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REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
QUEZON CITY

JULIAN MORDEN TALLANO,


Represented by Mario T. Papa,
Complainants,
I.S. No. XV-03-INV-11G-05190
FOR: MALICIOUS MISCHIEF
– versus –

ROLLY LIWAG,
Respondent.
x-------------------------------------------x

COUNTER-AFFIDAVIT

I, ROLLY LIWAG y LEBAG of legal age, married with address at 12-F Gateway Garden

Ridge Condominium, EDSA, Barangay Ilaya, Mandaluyong City, after having been duly sworn in

accordance with law, hereby depose and say:

1. I am a former Overseas Filipino Worker with Philippine Passport No. XX3587912, who

has worked in the Middle East since 1978 and had just retired last June 30, 2010, copy of

which passport as Annex “1” is made an integral part hereof;

2. I am the same person also known as “ORLANDO” or “ROLANDO” LIWAG y LEBAG, as

certified by VICE CONSUL GERMINIA V. AGUILAR-USUDAN and entered in the Registry of

the Embassy of the Philippines, stationed in Abu Dhabi, United Arab Emirates as

Certificate No. 0048-2000, a copy of which certification as Annex “2” is made an integral

part hereof;

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3. I am the attorney-in-fact of ZAIDA LIWAG y VILIRAN and ROLAND LIWAG y VILIRAN; who

are my children, copies of their respective Special Powers of Attorney and Birth

Certificates as Annex “3” to “3-1” and “4” to “4-1” are made an integral part hereof;

4. My daughter, ZAIDA LIWAG y VILIRAN, single, Filipino, holder of Philippine Passport No.

XX4764514 is the registered and absolute owner in fee simple of a certain parcel of land

denominated as Lot 1 Block 8 of (LRC) Pcs-13474, situated along Congressional Avenue

Extension, Barangay Culiat, Quezon City, containing an area of “Four Hundred Seventy Six

Square Meters (476 sq.m.),” more or less, and which is more particularly described in

“Transfer Certificate of Title No. N-265460” of the Registry of Deeds of Quezon City,

copies of such passport and title as Annex “5” and “5-1” are made integral parts hereof;

5. My son, ROLAND LIWAG y VILIRAN, single, Filipino, holder of Philippine Passport No.

EB0721254 is the registered and absolute owner in fee simple of a certain parcel of land

denominated as Lot 2 Block 8 of (LRC) Pcs-13474, situated along Congressional Avenue

Extension, Barangay Culiat, Quezon City, containing an area of “Four Hundred Fifty Three

Square Meters (453 sq.m.),” more or less, and which is more particularly described in

“Transfer Certificate of Title No. N-265459” of the Registry of Deeds of Quezon City,

copies of such passport and title as Annex “6” and “6-1” are made integral parts hereof;

6. Both parcels of land were formerly owned by my mother, SALUD L. LIWAG, who bought

the above-described real property from JOSE ERNESTO GONZALEZ on June 21, 1990,

copies of such “Deeds of Absolute Sale” as Annex “7” and “7-1” are made integral parts

hereof;

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7. Consequently, “Transfer Certificate of Titles No. N-217606” and “Transfer Certificate of

Titles No. N-217607” were issued under the name of SALUD L. LIWAG, copies of such

titles as Annex “8” and “8-1” are made integral parts hereof;

8. On March 12, 2004 SALUD L. LIWAG, donated the aforementioned parcels of land to

ZAIDA LIWAG y VILIRAN and ROLAND LIWAG y VILIRAN, copies of such “Deeds of

Donation” as Annex “9” and “9-1” are made integral parts hereof;

9. My son and daughter intended to build a commercial building over the lots so that their

earnings from working abroad will not go to waste; that being the true, registered and

absolute owners of the subject property, we have been religiously and regularly paying

the right amount of taxes imposed by the government, copies of such “Real Property

Assessment Record,” “Real Property Tax Bill,” and “Tax Declaration of Real Property” as

Annex “10” and “10-1” to “12” and “12-1” are made integral parts hereof;

10. There is no truth to the charges being levelled at me for the statements of the

Complainant MARIO T. PAPA are full of lies and meant to prop up and strengthen the

fabricated charges, for the reason that on March 4, 2011, I applied for a Clearance

Permit from BARANGAY CULIAT which has jurisdiction over the parcel of land to

construct a two-storey commercial building, appropriately, BARANGAY CHAIRMAN JAIME

GARCIA, issued a certification stating therein that their “office interposes no objection to

the proposed two (2) storey commercial building,” copy of which certification as Annex

“13” is made an integral part hereof;

11. Immediately I applied for a building permit for the construction of the two-storey

commercial building at Quezon City Hall, so I had the lot prepared for the construction

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materials and instructed my helpers to clean-up the area in anticipation for the

upcoming construction, to commence after issuance of the permit;

12. On April 4, 2011, during the clean-up, my helpers discovered that there was a fence

made up of concrete posts and barbed wires, clandestinely erected on the property with

the intention of enclosing it permanently without our consent;

13. In order to prevent the threatened unlawful invasion and usurpation and to protect the

proprietary or possessory rights of my children, I reported the matter to Barangay Culiat

and was informed by a certain MRS. BABY LIM that ATTY. HOMOBONO ADAZA instructed

that construction materials be dumped on the property, so I immediately informed ATTY.

ADAZA that I represent the legitimate and lawful owners of the property, but Atty. Adaza

retorted that what I had was a fake title, copy of which “Barangay Blotter” as Annex

“14” is made an integral part hereof;

14. Due to the continuous disturbance of possession, I was constrained by legitimate

necessity to report the matter to the LAND REGISTRATION AUTHORITY, however, quite

alarming were the documents given to me by the LRA INVESTIGATIVE SECTION-TASK

FORCE TITULONG MALINIS finding that the “TALLANO-MADRIGAL-ACOP GROUP is one of

the PROFESSIONAL SQUATTERS and SQUATTING SYNDICATES preying on hard-up Filipinos

in need of shelter,” as reported in a MANILA DAILY BULLETIN article dated December 16,

2001, entitled “President orders drive on squatters” and “LRA Report: Task Force TM No.

99-0151,” copies of such news clipping and report as Annex “15” and “15-1” are made

integral parts hereof;

15. I was also cautioned that this group is attempting to rewrite the history of the

Philippines through their incredible and preposterous assertions of ownership over the

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entire archipelago, in a COURT OF APPEALS decision entitled “REPUBLIC V. RTC PASAY

CITY,” docketed as CA-G.R. SP Nos. 70014 and 104604 that has finally adjudged that “the

heirs, agents, privies or anyone acting for and in behalf of JM TALLANO be enjoined from

representing or exercising any acts of possession/ownership or from disposing in any

manner, portions of the land covered by alleged TCT No. 408, TCT No. T-408, and TCT No.

T-498,” since the aforementioned Transfer Certificates of Title are likewise declared NULL

and VOID, copy of the decision as Annex “16” is made an integral part hereof.

16. From the above narration and from the allegations in the complaint itself, it is clear that

there was NO MALICIOUS MISCHIEF COMMITTED. The allegations of the complainant

are untrue and malicious, stemming from Complainant’s ill intent to obviously harass me

and my children, motivated by evil desire to intrude into the property with a “squatter

and land grabber mind,” as well as to persecute and ridicule the legitimacy of realty

ownership. For indeed, all my life, I have never been known to be a violent person since I

abhor violence in any form.

17. There is NEITHER LEGAL NOR FACTUAL BASIS for the criminal complaint for malicious

mischief filed by the Complainant against me. Thus, the instant criminal complaint

should be DISMISSED, for LACK OF MERIT.

18. To this end, I reiterate my strong denial of the malicious and unfair accusation and all

allegation of wrong doing against anyone, and will assert my INNOCENCE in any forum

and will seek justice for this wrong against my person and that of my family in the proper

forum under the laws of our country. That I am prepared to cooperate and establish my

INNOCENCE of any violation of law which was allegedly committed, and that I reiterate

that I am ABSOLUTELY INNOCENT of any criminal offense.

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19. Respondent reserves the right to file SUPPLEMENTAL and REJOINDER AFFIDAVIT.

20. Further, the respondent respectfully prays for such and other reliefs as may be deemed

just and equitable under the law and the premises.

August 24, 2011, Quezon City, Philippines.

ORLANDO L. LIWAG

Affiant

SUBSCRIBED AND SWORN to before me this 24th day of August 2011 at Quezon City,

Philippines.

I further certify that I have personally examined the affiant and I am convinced and

satisfied that he voluntarily executed, understood and read his statements and that he freely

and voluntarily made the allegations herein and therein and affirmed the same to be facts, true

and correct.

_______________________________________________

Administering Officer/Prosecutor