refused to release her despite
the pleas of Gerlie’s counsel Attorney Baltazar Sator on the ground that Gerlie’s arrest as
well as her being detained is unlawful…

Affidavit Complaint of Gerlie Montero Lumpang Page 1

 Gravely wronged, trampled and humiliated, Complainant Gerlie Montero Lampong
hereby prays for speedy and equitable reliefs, to redress the wrong done upon her person,
before this Honorable Office of the Ombudsman...

CIRCUMSTANCES OF THE PARTIES

(Circumstances of the plaintiffs and defendant in this case)

1. Complainant GERLIE MONTERO LAMPONG (GERLIE) is of legal

age, Filipino, single and a resident of Sobrecarey Street,
Magugpo South, Tagum City, Davao del Norte, Philippines,
where she may be served with summons, orders, notices and
other processes of this Honorable Office;
2. Respondents are:
a. RAMONITO MONTERO (RAMONITO), fourteen years old,
Filipino and a resident of Sobrecarey Street, Magugpo
South, Tagum City, c/o the latter’s mother JEAN
MONTERO’s address for purposes of services of
summons, orders, notices and other processes;
b. RAMONITO’s, mother JEAN MONTERO (JEAN) of legal age,
Filipino and likewise a resident of Sobrecarey
Street, Magugpo South, Tagum City;
c. SPO1 ALLAN C. MARCOJOS, the female Police Officer
in-duty at the PNP Women and Children’s Desk on the
evening of 23 December 2017, and all the Police
Officers who conspired with JEAN in effecting and
causing the unlawful arrest without arrest warrant
and arbitrary detention of GERLIE for five (5) days
without a valid legal ground and without filing the
appropriate criminal charges in court c/o PNP Police
Station, Tagum City, for purposes of services of
summons, orders, notices and other processes;

STATEMENT OF facts
(Clear statements of the pertinent facts)

3. Sometime in November 2017, RAMONITO, assisted by and

thru his mother JEAN, filed a criminal case for violation
of section 10, paragraph a, of R.A. 7610;
4. In the above-said criminal complaint, RAMONITO alleged
that his aunt xxxx hit him with a in the head twice
5. In the evening of 23rd of December 2017, when GERLIE was
sitting in front of their house, which is adjacent to the
house of JEAN, she saw RAMONITO and the latter’s sister
alyas “MAY-MAY” MONTERO walking-by towards their direction;
6. Upon seeing RAMONITO, GERLIE – firmly but without
violence and abuse and acting as if a big sister instilling
discipline to her younger brother – confronted the latter on

Affidavit Complaint of Gerlie Montero Lumpang Page 2

why the latter maliciously prosecuted the latter’s aunt
(GERLIE’s elderly mother) for child abuse;
7. Particularly, GERLIE asked RAMONITO where was the
latter’s cut/injury to his head and subsequently asked that
if it’s indeed true that GERLIE’s mother had hit him hard
twice on the head, then why is it that RAMONITO would not
allow her to examine his injury on his head and that the
latter have shown no medical certificate evidencing his
head injury;
8.
9. if she could examine RAMONITO’s injury on his head,
considering that RAMONITO has alleged that he has been hit
hard twice in his head by GERLIE’s mother ERLINDA MONTERO
LAMPANG;
10.
11. the late Spouses Damian and Marcosa Blase
executed a Deed of DonationA – notarized before Justice of the
Peace, Notary Public Ex-Officio, SABAS C. SAYON and registered in his
notarial register as Document No. 207, Page No. 39, Book No. 1, Series
of 1962 – donating ONE AND ONE HALF (1 ½) hectares portion of
that parcel of land known as Lot No. 2377, Pls-70,
containing an area of 4.3516 hectares, to the Municipality
of Santo Tomas in consideration of Spouses Blase’s love and
generosity for the said municipality;
12. On 02 August 1972, the late Spouses Damian and
Marcosa Blase signed three instruments purporting to be
Deeds of Donation, donating portions of their land that
were already covered in the previous deed of donation dated
07 September 1962, notarized by Notary Public Ex-Officio
SABAS C. SAYON, and duly registered in the latter’s
notarial register, to wit:
a. Deed of Donation (ROAD LOT 2)B donating ONE THOUSAND
FIVE HUNDRED SEVEN (1,587) SQUARE METERS, more or
less, portion of Spouses Blase’s land to be used as
road (Doc No. 428, Book No. 6, Series of 1972);
b. Deed of Donation (MARKET PLACE)C donating ELEVEN
THOUSAND TWO HUNDRED FORTY FOUR (11,244) SQUARE
METERS, more or less, portion of Spouses Blase’s land
to be used as construction site for the market place
(Doc No. 429, Book No. 6, Series of 1972);

