Republic of the Philippines)

Taguig City ) s.s.

COMPLAINT-AFFIDAVIT

I, EMMANUEL VILLALON AGUILAR, of legal age, married and a

resident of No. 20 E. Hermosa Street, Grem Village, San Roque, Pateros,
after being duly sworn in accordance with law, do hereby depose and
state, that:

1. For a period of ten (10) years, the brothers Rebelion Calderon

(120 square meters) and Aries Calderon (280 square meters) in June and
July 2015, respectively, leased to me as owners of two (2) lots with an
aggregate area of 400 square meters and located in 6140 A. Levi Mariano
Avenue, Barangay Ususan, Taguig City, that I used as my Motor Shop and
Car Wash (“Aguilar Auto Works”);

2. Although, the brothers pegged the monthly rental thereof at

P12,000.00 for each area or P24,000.00 for the total aggregate area, both
asked for big advance deposits: P144,000.00 for Rebelion; P244,000.00
for Aries;

3. I told them that I will agree to make the above-mentioned

advance deposits provided they will assure me of my peaceful undisturbed
and unimpeded possession of the area (400 square meters) within the
period of ten (10) years as stipulated and covered by our contracts;

4. They (Rebelion and Aries) assured me of peaceful and

undisturbed possession thereof and even said that they will be willing to
put a proviso to this effect in our contracts and committed to sign the
same;

5. On this assurance, I made the following advance payments:

P144,000.00 to Rebelion Calderon; P244,000.00 to Aries Calderon;

6. For ready reference, I am herewith attaching to form as an

integral part hereof the said Lease Agreements or Contracts as Annexes
“A” and “B” executed by the brothers Calderon and myself;

7. After the execution of the said Agreement, I put up the

necessary structures to house the work area and equipment; then, I put up
the signage: “Aguilar Auto Works”; I later constructed the “Car Wash
Area”;

8. I spent about __________ therefor;

 9. Since the execution of these contracts, I peacefully possessed
the above-mentioned leased premises without any disturbance or
harassment from any person; but only up to the first part of 2017;

10. For, at about past 11:00 o’clock in the morning of May 24,
2017, a certain MONICO ABARICO (a government employee connected
with the Bureau of Jail Management and Penology, or BJMP of Antipolo
City) and his wife, MARINETTE ABARICO (likewise a government employee
connected with the Land Transportation Office or LTO P. Tuason, Cubao,
Quezon City) arrived at the front of the gate of my motor shop on board
their Ford Everest (Plate No. ABR1114};

11. Before alighting from his vehicle, MONTANO ABARICO, in full

BJMP uniform, lowered the window and immediately cast invectives on
my person saying, “Ikaw putang ina mo, matagal na kita gustong makausap
pero tinataguan mo ako!” (“You son of a bitch, I’ve been trying to talk to
you but you kept on hiding from me!);

12. I answered him in a very polite and mild manner: “Di ikaw ang
kausap ko dito.” (“You are not the person I’ve talked to on this matter.”)

13. Then he alighted from the vehicle, simultaneously picking up

his short firearm from his seat and publicly displaying how he tucked the
firearm in his waist, with the obvious purpose to threaten or intimidate
me or my person;

14. Indeed I got intimidated and feared for my life, most especially
that he came to the motor shop in his BJMP uniform;

15. Thereafter, Montano Abarico and Marinet Abarico took turns

throwing invectives while shouting and pointing their fingers at me: “Wala
kang karapatan sa lote naming lumayas ka dito!” (“You have no right over
our property! Scram!”);

16. Videos and Photographs of the happenings in my shop were

taken by my employees which I have hereto attached and made as integral
part hereof as Annexes “B” and series (photographs) and “C” (Video);

17. Fearing for my life, I decided to call for police assistance, who
later responded;
 18. Even when the policemen were already present, the spouses
continued their maligning and throwing invectives at my person, like
“Putang ina mo! Umalis ka na dyan, hindi mo pagaari yan! Wala kang
karapatan tumira dyan! Amin yan!” (“Your mother’s a whore! Leave the
place because it’s not yours! You have no right to stay there! It’s ours!”);
always emphasizing that I should leave the premises because I have no
right to occupy it since the property is theirs; which of course is not true
because I have an existing Lease Contract with the owners on the premises
alluded to by them;

19. I also told them that they should go to the courts of law and
follow due process if they want to rescind or to annul our lease contract;
and not just put the law into their hands;

20. The policemen later suggested that we talk at the Barangay

Hall; and in order to avoid further public scandal, I heeded their advice
thinking that I would get a fair treatment thereat;

21. At the Barangay, the spouses Montano and Marinet Abarico

tried to convince me to surrender possession over the subject property and
reimburse me the amounts I already paid as rental payments and other
cash advances to the brothers Aries and Rebelion Calderon;

22. I did not agree;

23. Then they changed their strategy: the spouses Montano and
Marinet Abarico proposed that I surrender the portion of the property
(about 120 square meters) occupied by my “Car Wash” services and the
structure I built; but they will transfer it (Car Wash) to the inner portion
of the property and build a similar structure made of the same materials
and of the same design;

24. I at first disagreed; but my wife later convinced me to agree to

part with 120 square meters in favour of the spouses to avoid further
harassment from them and to protect my life---they said I will get killed
if I do not comply with their demand;

25. So I surrendered possession of the “Wash Car” area with the

conviction that the spouses Montano and Marinette Abarico will keep their
commitment to transfer and build a similar structure of my “Wash Area”
at the back portion of the property;

26. I really thought the spouses will comply with their

commitment; but I was wrong, for they did not fulfil their promise;
 27. I went back to the Barangay to rescind what we previously
agreed on because the Spouses Montano and Marinette Abarico did not
fulfil their commitment;

28. I also asked the brothers Rebelion and Aries Calderon why the
spouses Abarico were harassing me, but the two simply said they could not
do anything about it; I then was convinced that the two (Rebelion and
Aries) were in conspiracy with the spouses in everything that the latter did
to me;

29. I thought that was the end of the harassment, but I was again
wrong, because I was informed by my employees that the spouses Montano
and Marinette Abarico constantly went to my shop to monitor my
whereabouts;

30. Then, on 17 June 2017, Marinette Abarico went again to my

Motor Shop in the guise of talking to me; but my employees thereat
informed her that I was in Palawan;

