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Republic of the Philippines OFFICE OF THE PROVINCIAL PROSECUTOR Hall of Justice Carig, Tuguegarao City People of the Philippines

__________ Plaintiff, -versusFOR: Criminal Case No.

VIOLATION OF R.A. 9147 OTHERWISE KNOWN AS WILDLIFE RESOURCES AND CONSERVATION ACT

DELFIN ARUGAY ROVEROS AND JAYSON C. LIM, Accused. x------------------------------------------x

AFFIDAVIT-COMPLAINT
The undersigned is the Community Environment and Natural Resources Officer of CENRO Alcala, Cagayan, after having been duly sworn to in accordance with law, accuses DELFIN A. ROVEROS and JASON C. LIM for violation of Republic Act No. 9147 (Chapter IV, Section 27. Illegal Acts. Unless otherwise allowed in accordance with this Act, it shall be unlawful for any person to wilfully and knowingly exploit wildlife resources and their habitats, or undertake the following acts; (f) collecting, hunting or possessing wildlife, their by-products and derivatives) and was committed as follows;
That on September 8, 2009, the Chief of the Protected Area and Wildlife Division (PAWD) and at the same time the Team Leader of the Regional Eagle Watch Team Region 02 in the person of Ms. Restituta V. Antolin, received an information from a Staff of the Municipal Environment and Natural Resources (MENRO), Baggao Cagayan, that a certain Delfin Arugay Roveros, a resident of Barangay Asinga-via, Baggao, Cagayan, had captured Philippine Eagle through a snare trap at Mount Alaman within the vicinity of Sitio Hot Spring, Asinga-via, Baggao, Cagayan on September 1, 2009 ( please see attached pictures taken);
1.

That on September 8, 2009, Forester I, Dionicio Deundo of the Protected Area and Wildlife Division (PAWD) Region 02, Tuguegarao City, coordinated with Dr. Urio Dayag of the Provincial Veterinary Office of Cagayan and sought after her services to assess the Eagles condition and apply first aide treatment, the Office of Conservation International (CI), a non-government organization, the Municipal Mayor of Baggao, Cagayan and the Municipal Environment and Natural Resource Officer of Baggao, Cagayan in the conduct of retrieval operation of the Eagle captured by Mr. Delfin A. Roveros ( please see attached Affidavit of Forester I, Dionisio C. Deundos,);
2.

That on September 11, 2009, the group of Forester Deundo went to Barangay Asinga-via, Baggao Cagayan and requested to Mr. Roveros to surrender the said Eagle under his possession and
3. 1

explained to him the possible consequences and legal implications of having in possession a critically endangered species; That when Mr. Roveros was requested to surrender to DENR authorities the captured Philippine Eagle, he turned a blind eye to it, but instead, insisted his demand of a reward for capturing a Philippine Eagle;
4.

That after an hour of negotiation, the group was dismayed when Mr. Delfin Roveros refused to surrender the eagle and contemplated that he be given a reward of Ten Thousand Pesos (10,000.00) in capturing the same. The convincing powers of the DENR Authorities, the Barangay Captain of the place, the Municipal Environment and Natural Resources Officer and Dr. Lirio Dayag, a Veterinary Officer from the Provincial Veterinary Office (PVO) of Cagayan proved to be futile and fruitless, and instead, he even reacted and said that he is willing to appear before any authority once being called rather than surrendering the eagle without any incentive he could received; 6. That, on September 13, 2009, Forester Deundo received a text message from Jhonny B. Columna of MENRO Baggao, Cagayan and informed him that, the Philippine Eagle died in the possession and custody of Mr. Jayson C. Lim of San Jose, Baggao, Cagayan;
5.

That on September 19, 2009, Restituta V. Antolin, Chief of the Protected Area and Wildlife Division (PAWD), Foresters Dionisio C. Deundo, Cecilia Luzuriaga and Jovencio C. Payba and representatives from the DENR Legal Division, represented by Mr. Ferdinand C. Urata and Melchor S. Casibang, went to San Jose, Baggao, Cagayan to retrieve the carcass of the Philippine Eagle;
7.

That the carcass of the Philippine Eagle was taken-out in a bird cage located within the premises of a Gasoline Station owned by Mr. Jayson C. Lim located at San Jose, Baggao, Cagayan;
8.

That Mr. Deundo positively identified the dead Philippine Eagle as the one captured by Mr. Delfin A. Roveros, as he had personal knowledge about it, when they went to Barangay AsingaVia, Baggao, Cagayan on September 11, 2009 to negotiate the surrender of the same to DENR authorities.
9.

Contrary to law.

VERIFICATION
I, MARLON C. AGNAR, CENR Officer of CENRO Alcala, Cagayan, subscribed under oath, hereby depose and state that:

I have read the foregoing complaint and the allegations therein are true and correct as to my own knowledge and belief/or based on authentic record on hand. I attest to the authenticity of the annexes thereof.

MARLON C. AGNAR

CERTIFICATION
This is to certify that a preliminary investigation has been conducted in the above entitled case and that on the basis of the evidence presented there is a reasonable ground to believe that the offense charged has been committed and the accused is probably guilty thereof. AMADOR T. ARAO Provincial Prosecutor

SUBSCRIBED AND SWORN to before me this ____________ day of ______________, 2010, by JOVITO B. LAYUGAN, offended party.

AMADOR T. ARAO Provincial Prosecutor WITNESSES:

DIONISIO C. DEUNDO Forester I

RESTITUTA V. ANTOLIN Chief, PAWD/Regional Eagle Watch Team 02 Team Leader JHONNY B. COLUMNA Municipal Environment and Natural Officer- Municipality of Baggao, Cagayan

CECILIA LUZURIAGA Forester I