A attached herewith is a copy of the 7 SEPTEMBER 1962 DEED OF DONATION and made an integral part hereof and marked as ANNEX “B”
B
attached herewith is a copy of the 2 AUGUST 1972 DEED OF DONATION (ROAD LOT 2) and made an integral part hereof and marked as ANNEX “C”
C
attached herewith is a copy of the 2 AUGUST 1972 DEED OF DONATION (MARKET PLACE) and made an integral part hereof and marked as ANNEX “D”

Affidavit Complaint of Gerlie Montero Lumpang Page 3

 c. Deed of Donation (ROAD LOT 1)D donating EIGHT
THOUSAND TWO HUNDRED SIXTY EIGHT (8,268) SQUARE
METERS, more or less, portion of Spouses Blase’s land
to be used as road (Doc No. 430, Book No. 6, Series of
1972);

13. With respect to the Deed of Donation over ROAD

LOT 2, the late Spouses Blase, considering their lack of
legal education and being unlettered, made an honest
mistake and inadvertence in signing the said Deed.
14. have never intended to donate the same to the
MUNICIPALITY OF SANTO TOMAS since they intended to reserve
the same as their children’s inheritance;
15.
16. On 22 August 1972, the REGISTRY OF DEEDS FOR THE
PROVINCE OF DAVAO DEL NORTE issued a Transfer Certificate
of Title No. T-12115E, covering and embracing ROAD LOT 2, in
the name of the MUNICIPALITY OF SANTO TOMAS;
17.
18.
19. ROAD LOT 2 containing an area of ONE THOUSAND FIVE
HUNDRED SEVEN (1,587) SQUARE METERS, more or less, In year
2017 and in an effort to settle the above dispute, there
was a personal confrontation between the Plaintiff and
Defendants before the Lupong Tagapamaya of Barangay Apokon,
however, the parties failed to reach an amicable
settlement; thus, the barangay issued a
20. Despite repeated demands, Defendants unjustly
failed and still fail to heed Plaintiff’s just and valid
demand to peacefully leave and vacate her property, leaving
Plaintiff with no other feasible recourse but to seek legal
relief before this honorable court;
21. Plaintiff suffered grave stress and sleepless
nights engendered by the Defendants’ unreasonable refusal
to vacate her land as well as Defendants’ harsh and vexing
attitude against her, thus, Defendants should compensate
Plaintiff for moral damages;
22. Plaintiff also suffered pecuniary damages and loss
of income by having to put in abeyance her plan to lease-
out her property to another;
23. In order to enforce Plaintiff’s rights and redress
the wrong committed by Defendant, Plaintiff is constrained

D
attached herewith is a copy of the 2 AUGUST 1972 DEED OF DONATION (ROAD LOT 1) and made an integral part hereof and marked as ANNEX “E”
E
attached herewith is a copy of the CERTIFIED TRUE COPY TCT NO. T-12115 and made an integral part hereof and marked as ANNEX “F”

Affidavit Complaint of Gerlie Montero Lumpang Page 4

to engage the services of a counsel for a fee of TWENTY
FIVE THOUSAND (₱25,000.00) PESOS plus TWO THOUSAND
(₱2,000.00) PESOS per court appearance.
24.
25. 13 November 2017, it was only on this date that
the URBUDAS have been furnished with the September 25, 2017
Resolution that is adverse to them;

STATEMENT OF FACTS
(Clear and concise statements of the facts)

