Republic of the Philippines

OFFICE OF THE PROVINCIAL PROSECUTOR

Bontoc

Related to: Not Related I.S. No. 001

I.S No. 001
Prosecutor ATTY. Ali Baba Prosecutor ATTY. Ali Baba
Date Filed January 14, 2019

MEMO OF PRELIMINARY INVESTIGATION

COMPLAINANT/S: RESPONDENT/S
1. Nancy Polyo 1. Police Corporal David Silly

Address: Calutit, Bontoc Mountain

Address: Calutit,Bontoc Mountain 2. Police Master Seargent Pandi Coco
Province
Adress: Eyeb, Bontoc Mountain Province

CHARGE: Sexual Assault

Place of Commission
Community Court in Bontoc Mountain Province

Date: January 13, 2019 Time: 8: 54 PM (Use back hereof for add,
accused) Witness:
Name Address
Kim Polyo Guinzadan MT. Province
Analyn Polyo Kalinga MT. Province

NOTE:1. Has a similar complaint been filed before any other office? (YES OR NO)
2. Is this complaint in the manner of a counter-affidavit? No (YES OR NO)
3. Are all the above information true and correct? YES (YES OR NO)

THE ABOVE SHOULD BE FILLED UP BY COMPLAINANT OR COUNSEL

Investigation on: January 13, 2019 Postpone to January 16. 2019

On relation of: Sexual Assault

Nancy Polyo
(Signature of complainant or counsel)
TAKE NOTE: Sufficient copies of the affidavit
*********************************************

Of complainant and witnesses and other ACTION TAKEN:

Supporting document should be submitted.
Degay, Reagan

Investigation Prosecutor

IMPORTANT!

A complainant shall be required to file his complaint in the form of an affidavit

to which must be appended affidavit of witnesses, annexes and other supporting
documents. The statements of the complainant and his witnesses, shall be, far as
practicable, be sworn to before the investigating Prosecutor. If sworn before any Officer
authorized to administer oaths, the administering Officer shall CERTIFY THAT HE
HAS PERSONALLY EXAMINED THE AFFIANT AND THAT HE VOLUNTARILY
EXECUTED AND UNDERSTOOD HIS AFFIDAVIT.

Late resolution given to Stenographer

Police Master Sergeant Pandi Coco Mr. Ethyl Love

Investigating Prosecutor Stenographer

Department of the Philippines

DEPARTMENT OF JUSTICE
National Prosecution Service
OFFICE OF THE PROVINCIAL PROSECUTOR
Bontoc Mountain Province
Hall of Justice

RURAL BANK OF BONTOC NPS DOCKET NO. X-10-INV-14G-

00413 FOR: QUALIFIED THEFT THRU
FALSIFI-
Complainant; CATION OF PUBLIC/PRIVATE
reply-affidavit…………..pg. 1 of 3
 DOCUMENTS

-versus-

KATHERINE SAN JUAN y

BELANO NISSA MAQUILING y
EROY JEANN LAWAT y ABELLA
Respondents.
/ /

REPUBLIC OF THE PHILIPPINES )

BONTOC MOUNTAIN PROVICE )
S.S. MUNICIPALITY OF BONTOC )

REPLY-
AFFIDAVIT
(Re. 22 October 2014 Counter-
Affidavit of Respondent Nissa E.
Maquiling)

COMES NOW COMPLAINANT, represented by the undersigned Bank Manager,

of legal age, Filipino, single and with residence address at c/o Rural Bank of
Bontoc
(Mountain Provinve),unto this Honorable Provincial Prosecutor, most
respectfully alleges, in Reply to the Counter- Affidavit of Respondent Nissa E.
Maquling, copy of which was actually received on 24 October 2014 through
courier LBC, that:

1) Conspiracy of the Respondent Nissa E. Maquiling is supported by

evidence and that absence of due diligence on the part of Respondent
Nissa E. Maquiling to deter the occurrence of losses due to the acts of
her subordinate Respondent Katherine Jane B. San Juan (then Teller)
having knowledge of the same is clearly an act of conspiring;

2) Needless to state that Respondent Nissa E. Maquiling has knowledge

of the anomalies of Respondent Katherine Jane B. San Juan when
she allowed on 29 October 2013 the use of a pre-signed withdrawal
slip to hide or conceal unaccounted amount or shortage;

3) Even if the use of a pre-signed withdrawal slip had the permission by

the account holder/s as alleged by Respondent Nissa E. Maquiling
cannot erase the illegal act she committed;

4) The letter of authorization from Flora Talam was belatedly made and
submitted after there was already a charge against Respondents
Nissa E. Maquiling, Jeann A. Lawat and Katherine Jane B. San Juan
and worst of it after the act of allowing to use a pre-signed withdrawal
slip had by this time transpired;

reply-affidavit…………..pg. 2 of 3
 5) The letter of authorization of one Flora M. Talam was dated 08 October
2014 but was subscribed and sworn only on 17 October 2014 before
Repondent Nissa Maquiling’s counsel Atty. Annemarie Acosta-Quiros
recorded as Doc. No. 315; Page No. 63; Book No. 8 and Series of 2014
in her (Atty. Quiros) Notarial Register ;

6) Respondent Nissa E. Maquiling was not forced to pay the

P70,000.00 and that there was previous admission from her that she
was the one who have used or benefited the amount, which admission
gave the legal ground for the Complainant to demand payment of the
same. In addition, if and when she was not at fault then, she should
not allow herself to pay the amount;

7) That subsequent payment of Respondent Nissa E. Maquiling won’t

obliterate her criminal liability. In Aurora Tamayo vs. People of the
Philippines and Heirs of Pedro Sotto, G.R. No. 174698, July 28, 2008;
the Court ruled that; “xxx, subsequent payments of the accused does
not obliterate criminal liability”

AND SO, given and based on the above facts, most reputable witnesses,
and overwhelming evidences duly presented, it is respectfully prayed of the
Honorable Provincial Prosecutor that Respondent Nissa E. Maquiling together
with the other Respondents above-mentioned be held liable for Qualified Theft
thru Falsification of Public/Private Documents.

27 October 2014 at Bontoc Mountain Province, Philippines.

CATHERINE D. DAGAYLOAN
Affiant
For the Complainant Rural Bank
of Bontoc

SUBSCRIBED AND SWORN, to before me on the date and place first-

above written, affiant declaring under oath that all the allegations in the
foregoing Reply- Affidavit are all true and correct. I hereby certify that I have
personally examined the affiant and I am satisfied that she voluntarily
executed and understood all the contents hereof.

Doc. No. ; ATTY DEGAY, REAGAN

Page No. ; Notary Public
Book No. ; Bontoc Mountain Province

Series of 2014 Roll No. 19302-IBP No. 268337

My commission expires on Dec. 31, 2015

reply-affidavit…………..pg. 3 of 3
Explanation:

Filing in Provincial Prosecutor Office and service to the adverse

counsel are done thru registered mail due to distance and impracticability of
personal service.

CATHERINE D. DAGAYLOAN

Copy furnished:

Atty. Annemarie Acosta-

Quiros Counsel for
Respondents

Bontoc, Mountain
Province
 Republic of the
Philippines
Department of
Justice
NATIONAL PROSECUTION
SERVICE OFFICE OF THE
PROVINCIAL
PROSECUTOR
MountainProvi
nce

PEOPLE OF THE PHILIPPINES,

Complainant,

‐versus‐ NPS NO. VIII‐09d‐INV‐110‐

00230

ERICSON ACOSTA,
For: ILLEGAL
POSSESSION OF
Accused EXPLOSIVES

Accused
x‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
‐‐x

COUNTER
AFFIDAVIT

I, ERICSON ACOSTA, of legal age, married, and a resident of eyeb, Bontoc

Mountain Province, after being duly sworn in accordance with law, hereby depose and
state that:

1. I am a Freelance Journalist doing research on Human Rights violations and the

protection of the environment in Bontoc for the Alliance of Concerned Samareños (ACOS) an
Copies of some of my Research Works and Articles are hereto attached.