31. With this information, she exploited and took advantage of my

absence: confederating and acting in conspiracy with Rebelion Calderon
and Aries Calderon, she told my staff and employees to take out the
vehicles parked inside the “Aguilar Motor Shop”; but my staff told her that
they could not do this without my approval and/or consent;

32. Marinette Abarico insisted that she and Rebelion Abarico will
lock the main gate leading to my motorshop and even used two (2)
Barangay Tanods as her security escorts; so, my staff called my wife and
requested her to go to the shop in order to talk with Marinette Abarico;

33. When my wife arrived, Marinette Abarico, Rebelion and Aries

Calderon instructed her to take out the vehicles inside my motorshop as
they were now going to lock it and use it;

34. According to my wife, she told Marinette Abarico that she could
not do it because I was renting it and I had an existing Lease Agreement
with Rebelion and Aries Calderon;

35. But Marinette Abarico did not mind her and continued to shout
in a very loud manner directed to my wife that we should leave the
premises because we were occupying a property that was not ours; if not,
Marinette continued, bad things will happen to us;
 36. According to my wife, this was the height of harassment and
threat to her life and limb she experienced from Marinette Abarico, an
educated lady being an employee of the Land Transportation Office;

37. She could not do anything because she feared for her and our
employees safety and also wanted to avoid public scandal; at the back of
her mind she further feared that Monico Abarico, who earlier threatened
us with danger to life and limb, was just in the vicinity waiting for some
signal to attack them;

38. With the active help of Rebelion Calderon, they closed the
gate leading to my Motor Shop and thus succeeded in locking said gate;
thereafter, they (Marinette Abarico and Rebelion Calderon) left the
motorshop;

39. Our customers could not take out their vehicles because the
gate (used as ingress and egress) was closed and locked by Marinette
Abarico and Rebelion Calderon;

40. Until Barangay Chairman Benny Sanidad (Barangay Sta Ana,

Pateros), whose vehicle was likewise trapped inside my motorshop,
arrived;

41. Chairman Sanidad insisted that he be allowed to get his

vehicle---that was repaired in our motorshop---out; but my wife told him
of what happened;

42. Chairman Sanidad then got mad and fumed, and later decided
that they go and ask for help at the Office of the BARANGAY USUSAN
Barangay Chairman and for my wife to file a complaint and ask for
assistance in re-opening the gate to my motorshop;

43. Fortunately, the Barangay Ususan Chairman extended

assistance and helped my wife and staff reopen the main gate of our
motorshop; thus, were they able to accommodate customers and operate
again;

44. Marinette Abarico and her conspirators did not stop here
though, for they continued, and still continue, to harass me and my staff
from doing our work and accommodating the repair needs of our
customers;

45. A case in point was the 11 August 2017 incident where

Marinette Abarico filed a baseless complaint for Illegal Trespass against
me with the Office of the Barangay Chairman of Barangay Ususan, Taguig
City;
 46. She (Marinette Abarico) alleged that i blocked the entry to
her alleged residence when one of the vehicles up for repair in our shop
parked at the front of her gate;

47. Marinette Abarico accused me of usurping a real property she

allegedly owns; which of course is a complete lie:

48. In my Counter-Affidavit submitted to the Office of the

Barangay Chairman of Barangay Ususan, I declared that:

a) I presently rent a real property (6140 A. Levi Mariano Ave.,

Barangay Ususan, Taguig City with an approximate area of 400
square meters) owned by Aries and Rebellion Calderon that
houses my motorshop (Aguilar Auto Works);

b) As proof of our Lease Agreement, I am hereto attaching a

photocopy thereof as Annex “1”;

c) As can be readily gleaned from Annex “1”, I have the right to

occupy and possess the real property, subject of Marinet
Abarico’s complaint against me, for a period of ten (10) years,
to be counted from 2015;

d) And for the record, I have been occupying this above-described

real property---and which is the subject matter of Marinet
Abarico’s complaint against me---since 2015 and up to the
present;

e) And my occupancy thereof was only scuttled and disturbed

when Marinet Abarico and her husband, Montano Abarico, Jr.,
entered the picture early June 2017, intervened and forced me
to leave the premises; allegedly on their insistence that they
now own the portion owned by Rebellion Calderon;

f) Montano and Marinet Abarico, despite their being learned and

educated and despite their being government employees
(Marinet is employed with the Land Transportation Office,
Cubao Branch); while Montano Abarico is employed with the
Bureau of Jail Management and Penology, Antipolo City),
threatened and misled me to agree, unfairly though, to swap
Rebellion’s area with an area at the rear portion of the real
property;
g) I, at first, agreed with this, but since they did not fulfil what
they committed and they just conned and fooled me to agree
so that they will be able to possess and fence the portion
owned by Rebellion, I rescinded that Agreement at the Office
of the Barangay Chairman;

h) Hence, that Agreement I supposedly signed has no more legal

or binding effect after I rescinded it;

i) It is therefore not true that she now owns the real property I
am renting from the brothers, Aries and Rebellion Calderon;

j) Even, granting for the sake of argument, that the same had just
recently been subdivided and assigned in her favour, Ms.
Marinette Abarico has to RESPECT AND HONOR my Lease
Agreement with the brothers, Aries and Rebellion Calderon;

k) So, how can I commit an illegal trespass if I am the lawful

occupant of the real property being claimed by Marinet
Abarico?;

l) Aside from the above-stated facts and circumstances, I submit

the following declarations why I did not commit any illegal
trespass against Marinette Abarico:

i) Articles 280 and 281 of the Revised Penal Code

specifically provide that the offender (of Illegal Trespass
to Dwelling) must ENTER a dwelling or fenced estate for
this crime to exist;
ii) I never entered any DWELLING;
iii) Moreover, BLOCKING AN ENTRANCE is not TRESPASS TO
DWELLING punishable by law;
iv) Blocking an entrance is also not one of the acts punished
under Articles 280 and 281 of the Revised Penal Code!;
v) In fact, it was not my vehicle that blocked any entrance;
vi) And I was the rightful possessor of that “entrance”,
because I am the legitimate occupant/lessee of that
portion of the real property, being rented by me;
vii) So, there is no cause of action against me by Marinet
Abarico;
viii) Hence, it is clear as day that Marinet Abarico’s accusation
against me is simply FABRICATED and a FIGMENT OF HER
IMAGINATION that will not hold water in any court of law,
because the same has no factual and legal leg to stand
on;
 m. On the other hand, I was the one deprived of the lawful
possession of the property I am renting from the brothers, Aries
and Rebellion Calderon;

n. “Robbery” because they have apportioned to themselves the

area which I developed as a “Car Wash”, including the building
that I constructed thereon;

o. “Grave Coercion”, because they have forced me to do

something against my will; and

p. “Grave Threats” because they have threatened to kill me if I

did not agree with their intentions;

q. I am executing this Counter-Affidavit for the purpose of

attesting to the truth of the foregoing facts and most
specifically for the purpose of praying for the outright dismissal
of the Illegal Trespass to Dwelling Marinet Abarico has filed
against me;

r. I am also executing this Counter-Affidavit for whatever legal

purpose this may serve;

s. I am therefore praying of this Honorable Office of the Barangay

Chairman to dismiss outright this fabricated charge for being
DEVOID OF ANY MERIT.

t. AFFIANT FURTHER SAYETH NAUGHT.

EMMANUEL V. AGUILAR
Affiant”

49. In the meantime, Voltaire Calderon, also a first cousin of the

brothers Rebelion and Aries Calderon and Marinette Abarico, blockaded
and put up a cemented fence on the exit of the vehicles that have
undergone body repair and re-painting; thus, effectively prohibiting our
motorshop to operate effectively;

50. Sometime in January of 2018, or January 03 to be exact,

Spouses Aries and Ivy Calderon drove and parked their vehicle (a Ford
Everest) in front of the entrance to the Aguilar Motor Shop in the process
obstructing again the ingress and egress thereto/therefrom;
 51. They parked their vehicle there because I again refused to sign
a document making the Lease Contract I presently have with the brothers
Aries and Rebellion Calderon;

52. It was only after several days that the Spouses Aries and Ivy
Calderon transferred their vehicle (parked in front of the Aguilar Auto
Works entrance) to another place;

53. The foregoing facts have certainly established that the Lessors
(Aries and Rebellion Calderon) are primarily guilty of Breach of Contract
for depriving me of lawful, unimpeded and peaceful possession of the 400
square meters (subject matter or object of the contract) because at
present I only possess about 120 square meters thereof;

54. Aries and Rebellion Calderon have therefore now to restore to

me possession of the whole 400 square meters, otherwise they stand to be
liable for Specific Performance plus Damages caused me and the Aguilar
Motor Works;

55. Finally, on 03 May 2018, Ivy Calderon went to my motorshop

(Aguilar Auto Works) and demanded rental payment from me; she
intentionally did this to shame and humiliate me in front of my customers
for the latter to believe that I have not been paying rentals;

56. But she was wrong because instead of the 2nd of the month, I
am supposed to give her the monthly rental on the 12th of the month, as
stated in our Lease Contract;

57. When I went to my motorshop at about past 2:00 o’clock in the

early morning of 05 May 2018, I noticed that there were posts and cement
in the entrance thereof;

58. When I looked closer, I saw that some workers placed posts and
were putting cement in order to put a fence around my motorshop, which
will ultimately deprive me and my customers/clients from using my gate
as ingress and egress;

59. I asked them why they were doing it, and they answered that
they were instructed by Rebelion Calderon to construct a fence around his
property;
 60. I immediately told them to stop because I am the lawful
possessor thereof; otherwise I will criminally sue them;

61. They stopped but later in the morning about past 8:00 o’clock,
they came back to resume their work; so, I was forced to seek police and
barangay assistance;

62. When they were told by the authorities that what they were
doing was illegal, they immediately apologized to me, removed what they
had already worked on and left my motorshop;

63. I am executing this Complaint-Affidavit to attest to the truth

of the foregoing facts and most particularly to file: (a) administrative
(Grave Misconduct, etc) cases against Montano and Marinette Abarico; (b)
criminal cases (Estafa, Robbery, Grave Threats, Grave Coercion, Malicious
Mischief and Unjust Vexation) against Montano Abarico, Marinette Abarico,
Rebellion Calderon, Dyan Calderon, Aries Calderon, Ivy Calderon and
Voltaire Calderon; and (c) civil (Specific Performance and Damages) cases
against Montano Abarico, Marinette Abarico, Rebellion Calderon, Dyan
Calderon, Aries Calderon, Ivy Calderon and Voltaire Calderon

64. This Complaint-Affidavit is likewise executed for any legal

purpose this may serve;

65. The allegations in this Complaint-Affidavit have been read and

translated to me in the vernacular dialect (Tagalog) I am familiar with and
I have fully understood the import thereof;

Affiant further sayeth naught.

EMMANUEL V. AGUILAR
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this ___ day of May 2018

in Taguig City, affiant exhibiting to me his Driver’s License No. ______
issued on __________ at ______________.
Republic of the Philippines)
Quezon City ) s.s.

COMPLAINT-AFFIDAVIT

I, EMMANUEL VILLAON AGUILAR, of legal age, married and a

resident of No. 20 E. Hermosa Street, Grem Village, San Roque, Pateros,
after being duly sworn in accordance with law, do hereby depose and
state, that,

I am filing ADMINISTRATIVE COMPLAINTS for GRAVE MISCONDUCT,

CONDUCT PREJUDICIAL TO THE BEST INTEREST OF THE SERVICE and
VIOLATION OF OFFICE RULES under the REVISED RULES in ADMINISTRATIVE
CASES in the CIVIL SERVICE (RRACCS-2017) and REPUBLIC ACT NO. 6713
(Ethical Standard for Government Officials and Employees) and CRIMINAL
COMPLAINTS for Violation of the provisions under RA No. 6713 and RA No.
3019 (ANTI-GRAFT AND CORRUPT PRACTICES ACT) against the SPOUSES
MONTANO (currently, an employee of the Bureau of Jail Management and
Penology [BJMP] employee assigned in Antipolo City) and MARINETTE
ABARICO (currently, a government employee of the Land Transportation
Office [LTO] assigned at P. Tuason LTO Branch Office), husband and wife,
both of legal age, with residential addresses at Block 3, Lot 12, Robbies
Subdivision, Antipolo City, and No. 44-C Gen. Luna Street, Ususan, Taguig
City, committed as follows:

1. Last 24 May 2017, at about past 11:00 o’clock in the morning, a

certain MONTANO ABARICO, in full BJMP uniform being a government
employee of the Bureau of Jail Management and Penology (BJMP)
assigned in Antipolo City and his wife, MARINETTE ABARICO (also a
government employee connected with the Land Transportation Office
[LTO] P. Tuason, Cubao, Quezon City) arrived at the front of the gate of
my motor shop on board their Ford Everest (Plate No. ABR1114);

2. I have to immediately state at this point that 24 May 2017 was

an ordinary working day for government employees and both MONTANO
(BJMP employee) and MARINETTE (LTO employee) ABARICO were not in
their workplace in Antipolo City and P.Tuazon, QC because my motor shop
(AGUILAR AUTO WORKS) is located at 6140 A. Levi Mariano Avenue,
Barangay Ususan, Taguig City, far from Montano Abarico’s and Marinette
Abarico’s place of work; so, they must have left their place of work without
proper permission from their superiors;

3. Before alighting from his vehicle, MONTANO ABARICO, in full

BJMP uniform, lowered the window and immediately cast invectives on
my person saying, “Ikaw putang ina mo, matagal na kita gustong makausap
pero tinataguan mo ako!” (“You son of a bitch, I’ve been trying to talk to
you but you kept on hiding from me!);
 4. I answered MONTANO ABARICO in a very polite and mild manner:
“Di po ikaw ang kausap ko dito.” (“You are not the person with whom I
have an agreement with on this matter.”)

5. Then he alighted from the vehicle, simultaneously picking up his

short firearm from his seat and publicly displaying how he tucked the
firearm in his waist, with the obvious purpose to threaten or intimidate
me;

6. Of course, I got intimidated and feared for my life when, pointing

his finger directly at me, MONTANO ABARICO said that something bad will
happen to me and my employees if we do not leave the place---most
especially that he came to the motor shop in his BJMP uniform with a
firearm;

7. Thereafter, MONTANO ABARICO and MARINETTE ABARICO took

turns throwing invectives while shouting and pointing their fingers at me:
“Wala kang karapatan sa lote naming lumayas ka dito!” (“You have no
right over our property! Get out of here! [Or Leave this place!]”);

8. Photographs showing how the foregoing acts were done by the

SPOUSES MONTANO and MARINETTE ABARICO to my person are hereto
attached and made integral part hereof as Annexes “A”, “B” and “C”;

9. Fearing for my life and the lives of my employees, I decided to

call and ask for police assistance, who later responded;

10. Even when the policemen were already present at the scene of
the incident, the Spouses Montano and Marinette Abarico continued
maligning and throwing invectives at my person, like “Putang ina mo!
Umalis ka na dyan, hindi mo pagaari yan! Wala kang karapatan tumira
dyan! Amin yan!” (“Your mother’s a whore! Leave the place because it’s
not yours! You have no right to stay here! This is ours!”); always
emphasizing that I should leave the leased premises because I have no right
to occupy it since the property is theirs;

11. Which of course is not true because I have an existing Lease

Contract with the owners on the premises alluded to by them; for ready
reference, photocopies of the Lease Contracts on the premises I am using
as my motor shop (AGUILAR AUTO WORKS) are hereto attached and made
integral part hereof as Annex “D” and “E”;

12. I told them in a very respectful way that they should go to the
courts of law and follow the legal processes if they want to rescind or to
annul our lease contract; and not just put the law into their hands;
 13. But which they simply brushed me aside and continued on
harassing me to leave the place;

14. As a background, I am informing this Honorable Office of the

Ombudsman, that:

a) In June and July 2015 and for a period of ten (10) years, the
cousins of Marinette Abarico, brothers Rebelion Calderon (120 square
meters) and Aries Calderon (280 square meters), respectively, leased
to me as owners of two (2) lots with an aggregate area of 400 square
meters and located in 6140 A. Levi Mariano Avenue, Barangay
Ususan, Taguig City, that I am now using as my Motor Shop and Car
Wash (“Aguilar Auto Works”);
b) Although, the brothers pegged the monthly rental thereof at
P12,000.00 for each area or P24,000.00 for the total aggregate area,
both asked for big advance deposits: P144,000.00 for Rebelion;
P244,000.00 for Aries;
c) I told them that I will agree to make the above-mentioned
advance deposits provided they will assure me of my peaceful
undisturbed and unimpeded possession of the area (400 square
meters) within the period of ten (10) years as stipulated and covered
by our contracts;
d) They (Rebelion and Aries) assured me of peaceful and
undisturbed possession thereof and even said that they will be willing
to put a proviso to this effect in our contracts and committed to sign
the same;
e) On this assurance, I made the following advance payments:
P144,000.00 to Rebelion Calderon; P244,000.00 to Aries Calderon;
f) For ready reference, these Lease Agreements or Contracts
(executed by the brothers REBELLION and ARIES Calderon and
myself) have been earlier marked as Annexes “D” and “E” ;
g) For the record, REBELLION and ARIES CALDERON are first
cousins of herein respondent MARINETTE ABARICO;
h) After the execution of the said Agreement, I put up the
necessary structures to house the work area and equipment; then, I
put up the signage: “Aguilar Auto Works”; I later constructed the “Car
Wash Area”;
i) I spent a very big amount therefor;
j) Since the execution of these contracts, I peacefully possessed
the above-mentioned leased premises without any disturbance or
harassment from any person; but only up to the first part of 2017,
when the SPOUSES MONTANO and MARINETTE ABARICO entered the
scene and started to exert unlawful pressure on me, my wife and my
employees through various acts of harassment, including threats to
my life and limb;
 15. Going back to the 24 May 2017 incident, the policemen who
responded to my request for assistance, later suggested that we talk at
the Barangay Hall;

16. Seeking an amicable settlement thereof and in order to avoid

further public scandal as some of my customers were also present, I
heeded their advice thinking that I would get a fair treatment thereat;

17. At the Office of the Barangay, the spouses Montano and Marinet
Abarico tried to convince me to surrender possession over the subject
property and reimburse me the amounts I already paid as rental payments
and other cash advances to the brothers Aries and Rebelion Calderon;

18. I immediately did not agree;

19. But, when they changed their strategy (the spouses Montano and
Marinette Abarico proposed that I surrender the portion of the property
[about 120 square meters] occupied by my “Car Wash” services and the
structure I built; but they will transfer it [Car Wash] to the inner portion
of the property and build a similar structure made of the same materials
and of the same design), I agreed, just to buy “peace”;

20. Most especially, when my wife tried to convince me to agree to

part with 120 square meters in favour of the spouses to avoid further
harassment from them and to protect my life, since they already
threatened me that I will get killed if I do not comply with their demands;

21. So, I surrendered possession of the “Wash Car” area with the
assurance by the SPOUSES MONTANO and MARINETTE ABARICO that they
will keep their commitment to transfer and build a similar structure of my
“Wash Car Area” at the back portion of the property;

22. I really thought the SPOUSES MONTANO and MARINETTE

ABARICO will comply with or fulfill their commitment;

23. But I was wrong, for they NEVER fulfilled their commitment; even
until now;

24. So, I went back to the Barangay to rescind what we previously

agreed on because the SPOUSES MONTANO and MARINETTE ABARICO did
not fulfil their commitment; however, I could not anymore retrieve
possession of the area I surrendered by reason of the previous agreement
because Marinette and Montano Abarico had already put their own gate
leading to---and securely fenced---it;
 25. This is BREACH OF TRUST in the highest order, for being
government employees I trusted they will fulfill their commitment to me;

26. I thought that was the end of the harassment, but I was again
wrong, because I was informed by my employees that the SPOUSES
MONTANO and MARINETTE ABARICO constantly went to my shop to
monitor my whereabouts;

27. On 17 June 2017, MARINETTE ABARICO went again to my Motor

Shop in the guise of talking to me; but my employees thereat informed her
that I was in Palawan;

28. With this information, MARINETTE ABARICO exploited and took

advantage of my absence: confederating and acting in conspiracy with her
cousins, REBELLION and ARIES CALDERON, she told my staff and
employees to take out the vehicles parked inside the “Aguilar Motor Shop”;
but my staff told her that they could not do this without my approval
and/or consent;

29. MARINETTE ABARICO insisted that she and Rebelion Abarico will
lock the main gate leading to my motorshop and even used two (2)
Barangay Tanods as her security escorts; so, my staff called my wife and
requested her to go to the shop in order to request Marinette Abarico to
stop harassing my employees;

30. When my wife arrived, Marinette Abarico, Rebelion and Aries

Calderon instructed her to take out the vehicles inside my motorshop as
they were now going to lock it and use it;

31. According to my wife, she requested MARINETTE ABARICO to

stop harassing our employees; she further told MARINETTE ABARICO that
she could not do it because I was renting it and I had an existing Lease
Agreement with the brothers, REBELLION and ARIES Calderon;

32. But Marinette Abarico just did not mind her and continued to
shout in a very loud manner, directed at my wife, that we should leave the
premises because we were occupying a property that was not ours; if we
will not leave, bad things will happen to us, MARINETTE ABARICO
continued;

33. According to my wife, this was the worst form of harassment

and threat to her life and limb she experienced from MARINETTE
ABARICO, an educated lady being an employee of the Land Transportation
Office (LTO);
 34. My wife, MARIBEL AGUILAR, could not do anything because she
feared for her and our employees safety and also wanted to avoid public
scandal; at the back of her mind she further feared that MONTANO
ABARICO, who earlier threatened us with danger to life and limb, was just
in the vicinity waiting for some signal to attack them;

35. With the active help of Rebelion Calderon, they closed the gate
leading to my Motor Shop and thus succeeded in locking said gate;
thereafter, they (Marinette Abarico and Rebelion Calderon) left the
motorshop, with our gate locked!;

36. Our customers could not take out their vehicles because the gate
(used as ingress and egress) was closed and locked by Marinette Abarico
and company;

37. Until Barangay Chairman Benny Sanidad (Barangay Sta Ana,

Pateros), whose vehicle was likewise trapped inside my motorshop,
arrived;

38. Chairman Sanidad insisted that he be allowed to get his vehicle-

--that was just repaired in our motorshop---out; but my wife told him of
what happened and that they did not have the key to the lock;

39.Chairman Sanidad then got mad and fumed, and later decided
that they go and ask for help from the Office of the Barangay Chairman of
BARANGAY USUSAN and also for my wife to file a complaint and ask for
assistance in re-opening the gate to my motorshop;

40. Fortunately, the Barangay Ususan Chairman extended assistance

and helped my wife and staff reopen the main gate of our motorshop;
thereafter, were they able to accommodate customers by reopening
operations again;

41. MARINETTE ABARICO and her conspirators did not stop here
though, for they continued, and still continue, to harass me and my staff
from doing our work and accommodating the repair needs of our
customers;

42. To further harass me to surrender and leave the leased premises,

MARINETTE ABARICO resorted to other means, like fabricating charges to
pressure me and my employees to surrender the leased premises to them;

43. A case in point was the 11 August 2017 incident where

MARINETTE ABARICO filed a baseless complaint for Illegal Trespass against
me with the Office of the Barangay Chairman of Barangay Ususan, Taguig
City;
 44. She (Marinette Abarico) alleged that I blocked the entry to her
alleged residence (part of the leased premises) when one of the vehicles
up for repair in our shop parked at the front of her gate;

45. MARINETTE ABARICO accused me of usurping a real property she

allegedly owns; which of course is a fabricated charge and a complete lie,
because it still forms part of the leased premises:

46. In my Counter-Affidavit submitted to the Office of the Barangay

Chairman of Barangay Ususan, I declared that:

a)I presently rent a real property (6140 A. Levi Mariano Ave.,

Barangay Ususan, Taguig City with an approximate area of
400 square meters) owned by Aries and Rebellion Calderon
that houses my motorshop (Aguilar Auto Works);
b)As proof of our Lease Agreement, I am hereto attaching a
photocopy thereof as Annex “1”;
c)As can be readily gleaned from Annex “1”, I have the right to
occupy and possess the real property, subject of Marinet
Abarico’s complaint against me, for a period of ten (10)
years, to be counted from 2015;
d)And for the record, I have been occupying this above-
described real property---and which is the subject matter of
Marinet Abarico’s complaint against me---since 2015 and up
to the present;
e)And my occupancy thereof was only scuttled and disturbed
when Marinet Abarico and her husband, Montano Abarico,
Jr., entered the picture early June 2017, intervened and
forced me to leave the premises; allegedly on their
insistence that they now own the portion owned by Rebellion
Calderon;
f) Montano and Marinet Abarico, despite their being learned
and educated and despite their being government employees
(Marinet is employed with the Land Transportation Office,
Cubao Branch); while Montano Abarico is employed with the
Bureau of Jail Management and Penology, Antipolo City),
threatened and misled me to agree, unfairly though, to swap
Rebellion’s area with an area at the rear portion of the real
property;
g)I, at first, agreed with this, but since they did not fulfil what
they committed and they just conned and fooled me to agree
so that they will be able to possess and fence the portion
owned by Rebellion, I rescinded that Agreement at the Office
of the Barangay Chairman;
h) Hence, that Agreement I supposedly signed has no more
legal or binding effect after I rescinded it;
i) It is therefore not true that she now owns the real property
I am renting from the brothers, Aries and Rebellion Calderon;
j)Even, granting for the sake of argument, that the same had
just recently been subdivided and assigned in her favour, Ms.
Marinette Abarico has to RESPECT AND HONOR my Lease
Agreement with the brothers, Aries and Rebellion Calderon;
k) So, how can I commit an illegal trespass if I am the lawful
occupant of the real property being claimed by Marinet
Abarico?;
l) Aside from the above-stated facts and circumstances, I
submit the following declarations why I did not commit any
illegal trespass against Marinette Abarico:
m)Articles 280 and 281 of the Revised Penal Code specifically
provide that the offender (of Illegal Trespass to Dwelling)
must ENTER a dwelling or fenced estate for this crime to
exist;
n) I never entered any DWELLING;
o) Moreover, BLOCKING AN ENTRANCE is not TRESPASS TO
DWELLING punishable by law;
p) Blocking an entrance is also not one of the acts punished
under Articles 280 and 281 of the Revised Penal Code!;
q) In fact, it was not my vehicle that blocked any entrance;
r) And I was the rightful possessor of that “entrance”, because
I am the legitimate occupant/lessee of that portion of the
real property, being rented by me;
s) So, there is no cause of action against me by Marinet Abarico;
t) Hence, it is clear as day that Marinet Abarico’s accusation
against me is simply FABRICATED and a FIGMENT OF HER
IMAGINATION that will not hold water in any court of law,
because the same has no factual and legal leg to stand on;
u)On the other hand, I was the one deprived of the lawful
possession of the property I am renting from the brothers,
Aries and Rebellion Calderon;
v)“Robbery” because they have apportioned to themselves the
area which I developed as a “Car Wash”, including the
building that I constructed thereon;
w)“Grave Coercion”, because they have forced me to do
something against my will; and
y)“Grave Threats” because they have threatened to kill me if I
did not agree with their intentions;
z)I am executing this Counter-Affidavit for the purpose of
attesting to the truth of the foregoing facts and most
specifically for the purpose of praying for the outright
dismissal of the Illegal Trespass to Dwelling Marinet Abarico
has filed against me;
 aa)I am also executing this Counter-Affidavit for whatever legal
purpose this may serve;
bb)I am therefore praying of this Honorable Office of the
Barangay Chairman to dismiss outright this fabricated charge
for being DEVOID OF ANY MERIT.
cc) AFFIANT FURTHER SAYETH NAUGHT.”

(SGD) Emmanuel Aguilar

Affiant”

47. Of course, the Honorable Chirman of Barangay Ususan dismissed

this criminal complaint MARINETTE ABARICO lodged against me;

48. I would not have anymore pursued filing these ADMINISTRATIVE

and CRIMINAL cases against the SPOUSES MONTANO and MARINETTE
ABARICO with the appropriate government agencies and/or our courts of
law, but the harassment on my person and employees, including my wife,
to pressure me leave the leased premises continues up to this day; and,
these various forms of harassment would not have continued without their
active participation and egging;

49. The foregoing show how the Spouses Montano and Marinette
Abarico abused their power, connection and ascendancy over me, a simple
person doing business just to survive; and I am now asking the Honorable
Office of the Ombudsman to DISMISS both MONTANO and MARINETTE
ABARICO from government service (BJMP and LTO) for violating the law;

50. I am therefore executing this Complaint-Affidavit to attest to the

truth of the foregoing facts and most particularly to file ADMINISTRATIVE
(Grave Misconduct, Conduct Prejudicial to the Best Interest of the Service,
Violation of Office Rules, etc) cases and CRIMINAL cases for Violation of
the provisions of the RRACCS-2017, Violation of RA 6713 (otherwise known
as the “Code of Conduct and Ethical Standards for Public Officials and
Employees”) and Violation of the pertinent provisions of RA 3019
(otherwise known as the “Anti-Graft and Corrupt Practices Act”), as
warranted by evidence, against the SPOUSES MONTANO and MARINETTE
ABARICO, who are residents of Block 3, Lot 12, Robbiesville Subdivision,
Antipolo City and 44-C Gen. Luna Street, Ususan, Taguig City, with the
Honorable Office of the OMBUDSMAN and/or proper government agency
and/or courts of law;

51. I likewise intend to file criminal cases for Estafa, Robbery, Grave
Threats, Grave Coercion, Malicious Mischief, Alteration of Boundaries and
Unjust Vexation against MONTANO ABARICO and MARINETTE ABARICO,
Rebellion Calderon, Dyan Calderon, Aries Calderon, Ivy Calderon and
Voltaire Calderon, with the appropriate forum/a;
 52. I also intend to file a civil case for Specific Performance and
Damages cases against Montano Abarico, Marinette Abarico, Rebellion
Calderon, Dyan Calderon, Aries Calderon, Ivy Calderon and Voltaire
Calderon with our courts of law;

53. For all the unlawful acts committed by the SPOUSES MONTANO
and MARINETTE ABARICO against me, my wife and employees, we have
suffered untold damage and prejudice, sleepless nights, moral anxiety and
besmirched reputation for which we will ask the appropriate tribunal or
court of law for the quantification thereof in the form of monetary award;

54. This Complaint-Affidavit is likewise executed for any legal

purpose this may serve;

55. The allegations in this Complaint-Affidavit have been read and

translated to me in the vernacular dialect (Tagalog) that I am familiar with
and I have fully understood the import thereof.