26. In the morning of 17 July 2017, ALFAR, together

with four men, namely: (1)Ronnie Mutya, (2)Melly Cabrera,
(3)Rico Papas and (4)Larry Hilario, unlawfully trespassed
the URBUDAS' parcel of land covered by TCT P-55705 and
maliciously destroyed the Banana Trees, Cacaos, Rambotan,
Langka and Madre Cacao planted, as well as some other
improvements built, thereon;
27. .The URBUDAS made an accounting of the trees that
were unlawfully destroyed, cut and/or severed by ALFAR, the
result of such accounting is as follows:
a. One Hundred (100) fruit bearing banana trees,
banana produced of which have an estimated market
value of TWENTY FIVE THOUSAND ₱25,000.00 AT THE VERY
LEAST;
b. Ten (10) fruit bearing Cacao;
c. One (1) Langka and one (1) Rambutan tree, both of
which were already fruit bearing;
d. Several Madre Cacao trees that had provided the
URBUDAS’ parcel of land with shade against the sun
and some resistance and/or protection against flood;
28. Aside from trespassing the land and maliciously
destroying, cutting and/or severing the trees and such
other improvements thereon, ALFAR gravely intimidated and
threatened the URBUDAS; he maliciously shouted: “MGA
URBODA! PAHAWA KAMO NIINING LUGARA. KUNG DILI MO MUHAWA,
PAMATYON TAMONG TANAN. ANG IGSOON UG PAG-UMANGKON NA
MUBABAG, AKONG BITAYON PATIWARIK.” (YOU URBODAS! GET OUT OF
THIS PLACE. IF YOU WON’T LEAVE THIS PLACE, I WILL KILL YOU
ALL. ANY RELATIVE WHO WILL RESIST, I WILL HANG HEAD DOWN)

ASSIGNMENT OF ERRORS
(Allegations of reversible error of the Prosecutor)

29. (1): THE HONORABLE INVESTIGATING PROSECUTOR erred

in dismissing the complaint for Malicious Mischief for
insufficiency of evidence;

Affidavit Complaint of Gerlie Montero Lumpang Page 5

 30. (2): THE HONORABLE INVESTIGATING PROSECUTOR erred
in dismissing the complaint for Grave Threats for
insufficiency of evidence;
31. (2): THE HONORABLE INVESTIGATING PROSECUTOR erred
in dismissing the complaint for Acts Unbecoming of a Public
Official for insufficiency of evidence;
32. (4): THE HONORABLE INVESTIGATING PROSECUTOR erred
in rendering its 25 September 2017 Resolution without
considering the URBUDAS’ Reply-Affidavit, which most likely
might had led to a finding of probable cause for Malicious
Mischief, Grave Threats and Acts Unbecoming of a Public
Official had it been duly considered;

ARGUMENTS
(Reasons and arguments relied upon)

(1) As to the first assigned error:

33. Malicious mischief is defined as the willful
damaging of another’s property for the sake of causing
damage due to hate, revenge or other evil motive. To
successfully make a person liable for malicious mischief,
the following elements must be proved:
a. that the offender deliberately caused damage to the
property of another;
b. that such act does not constitute arson or other
crimes involving destruction;
c. that the act of damaging another’s property be
committed merely for the sake of damaging it;
34. All the foregoing elements are present in this
case:
a. First, ALFAR deliberately and maliciously destroyed
the Banana Trees, Cacaos, Rambotan, Langka and Madre
Cacao planted, as well as some other improvements
built, on the URBUDAS’ registered and titled land;
thereon; in fact, aside from several eye witnesses,
one of the URBUDAS was able to take a picture
(pictures hardly lie) of ALFAR while the latter is
commanding his men to cut down the trees;
b. Second, ALFAR’s act does not constitute arson or
other crimes involving destruction;
c. Third, ALFAR’s act of summarily destroying the
trees and such other improvements smacks of his
pleasure in causing damage to the same (United States vs. Gerale,
4 Phil. 218);