2. On February 13, 2011, having just completed my research task the previous day, I
left the village center of Barangay Samoki, Bontoc at a little past 9 o’ clock in the morning,
and headed for what the barrio folk call their “port” – an unmarked quay by the river which
was less than an hour’s walk via mountain trail, where a pump boat was scheduled to pick
me up at the said place and bring me to Talubin

3. I was joined by Vicente Dacles, the Barangay Secretary, and several other residents
of samoki who were all going to town as well for some business.

4. Dacles was at the head of our pack, followed closely by myself, while the rest, who
were mostly women and children, were falling behind by at least a hundred meters.

5. At around 10:00 am, as we were just some 200 meters away from our destination,
we caught sight of a platoon of soldiers who motioned us (Dacles and myself) to stop. I at
once noticed that the soldiers were resting and cooking by the left side of the trail.

6. One of them approached us alertly and asked where we came from and where we
were going. Dacles said that we came from the village and that a pump boat was waiting for
us nearby as we were headed for town.

7. The soldier then inquired if we knew where they could fetch water. Dacles
turned around and pointed to an area somewhere, and gave the soldier brief directions on
how to get there. He even added that if it became difficult to locate, the soldier could just ask
the rest of our company who were lagging behind. The soldier then told us to carry on, and
so we did.

8. Barely a minute after we had started walking again, another group of soldiers
(this time merely a team) had appeared in front of us. One soldier asked the same
questions – where did we come from? Where were we going? Dacles simply repeated
the answers he gave earlier.

9. Dacles also told the soldier that we had already passed through the main body of
the platoon and had in fact given the soldiers there directions where to get drinking water.
The soldier told us we can go.

10. But just as we were turning our backs to him, the soldier again ordered us to
halt. He was intently eyeing the mini‐knapsack that I was carrying. He said: “Ano ‘yang
nasa bag mo?”
 11. Before I could even reply, the soldier, in brisk movements, had un‐slung the
knapsack from my shoulders and had zipped it open. It was my computer notebook and
some other complimentary gadgets he found inside my mini‐knapsack.

12. The soldier was quite surprised by what he saw. “Nasa bundok ka tapos may
laptop ka?” the soldier said.

13. The soldier and his team led us quickly back to where the main body of the
platoon was. There the soldiers took turns doing body search on me. They emptied my
pockets and my sling pouch; they checked my sides, ran their hands through every part of
my body and lifted the hem of my shirt up to my neck looking for concealed weapons. They
did not find any.

14. One soldier handed me my computer and told me to turn it on. I told them that
the batteries had already drained out. I pressed the power button to show them that the
computer won’t boot. But another soldier scolded me for pressing the button saying that I
might have consciously and slyly triggered the computer to self‐destruct.

15. Then the soldiers, five to seven of them at a time, started to harangue me almost
in unison, with raised voices and intermittent invectives and threats. They said: “NPA ka!
Mataas siguro ranggo mo kaya ka may laptop! Mag‐ingat ka sa mga kilos mo baka makatikim
ka! Huwag kang tumakbo! Ayusin mo ang mga sagot mo kung ayaw mong masaktan!”

16. I tried to explain to them that I was doing research in the area but whatever
I said was drowned it seemed by their intense excitement to badger and harass me.

17. Lucero then asked if it were legally possible to hand me back to the military as he
had a few hours earlier been briefed by the colonel that the 8th ID was willing to take me in
under some special custodial arrangements. It was here that I decided to intervene. I made
sure that my voice was loud and clear for all the employees in that big office to hear. I stood
up and said that the idea was highly irregular and definitely illegal. I then drew their
attention towards the colonel and his men by pointing at their group while saying that these
men in civilian clothes were the soldiers and officers who illegally arrested me and are now
my complainants, and I would never allow them to take me into custody.

18. I heard a lady employee remark, “Ah, mga sundalo pala sila!” and I saw the
approving, sympathetic glances and gestures of some of the employees. Then one employee
told Lucero that I could not be brought back to the military and the best alternative was to
bring me to the sub‐provincial jail.

19. Then I said, in the same loud and clear voice that someone should tell Lucero that
I’m entitled to a phone call, a right that the San Jorge PNP deprived of me despite my pleas
and despite the very critical situation that my family was in faraway Metro Manila. Another
employee told Lucero that, yes, the San Jorge PNP should have allowed me to call my family.
The employee, sensing that I still had more issues to present, told Lucero to bring me to the
Public Attorney’s Office (PAO).

20. At the PAO, I mentioned to one of the lawyers that I might need the service of one
of their attorneys especially because I have yet to contact my family and my private lawyer
thanks to the police and the military’s complete disregard of my rights. The colonel, as if
trying to wash his hands, stood up and announced that he’s willing to let me use his phone. I
said OK, so the colonel and I left the PAO and went outside the Hall of Justice.

21. Outside the Hall of Justice, the colonel gave me his phone and I was able to
contact my mother. But just as I was giving my mother the details of my situation, the
colonel told me to end the call. He took his phone and left with his men.

22. After this the San Jorge policemen brought me to the sub‐provincial jail
where I was remitted around 1:30 p.m.

23. I later learned that a Complaint for Illegal Possession of Explosives was filed
against me before the Regional Trial Court of Calbayog City at 10:30 a.m. of February 16,
2011 or seventy two (72) hours and thirty (30) minutes after my arrest on February 13, 2011
at 10:00 a.m.

24. I vehemently deny that “the hand grenade” was confiscated in my possession or
under my control, but was in truth only planted by the military who arrested me.

25. In my arrest and continued detention, my constitutional and human rights were
violated. To summarize:

a. I was arrested without warrant while not committing any crime or doing anything
illegal;
b. I was not informed of the reason for my arrest at the time of my arrest;
c. I was denied the right to counsel;
d. I was denied a phone call and prevented from contacting my family or my lawyer;
e. I was subjected to prolonged interrogation for 44 hours;
 f. During tactical interrogation, I was physically and psychologically tortured;
g. I was deprived of sleep, threatened, intimidated, coerced and forced to admit
membership in the NPA;
h. The evidence against me, “the grenade”, was planted;
i. The complaint against me was filed in court only after 72 hours and 30
minutes after my arrest; and,
j. I was detained in a military camp, which is not of civilian jurisdiction.

k. This Counter Affidavit is being executed to attest to the truth of all the
foregoing facts and events and to disclaim all the accusations against me.

IN WITNESS WHEREOF, I have hereunto affixed my signature on this 11 th day

of April, 2011 at Calbayog City.

ERICSON ACOSTA (sgd.)

Affiant

SUBSCRIBED AND SWORN to before me this 11th day of April, 2011 at

Bontoc.

I hereby CERTIFY that I have personally examined the affiant and that I am
satisfied that he has voluntarily executed and understood his Counter‐Affidavit.

AGUSTIN M. AVALON (sgd.)

Asst. Prov. Prosecutor

Republic of the Philippines

Department of Justice

National Prosecution Service

OFFICE OF THE PROVINCIAL PROSECUTOR

BONTOC

AFFIDAVIT OF DESISTANCE

WE, ROSE VINEGAR and PRESCA TUNA, Filipinos, of legal ages, husband and wife, respectively, and
residents of Calutit, Bontoc Mountain Province after having been duly sworn to in accordance with law,
depose and state:

1. We are the private complainant in a criminal case for Reckless Imprudence Resulting to Damage to
Property against SILVER SWAN at the Office of the Provincial Prosecutor, Bontoc.

2. In this regard, the accused has already paid the damage to our vehicle;

3. In view of the payment by the accused and considering that PRESCA TUNA was not injured, we would
like to manifest that we now completely and absolutely exonerate the accused from any liability in
connection with the above-mentioned criminal case and that we are no longer interested, and we
hereby desist, in prosecuting the said criminal case;

4. As such, we respectfully pray that the aforementioned case against SILVER SWAN be withdrawn
and/or dismissed.
IN WITNESS WHEREOF, we have hereunto set our hands this 14 th of January 2021 in Bontoc Mountain
Province, Philippines.

ROSE VINEGAR

Affiant

Issued at: Bontoc, Mountain Province

Issued on: Janury 14, 2021

PRESCA TUNA

Affiant

Issued at: Bontoc, Mountain Province

Issued on: January 14, 2021

SUBCRIBED AND SWORN TO before me this 14 th of January 2021 in Bontoc Mountain Province,
Philippines, affiants exhibits to me their valid proofs of identification.