AFFIANT FURTHER SAYETH NAUGHT

EMMANUEL V. AGUILAR
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME this ___ day of August 2018
in Quezon City, affiant exhibiting to me his Driver’s License No. ______
issued on __________ at ______________.

I hereby certify that I personally examined the affiant and that he

voluntarily executed and understood all the allegations contained in his
affidavit.

Doc. No. ___;

Page No. ___;
Book No. ___;
Series of 2018.
Republic of the Philippines)
Quezon City ) s.s.

AFFIDAVIT

I, MARIBEL AGUILAR, of legal age, married and a resident of No. 20

E. Hermosa Street, Grem Village, San Roque, Pateros, after being sworn
in accordance with law do hereby state, that:

1. I am the wife of Emmanuel Aguilar;

2. I am a living victim and witness to the unlawful acts the SPOUSES

MONTANO and MARINETTE ABARICO had done to my husband (Emmanuel
Aguilar), to his employees and to our family business, including me;

3. On May 24, 2017, the Spouses Abarico went to my husband’s shop

and threatened to kill him if my husband will not surrender and leave the
property we are leasing from the brothers, Rebellion Calderon and Aries
Calderon;

4. My husband sought police intervention when he sensed that his

life was in danger;

5. It was good the policemen quickly came; otherwise something bad

would have happened to my husband;

6. Later, the policemen suggested that they (SPOUSES ABARICO and

my husband) talk in the Office of the Barangay Chairman; to which both
sides agreed;

7. While there, I told my husband to just give concessions to the

Spouses Abarico so we could live peaceably and go on with our business
without any problem or act/s of harassment;

8. I told him to agree to a proposal to transfer the car wash area to

another location at the back portion of the leased premises, on condition
that they will build a similar, if not the same, structure (same sturdy
materials with strong posts supporting it) as the existing one;

9. Although my husband was not agreeable to this idea at first, he

later on gave way to me and agreed with the above-stated condition
attached to it---that the SPOUSES MONTANO and MARINETTE ABARICO will
build a similar, if not the same, structure (same sturdy materials with
strong posts supporting it) as the existing one;

10. They even signed an agreement to effectuate this; so, my

husband surrendered the Car Wash Area to the Spouses Abarico;
 11. But later, the SPOUSES MONTANO and MARINETTE ABARICO did
NOT fulfil their promise; that is, they did not build a similar or same
structure as the Car Wash Area at the back portion of the leased premises;
which made my husband rescind whatever he signed before the Barangay
officials;

12. My husband, however, could no longer retrieve possession of the

original “Car Wash Area” because the same had already been fenced and
gated with a lock;

13. These harassment continued, especially when my husband was

not in the shop;

14. When Marinette Abarico learned that my husband, Noel Aguilar,

was in Palawan, she (Marinette Abarico0 went to our shop;

15. This occurred on 17 June 2017, when Marinette Abarico went

again to the Motor Shop (Aguilar Auto Works) in the guise of talking to my
husband; but when the employees thereat informed her that he was in
Palawan, Marinette started again shouting at the top of her voice that my
husband should leave place because he does not own it;

16. Marinette Abarico took advantage of my husband’s absence; and

confederating and acting in conspiracy with Rebelion Calderon, she told
my staff and employees to take out the vehicles parked inside the “Aguilar
Motor Shop”; but my staff told her that they could not do this without my
approval and/or consent;

17. Marinette Abarico insisted that she and Rebelion Abarico will lock
the main gate leading to my motorshop and even used two (2) Barangay
Tanods as her security escorts; so, my staff called me and requested me
to go to the shop in order to talk with Marinette Abarico;

18. When I arrived thereat, Marinette Abarico, Rebelion and Aries

Calderon instructed me to take out the vehicles inside my motorshop as
they were now going to lock it and use it for themselves;

19. I told Marinette Abarico that she could not do this because my
husband and the brothers Rebellion and Aries Calderon has an existing
Lease Agreement for a period of ten (10) years;

20. But Marinette Abarico did not mind me and continued to shout in
a very loud scandalous voice that we should leave the premises because
we were occupying a property that was not ours; and if we will not
surrender the leased promises to them, something bad will happen to us;
 21. For me, this was the worst act of harassment I ever experienced
in my life, including threats to my life, from an educated person like
Marinette Abarico, especially that she is an employee of the Land
Transportation Office;

22. But I could not do anything because I too feared for my and our
employees safety and also wanted to avoid public scandal; I also feared
that Marinette’s husband (Montano Abarico), a BJMP employee who also
threatened us with danger to life and limb, may just have been in the
vicinity waiting for some signal to attack us;

23. So, with the active help of Rebelion Calderon, they closed the
gate leading to my Motor Shop and thus succeeded in locking said gate;
thereafter, they (Marinette Abarico and Rebelion Calderon) left the
motorshop with the gate locked up as the key thereto was with Marinette
and company ;

24. So, our customers could not take out their vehicles because the
gate (used as ingress and egress) was closed and locked by Marinette
Abarico and Rebelion Calderon; (NOTE: For the record, I am submitting
copies of pictures taken on Marinette Abarico, with her Barangay Tanods
companions, myself and others and make these an integral part hereof as
Annexes “A” and “B”);

25. Until Barangay Chairman Benny Sanidad (Barangay Sta Ana,

Pateros), whose vehicle was likewise trapped inside our motorshop,
arrived;

26. Chairman Sanidad insisted that he be allowed to get his vehicle-

--that was repaired in our motorshop---out; but I told him of what had just
happened;

27. Incensed at what MARINETTE ABARICO and company had just did
in our shop, Chairman Sanidad decided that they go and ask for help at the
Office of the BARANGAY CHAIRMAN of BARANGAY USUSAN, TAGUIC CITY so
I could file a complaint against MARINETTE ABARICO and her conspirators
and also ask for assistance to re-open the gate to my husband’s motorshop;

28. Fortunately, the Barangay Ususan Chairman extended assistance

and helped us reopen the main gate of our motorshop; thus, were they
able to accommodate customers by resuming operations again;

29. Marinette Abarico and her conspirators did not stop here though,
for they continued, and still continue, to harass my husband and staff from
doing our work and accommodating the repair needs of our customers;
 30. To further harass my husband to surrender and leave the leased
premises, Marinette Abarico fabricated charges against him to pressure
him to abandon and leave the leased premises;

31. The 11 August 2017 incident was one of these acts of harassment
against my husband, where Marinette Abarico filed an imagined and
fabricated complaint for Illegal Trespass against him with the Office of the
Barangay Chairman of Barangay Ususan, Taguig City;

32. Marinette Abarico alleged that my husband Noel Aguilar blocked

the entry to her alleged residence when one of the vehicles up for repair
in our shop parked at the front of her newly-constructed gate;

33. So, Marinette Abarico accused my husband of usurping a real

property she allegedly owns; which is a complete lie;

34. I am executing this Affidavit to attest to the truth of the

foregoing facts and most specifically to support the complaint my husband
will be filing against the Spouses Montano and Marinette Abarico;

35. The contents of this affidavit were read and translated to me into
the Pilipino/Tagalog language and I fully understood all the allegations
contained herein;

36. This affidavit is likewise executed for any legal purpose this may
serve.

AFFIANT FURTHER SAYETH NAUGHT.