Affidavit Complaint of Gerlie Montero Lumpang Page 6

 35. ALFAR’s contention in his Counter-Affidavit that,
in line with his public function and to promote the welfare
of the Barangay, he merely conducted a cleaning and
clearing operation is illogical and unmeritorious for the
following reasons:
a. First, act of maliciously cutting and/or destroying
the trees planted, and improvements built, on the
URBUDAS’ property was hereon was appointed caretaker
of the subject lot on August 21, 1996. Upon the other
hand, private complainant constructed her hut thereon
only in April 1997. Such being the case, petitioner
was not justified in summarily and extrajudicially
demolishing private complainants structure. As it is,
petitioner proceeded not so much to safeguard the lot
as it is to give vent to his anger and disgust over
Castillos disregard of the no trespassing sign he
placed thereon. Indeed,
36. Therefore, in view of the foregoing, THE HONORABLE
INVESTIGATING PROSECUTOR erred in upholding QUIAMCO’s
defenses hook, line and sinker without giving reasonable
weight to GUILLOREZA’s controverting arguments;
(2) As to the second assigned error:
37. THE HONORABLE INVESTIGATING PROSECUTOR in its 23
August 2017 Resolution held that “Respondent (QUIAMCO) had previous
accounts to which complainant (GUILLOREZA)deducted ₱235,000.00 as partial
payments. While still settling her previous account, complainant continued to
release sums of money to her… Likewise, there was already novation because
complainant accepted her daily payments.”;
38. However, THE HONORABLE INVESTIGATING PROSECUTOR
did not, at all, consider GUILLOREZA’s argument in her
Reply-Affidavit that: “The point here is that the checks subject matter in
the instant case are different from that check in the amount of ₱905,504.00 (to
which the above-cited amount ₱235,000.00 was deducted), which was
the subject matter of that earlier case filed by same complainant against same
respondent…”;

39. In view of the above, THE HONORABLE INVESTIGATING

PROSECUTOR’s resolution that there was already novation is
PRAYER
WHEREFORE, in light of the foregoing, it is most respectfully
prayed of the Honorable Office of the Provincial Prosecutor that this
instant Motion for Reconsideration of its 25 September Resolution
dismissing the complaint for Malicious Mischief, Grave Threats and
Abuse of Authority against Barangay Captain Jose A. Alfar be given due

Affidavit Complaint of Gerlie Montero Lumpang Page 7

 course, and that the Urbudas’ Reply-Affidavit be taken into
consideration in arriving at a the just and fair Resolution.

Other relief and remedies that are just and equitable under the
premises are likewise prayed for.

Tagum City, Davao del Norte (for Manila), Philippines, this 10th day
of October, 2017.

Respectfully Submitted.

ANNA LIZA A. GUILLOREZA

Complainant-Appellant

Assisted by:

ATTY. MATIAS T. AQUIATAN

Counsel for the Appellant
Ground Floor, Pereyras Building,
Pioneer Avenue,Tagum City, Davao del Norte
MCLE COMPLIANCE NO. V-0012858
Date printed: January 08, 2016
Valid from: April 15, 2016 to April 14, 2019
PTR No. 1843527 Jan. 04, 2016
IBP OR # 0989174 Dec. 09, 2015
Roll No. 32402 May 2, 1983
T I N 911-021-151

Copy furnished:

Department of Justice
Padre Faura Street
Ermita, Manila 1000

ROWENA M. QUIAMCO
Respondent-Appellee
Quirante II Street
Tagum City, Davao del Norte

Affidavit Complaint of Gerlie Montero Lumpang Page 8

 VERIFICATION
I, ANNA LIZA A. GUILLOREZA,of legal age, after having
been duly sworn in accordance with law, depose and state
that:

1. I am the appellant in the above-stated case;

2. I caused the preparation of the foregoing Petition for
Review;
3. I have read the contents thereof and the facts stated
therein are true and correct of my personal knowledge
and/or on the basis of copies of documents and records
in my possession;

ANNA LIZA A. GUILLOREZA

Affiant

SUBSCRIBED AND SWORN TO before me this 9TH of October,

2017, affiant exhibiting her competent evidence of
identity, to wit:
 AFFIDAVIT OF COMPLETENESS
(DECLARATION OF COMPLETENESS)

I, ANNA LIZA A. GUILLOREZA, hereby declare that the

documents and annexes thereof hereto submitted
electronically, in accordance with the RULE ON
ELECTRONIC FILING OF PETITIONS FOR REVIEW, are complete
and faithful electronic reproductions thereof filed
with the Department of Justice.

ANNA LIZA A. GUILLOREZA

Affiant

SUBSCRIBED AND SWORN TO before me this 9TH of October,

2017, affiant exhibiting her competent evidence of
identity, to wit: