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REPUBLIC OF THE PHILIPPINES

Department of Justice
Office of the City Prosecutor
Mandaue City, Cebu

BRIGIDO P. PIANG,
Complainant,

-versus- For: Direct Assault, and


Grave Threats

DALING BACLOHAN and


MARSHA YONGCO,
Respondent.

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JUDICIAL AFFIDAVIT COMPLAINT

The following QUESTIONS were propounded by Atty.


August Lizer Malate in the English language which were
explained and translated in Cebuano dialect to the affiants
which they fully understood, while the ANSWERS were made
by the witness in the Cebuano dialect and herein translated to
the English language.

Q1. Mr. BRIGIDO P. PIANG, you are hereby informed that the
statement is taken from you in connection with the case for
DIRECT ASSAULT committed by a certain DALING
BACLOHAN and MARSHA YONGCO on June 4, 2017 B.
Ceniza St., Mandaue City. Do you swear to tell the truth, the
whole truth and nothing but the truth in the statements that
you are about to declare?
A: Yes.

Q2. State your name, age, address and occupation.


A: I am __, __ years old and residing at __. I am working for
the City Government of Mandaue as Demolition Team under
the City Legal Office.

Q3. Do you know the lawyer who conducted your direct


examination and his address?
A. Yes sir. It is Atty. August Lizer Malate and my direct
examination was conducted at Mandaue City Legal Office.

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Q4. Are you aware and fully conscious that in answering the
questions propounded that you are under oath and may face
criminal liability for perjury?
A: Yes, I am aware and fully conscious that in answering
the questions propounded I am under oath and may face
criminal liability for perjury.

Q5. What is the nature of your occupation?


A. I am working for the City Government of Mandaue, under
the City Legal Office Anti-Squatting Team and tasked to
enforce SP Ordinance No. 14-2017-1158.

Q6. How long have you been working as part of such Task
Force?
A. I have been working as part of the Anti-Squatting Team
since _ and have an effective appointment until June 30,
2017.

Q7. What proof do you have of your appointment under the


City Legal Office Anti-Squatting Team?
A: I have here a copy of my appointment duly signed by the
City Mayor of Mandaue City.

Atty. Malate: We are marking this document as our Exhibit .

Q8. What are your functions under the City Legal Office Anti-
Squatting Team?
A: We _____

Q9. Do you know the respondents in this case?


A: Yes sir.

Q10. Under what circumstance do you know respondent


Baclohan and Yongco?
A: They are fish vendors occupying the sidewalk/street at B.
Ceniza St. near Colonnade Store, which obstructs the
pedestrian and vehicle traffic.

Q11. Where were you on June 4, 2017?


A: I together with the Anti-Squatting Team patrolled the
area at B. Ceniza St. maintaining the area so that no person
will use the street and notifying vendors occupying the streets
and sidewalks, including respondents.

Q12. So the respondents were selling on the streets, correct?


A: Yes.

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Q13. What did you do when you saw them vending at B.
Ceniza St.?
A: We told them not to use the street or the sidewalks in
selling their products otherwise they may be apprehended.

Q14. How did they respond to your announcement?


A: They ignored us and just transferred to another area but
still utilizing the streets and sidewalk.

Q15. What did you do after respondents ignored your


announcement?
A: We notified them again but still they ignored and defied
us and continued selling on the streets so we apprehended
them and confiscated their products placing it in our patrol
car.

Q16. What did respondents do after your apprehended them


and confiscated their products?
A: Respondent Baclohan got hold of weapon, approached
me while I was at the back of our patrol car and struck me 2-3
times.

Q17. Can you describe the weapon that she used?


A: It was a 2-foot long, 2 by 3, coconut lumber.

Q18. When respondent Baclohan struck you with the


cocolumber, what part of your body was hit?
A: Respondent Baclohan was intending to hit my lower body
but I was able to deflect her hits using my left arm so I had
injuries in my left arm.

Q19. Do you have proof of the injuries on your left arm?


A: Yes. I have pictures showing fresh bruises on my left arm
and a medical certificate indicating therein _____

Atty. Malate: We are marking this as our Exhibit .

Q20. After striking you with a cocolumber, what else did


respondent Baclohan do, if any?
A: Seeing that I was able to deflect her attacks, she got of a
wooden crate and started throwing it at me several times.

Q21. How about the other respondent, Yongco, what was her
participation in the incident.

Q22. She backed Baclohan and also threw the wooden box
crate to me hitting me a few times.

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Q23. After their attacks, what happened next?
A: Mrs. Baclohan was not content so she got hold of a knife
used for cutting lechon, and attempted to use it against me.

Q24. Was she able to use it to attack you?


A: No. She was held by other bystanders in the area and
fortunately we were able to move our patrol car.

Q25. What else happened next after respondents attacked


you?
A: I, Johnber General, was threatened by respondent
Baclohan.

Q26. How were you threatened?


A: Respondent Baclohan shouted to us _______

Q27. What did you do after that incident?


A. I immediately went to the Mandaue City Police Station 1
at A. Soriano St., Brgy. Centro Mandue City to report the
incident.

Q28. What proof do you have of said report?


A: I have here a copy of the Police Report ____.
Atty. Malate: We are marking this as our Exhibit .

Q29. What is your purpose in executing this Judicial Affidavit


Complaint?

A: I am executing Judicial Affidavit Complaint to support


the filing of a case against DALING BACLOHAN and
MARSHA YONGCO for Direct Assaul and Grave Threats.

Atty. Malate: That is all for now Mr. Piang. Thank you.

IN WITNESS WHEREOF, I have hereunto affixed our


signatures this ____ day of _______ 2017 at the City of
Mandaue, Philippines.

BRIGIDO P. PIANG
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of

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______ 2017 at the City of Mandaue, Philippines, affiant
exhibiting to me his competent proof of identity with ID No.
________.

Doc. No. _____;


Page No. _____;
Book No. _____;
Series of 2017

Republic of the Philippines ) s. c.


City of Mandaue )
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ATTESTATION

I, Atty. AUGUST LIZER MALATE, of legal age, Filipino of


the City Legal Office Mandaue City, after having been sworn to
in accordance with law do hereby depose and state:

1. I am the lawyer who conducted and supervised the


direct examination of Private Complainant, BRIGIDO P.
PIANG, in relation to the execution of the foregoing judicial
affidavit;

2. The execution of the foregoing judicial affidavit was


made at Mandaue City Hall, Brgy. Centro, Mandaue City;

3. I faithfully recorded the questions asked and the


answer the said witness gave me;

4. Neither did I or other person then present or assisting


the witness coach him regarding his answers to the questions
propounded;

5. I have executed this affidavit to attest the veracity of


the foregoing facts and for whatever legal purpose it may
serve.

IN WITNESS WHEREOF, I have hereunto affixed my


signature this ______ day of ________ 2017 at the City of
Mandaue, Philippines.

Atty. AUGUST LIZER MALATE

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Affiant

SUBSCRIBED AND SWORN to before me this ____ day of


_______ 2017 at the City of Mandaue, Philippines affiant
exhibiting to me his IBP No. 63914 issued at Cebu City

Doc. No. _____;


Page No. _____;
Book No. _____;
Series of 2017