MARIBEL AGUILAR
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this ___ day of November

2018 in Quezon City, affiant exhibiting to me her Government-issued
ID/Driver’s License No. ______ issued on __________ at ______________.
I hereby certify that I personally examined the affiant and that he
voluntarily executed and understood all the allegations contained in his
affidavit.

Doc. No. ___;

Page No. ___;
Book No. ___;
Series of 2018.
Republic of the Philippines)
Quezon City ) s.s.

AFFIDAVIT

I, JOHN FERSON B. AGUILAR, of legal age and with work address at

AGUILAR AUTO WORKS, Barangay Ususan, Taguig City, after being after
being sworn in accordance with law do hereby state, that:

1. I am employee of AGUILAR AUTO WORKS, owned by Noel Aguilar

and located at Barangay Ususan, Taguig City;

2. Last May 24, 2018, two persons, whom I later came to know as MR.
AND MRS. MONTANO and MARINETTE ABARICO, arrived at the shop owned
by my boss, Noel Aguilar;

3. They created a scene, by shouting invectives at our boss, Noel

Aguilar, and telling him to leave the place because it was not his;

4. Montano Abarico was wearing what I then recognised as a military

uniform, but later came to know that it was a uniform of the Bureau of
Jail Management and Penology (BJMP);

5. Montano went down from his vehicle and, as if waving a firearm,

placed this in his waist with the obvious intent to intimidate my boss, Noel
Aguilar;

6. Marinette Abarico also joined her husband in shouting unprintable

words and invectives at Noel Aguilar;

7. I later was able to take a video of a portion of what the Spouses

Montano and Marinette did to my boss and I am attaching a copy thereof
hereto as Annex “A”;

8. Then, on June 17, 2017, Marinette Abarico suddenly arrived at

the Aguilar Auto Works and, in a very loud and angry manner, she cursed
all of us and was forcing us to leave the place;

9. I also got a cellphone and recorded portions of what Marinette did

together Barangay Tanods who were with her then; and I am attaching
herewith a copy of the video I recorded as Annex “B”;

10. She threatened all of us present that should we not leave the
place, she will lock the gate of the shop;
 11. Since our boss Noel Aguilar was not around then, we called his
wife, Maribel Aguilar, to inform her of what was then happening so that
she will talk to Maribel Aguilar;

12. But, when Maribel arrived, Marinette Abarico simply ignored her
and forced the gate to be closed;

13. She even directed her companions to buy a lock and chain, who
simply did her bidding;

14. And when the person Marinette Abarico ordered to buy the lock
and chain came back, Marinette Abarico and her companions forcibly
locked the gate; in the process detaining us and all vehicles inside the
shop;

15. When the wife of Noel Aguilar, Maribel Aguilar, pleaded with
Marinette Abarico not to do this, she (Marinette) just told Maribel Aguilar
(Noel Aguilar’s wife) that they just talk in the Barangay;

16. The gate was only opened when one of our shop’s customers
(Barangay Chairman Benny Sanidad of Barangay Sta Ana, Pateros) arrived
to get his vehicle that had been repaired in the shop;

17. He asked what happened and how he could get his vehicle out of
the shop since the gate was locked;

18. Maribel Aguilar told him that we could not go out as the main
gate was locked by Marinette Abarico;

19. Since he was also a Barangay Official, he went to the Office of

the Barangay Chairperson of Barangay Ususan who ordered the locked gate
opened;

20. Were it not for Barangay Chairman Sanided’s help, we all would
have remained locked inside the shop of Noel Aguilar;

21. Our boss would not have anymore pursued this case against the
Spouses Montano and Marinette Abarico; but since they and their cohorts
continue to harass and intimidate him, our boss decided to file cases
against them and their conspirators;

22. I am executing this Affidavit to attest to the truth of the

foregoing facts and most specifically to support the complaint my husband
will be filing against the Spouses Montano and Marinette Abarico;
 23. The contents of this affidavit were read and translated to me into
the Pilipino/Tagalog language and I fully understood all the allegations
contained herein;

24. This affidavit is likewise executed for any legal purpose this may
serve.

25. Affiant further sayeth naught.

JOHN FERSON B. AGUILAR

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this ___ day of November

2018 in Quezon City, affiant exhibiting to me his Government-issued
ID/Driver’s License No. ______ issued on __________ at ______________.
I hereby certify that I personally examined the affiant and that he
voluntarily executed and understood all the allegations contained in his
affidavit.

Doc. No. ___;

Page No. ___;
Book No. ___;
Series of 2018.
SUBSCRIBED AND SWORN TO BEFORE ME this ___ day of August 2018 in
Taguig City, affiant exhibiting to me his Driver’s License No. ______ issued
on __________ at ______________.

I hereby certify that I personally examined the affiant and that he

voluntarily executed and understood all the allegations contained in his
affidavit.

Doc. No. ___;

Page No. ___;
Book No. ___;
Series of 2018.
Republic of the Philippines)
City of Taguig ) s.s.

AFFIDAVIT

I, EDILYN G. TRINIDAD, of legal age, single and a resident of

______________, after being sworn in accordance with law, do hereby
depose and state, that:

1.I am an employee of AGUILAR AUTO WORKS as Secretary;

2. On June 17, 2017, MARINETTE AGUILAR arrived at the AGUILAR
AUTO WORKS and in a very loud and angry manner shouted at the top of
her voice that we leave the premises at once because she was going to
lock the gate of the AGUILAR AUTO WORKS;
3.