Republic of the Philippines

Department of Justice
PROVINCIAL PROSECUTOR OFFICE OF BOHOL
City of Tagbilaran
HILARIO FLORES
AND APULEYO FLORES,
Plaintiffs,
-

Versus -

NPS No. VII-02-INV-15G-00387

For:
VIOL OF SEC. 5, R.A. 8048
(Illegal Cutting of Coconut Trees)

ELVIEH S. SARMIENTO
ENGR KIM BAGALACSA
GENESIS DUHAY LUNGSOD
ENGR CASEY ARABACA
Accused
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ANSWER
COMES NOW, the undersigned Accused of the above-entitled case
hereby filed this Answer to this Honorable Office, and most respectfully
states:
1.

That the Accused Elvieh Sarmiento is the consultant of Panglao

Bay Resort ACA MODALA located at Doljo, Panglao, Bohol and the
other three (3) accused are only hired Engrs and Drivers of the
owner of the said parcel of land, by virtue of the DEED OF
ABSOLUTE SALE OF A PORTION OF A PARCEL OF LAND containing an
area of SIX HUNDRED (600) SQUARE METERS, more or less covered
by TD No. 2008-33-0005-00072 under Lot No. 8-C Identical to Lot 9)
portion sold designated as lot No. 8709-A and duly signed by
HILARIO FLORES AS VENDOR and the VENDEE is MANUEL S.
MENDOZA, and being witness with his two (2) daughters MARINA
FLORES ESTRELLA and her husband SANCHO ESTRELLA AND
VICTORIA FLORES, and being notarized by Notary Public Atty Raul
Barbarona last February 01, 2012 and enter his notarial book per
Doc. No. 067; Page No. 28; Book No. XXIII and Series of 2012, and
the Document is hereto attached at Annex A and made integral
part of this answer;

2. That the above-named accused denied all the allegations stated in

the complaints that are all fabricated and false accusation;
3. That the truth of the facts that the lot question by the plaintiffs is
including of our proposed project which to commence this year and
we have to cause our pre-cautionary measure of SAFETY FIRST
and the coconut trees are hazardous/harmful of the proposed
project;
4. That the accused are not illegally cut the coconut trees and in fact
they are applying at PHILIPPINE COCONUT AUTHORITIES, either ball
out the coconut and/or transfer to our other lots but the PCA
inspected the site and the coconut trees counting to ONE HUNDRED
(100) coconut trees are affected on the SITE DEVELOPMENT
PLAN/PROPOSED PROJECT thats why the owner Manuel Mendoza

advise thru his consultant Elvieh Sarmiento to secured from PCA the
Permits to cut based on the counted numbers of coconut trees, and
the permits were issued from PCA, the CERTIFICATION FROM THE
PCA, is hereto attached Annex B and made integral part of this
answer;
5. That the alleged Nine (9) fruit bearing coconut trees stated in the
complaints are part of that lot sold by Hilario Flores , hence, the
100 pcs coconut trees are being affected on the SITE DEVELOPMENT
PROJECT;
6. That the above-named accused are all aware of all the RULES AND
REGULATIONS mandated by law and they cannot be disregarded or
revoke without securing any permits from the Local and National
Offices because it is one of the biggest project in Panglao and the
owner are aware all the consequences because they are also a
Developer/Contractor in Asia.

PRAYER
IN VIEW OF THE FOREGOING, it is most respectfully prayed of this
Honorable Office that
The above- instant case be DISMISSED for lack of merit and substantial
evidence.
August 10, 2015, at Tagbilaran City, Bohol.

ELVIEH SARMIENTO
Respondent