Complaint Affidavit- Rolando Condat

Republic of the Philippines In the City of Naga

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COMPLAINT-AFFIDAVIT I, STEPHEN C. MENDOZA, Filipino, of legal age, married, and a resident of B5 L13, R. Felipe St., Concepcion Grande, Naga City, under oath, states that: 1. I was accused of the felony of Grave Threats  Threats  as defined and penalized by Art. 282 of the Revised Penal Code, in Criminal Cases No. S-4582 and S-4583 before the 7th Municipal Circuit Trial Court of Tigaon, Camarines Sur, both docketed as People of the Philippines vs. Stephen C. Mendoza. Mendoza . Copies of the Informations on the two cases are hereby attached to this Complaint-Affidavit as Annexes "A" and "B", respectively, and made integral part hereof. 2. In a Joint Judgment Judgment by the Honorable Court on the above criminal cases, dated May 22, 2015, by the Honorable Jorge John S. Aganan, I was acquitted of the said charges. The dispositive portion of said  judgment reads: "CRIMINAL CASE NO. S-4582: WHEREFORE, premises considered, accused STEPHEN C. MENDOZA on ground of reasonable doubt, is ACQUITTED of the crime charged in Crim. Case No. S-  4582. SO ORDERED. CRIMINAL CASE NO. S-4583: WHEREFORE, accused STEPHEN C. MENDOZA is also ACQUITTED on ground of reasonable doubt of the crime charged in Crim. Case No. S-4583. SO ORDERED."

Copy of said Judgment is hereby attached to this ComplaintAffidavit as Annex "C" and made integral part hereof.

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3. During the prosecution's presentation of evidence, Prosecution Witness ROLANDO CONDAT Y NABO , Filipino, married, and a resident of Sitio Lubas, Sibaguan, Sagñay, Camarines Sur, knowingly and falsely testified against me committed in the following manner: a. On April 17, 2009, Mr. Condat executed an Affidavit stating facts and events which allegedly transpired on March 21, 2009. In summary, Mr. Condat stated that when my cousin Leopoldo Guillermo "Boyet" Mendoza III went to Sitio Lubas on March 21, 2009, it was only my other cousins Hiram Othelo M. Rogando, and Pethyas P. Mendoza who were with him. My name was never mentioned in the Affidavit. b. However, when he testified on July 4, 2014 during the trial of my cases, he identified and adopted a Judicial-Affidavit dated April 21, 2014 which already implicated me as one of those who accompanied my cousin Boyet. Thus, in his April 20, 2009 Affidavit, he stated: 4. Q:

 A:

At the time you were harvesting, where was Leopoldo Guillermo Mendoza III? He was with Utilo and Pichas Mendoza talking with Salome Buela.

But in his April 21, 2014 Judicial-Affidavit he stated: 5.H:

Kan Marso 21, 2009, nagigiromdoman mo kung nahiling mo sinda?

S:

Iyo po ta pagka-pangudto ko kan aldaw asin oras na yan, nagduman ako sa may harong ni Pelagio Dacillo sa gilid kan tinampo susog sa pasabi sako ni Boyet kan hapon ning Marso 20, 2009.

6.H:

Sisay an naabutan mo kan mag-duman ka, kung igwa man?

S:

Naabutan ko duman sa Boyet, Stephen , Pethyas, saka Utilo saka si ibang kalalakihan na arog ko, pina-apod man ni Boyet.

Copies of both Affidavits are hereby attached to this document as Annexes "D" and "E", respectively, and made integral part hereof.

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d. On July 4, 2014 during the cross-examination of Mr. Condat by my counsel, Atty. Leo Caayao, he admitted in open court that he voluntarily testified against me because he had been given priority by Bong Quillope (private complainant in the twin cases of Grave Threats against me)  to live in the land subject matter of litigation between Mr. Quillope and my cousin Boyet Mendoza, and that he gladly accepted the invitation of Mr. Quillope to execute a Judicial-Affidavit on rebuttal and testify against me. And on October 17, 2014, during the cross-examination of Mr. Samuel Bisco y de los Santos, another prosecution witness, the latter testified in open court that both of them were promised by Bong Quillope that if they testify against me, they will not be included in a criminal complaint for qualified theft. Thus, the transcript of stenographic notes during the July 4, 2014 cross-examination of Rolando Condat and the October 17, 2014 cross-examination of Samuel Bisco reveals: TSN CRIM. CASE NO. S-4582/4583 and S-4588  July 4, 2014 Witness: Rolando Condat Page 7 x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

QUESTION

:And in fact, because of gathering coconut, criminal complaint was filed against you and Pelagio Dacillo, Enio Dacillo, Marvin Hernandez, do you remember that?

 ANSWER

:Yes sir, we were together.

Q

:But you will notice that your name and that of Samuel Bisco, the other witness for sur rebuttal are not included there anymore?

 A

:No sir.

Q

:You were no longer included by Mr. Quillope as respondent in that case for qualified theft because you were convinced to testify against Guillermo "Boyet" Mendoza, Stephen Mendoza, Pethyas  Mendoza and Otelo Mendoza, is that correct? Page 3 of 6

 A

:No sir, I voluntarily offered my testimony.

Q

:And that was the reason why you were not included in the indictment for qualified theft?

 A

:Yes sir,

Q

:Do you know the case for qualified theft was dismissed?

 A

:No sir.

Q

:By the way, also for volunteering to testify against the  Mendoza's and the persons you were in company with, you were allowed by Mr. Quillope to stay in the land which is now litigated between Vicente Ulysses Quillope and Mr. Mendoza?

 A

:I asked permission from Mr. Quillope and he allowed me to live in that place.

Q

:That's why you will recall in that forcible entry case  filed by Mr. Boyet Mendoza against Vicente Ulysses Quillope, when you were asked by the Honorable judge who you respect as landlord; you said your Landlord is  Mr. Vicente Ulysses Quillope?

Page 8  A

:Yes sir.

Q

:Because you had been given the priority of living in the land subject matter of litigation between Mr. Quillope and Mr. Mendoza, you  gladly accepted the invitation of Mr. Quillope that you execute a Judicial Affidavit on rebuttal and testify is that correct?

 A

:Yes sir.

Q

:You did it out of gratitude to him?

 A

:I voluntarily offered my testimony.

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xxxxxxxx TSN CRIM. CASE NO. S-4582/4583 and S-4588 October 17, 2014 Witness: Samuel Bisco Page 4 x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x xxxxxxxxxxx xxxxxxxxxxx xxxxxxxxxxx

Q

:Mr. Bisco were you present when Rolando Condat was asked by Bong Quillope to testify and execute an affidavit against Stephen C. Mendoza and Guillermo Mendoza?

 A

:I was present sir.

Q

:So, you heard Mr. Bong Quillope that aside from being dropped from the accusations he was allowed to stay in the subject land?

 A

:I was there.

Q

:And you heard that promise to Rolando Condat that in exchange for his executing of an afidavit he can stay in the land in question?

 A

:Yes sir.

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Copies of said transcripts of stenographic notes are hereby attached to this Complaint-Affidavit as Annexes "F" and "G" and made integral part hereof. 4. I am executing this Complaint-Affidavit to attest to the truthfulness and veracity of the foregoing statements and for the purpose of filing a criminal complaint against Mr. Rolando Condat Page 5 of 6

y Nabo for the felonies of FALSE TESTIMONY AGAINST A DEFENDANT and PERJURY IN SOLEMN AFFIRMATION as defined and penalized under Art. 180 par. 4 and Art. 183, respectively, of the Revised Penal Code, should probable cause be found by the Honorable Investigating Prosecutor. IN  WITNESS WHEREOF,

I have hereunto set my hand this  ______ day of June 2017 at Naga City, Philippines

STEPHEN C. MENDOZA

Affiant/Complainant Govt issued ID: ___________ Valid Until:_______________

SUBSCRIBED AND SWORN to before me this _______ day of April 2017 at ____________________, Philippines, affiant having shown to me his ID and further avowed that the foregoing statements are based on his own personal knowledge and that the same is his free and voluntary act and deed.

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