REPUBLIC OF THE PHILIPPINES)

PARANAQUE CITY )S.S.

COMPLAINT-AFFIDAVIT
I, CRISANTO D. TOMALE, SR., of legal age, Filipino, married, and a
resident of c/o Magdalena Belo, Napoleon Compound, San Isidro, Paranaque
City, under oath, hereby depose and state that:

1. I am charging the following persons (respondents) of the crimes of

grave coercion, and illegal detention, defined and penalized under Articles 267
and 286 of the Revised Penal Code, to wit:

(a) Lamberto O. Peña, of legal age, Filipino, unknown civil status and
with office address at Manila Memorial Park, 2283 Pasong Tamo Extension,
Makati City or Manila Memorial Park, San Isidro, Sucat Paranaque.

(b) Reynold Aman, of legal age, Filipino, unknown civil status and with
office address at at Manila Memorial Park, 2283 Pasong Tamo Extension, Makati
City or Manila Memorial Park, San Isidro, Sucat Paranaque.

(c) Five John Does, five unknown respondents who took actual
participation in the demolition of our house.

2. The said crimes were committed as follows:

(a) I am the owner and legitimate occupant of a concrete house

located at Napoleon Compound, San Isidro, Paranaque City, consisting of 180
sq. meters with a value of P200,000.00.

(b) I was allowed to build the house by the owner of the said land to
reside therein in 1965 by Purificacion Ongaco Vda.a De Garcia as the caretaker
of the land and her animals. After her death, her children inherited the property
until her son, Napoleon Garcia leased a portion of the land to me for P2,800.00
per month in 1970. (A picture of the house is attached herewith as Annex “A”.)

(c) Sometime in 2011, Manila Memorial Park allegedly acquired the

land and it evicted the residents without any court order.

(d) Manila Memorial Park relocated the residents to the side of the land
but to my surprise, it did not relocate my son and me.

(e) Since I my son and I have no place to go, we did not vacate our
house and the subject land and I continued to reside in my house.

(f) In 2011, Manila Memorial Park, through respondents Pena and

Aman constructed a concrete fence with steel gate that prevented us from
coming in and getting out of our house from 7:00 p.m. to 6:00 a.m. (A picture of
the fence and gate are attached herewith as Annexes “B” to “B- “.)

(g) Because of the steel fence, we were not able to go out of our house
had we had to climb out to get out of our house. (Pictures of my family climbing
out of the steel fence to get out of our house and my appeal letter to Manila
Memorial Park are attached herewith as Annexes “C” to “C- “.)

1
 (h) On December 1, 2011, without any court order, and while I was out
of our house, respondents Pena, Aman, and five other persons, whose identities
are still unknown, came and demolished our house. (Pictures of our demolished
house are attached herewith as Annexes “D” and “D-1”.)

(i) Respondents Pena and Aman ordered the five unknown

respondents to actually demolish our shouse.

(j) The conspiracy among the respondents was shown in their unity of
purpose, action and interest. They all came at the same time, each knew what to
do and each knew their role: Respondents Pena and Aman actually ordered the
other respondents while the latter took actual participation.

(k) Upon learning of the incident, I filed a complaint against

respondents in the Lupon Tagapamayapa of Barangay San Isidro. (A copy of my
complaint and Notices of Hearing are attached herewith as Annex “E” and “E- “,
respectively.)

9. When respondents Peña and Aman demolished my house, without

any court order, on the ground that Manila Memorial Park is the owner thereof,
they committed the crime of grave coercion, defined and penalized under Art.
286 of the Revised Penal Code.

10. When respondents Peña and Aman constructed a concrete fence

that detained us inside our house from 7:00 p.m. to 6:00 a.m., they committed
the crime of serious illegal detention, defined and penalized under Art. 267 of the
Revised Penal Code.

11. A copy of my REKLAMO is attached herewith as Annex “H”.)

12. I am executing this affidavit to attest to the truth of the foregoing

allegations.

IN WITNESS WHEREOF, I have hereunto affix my signature this ____

day of February 2014 in Paranaque City.

CRISANTO D. TOMALE, SR.

SUBSCRIBED AND SWORN TO before me this _______ day of February

2014 in Paranaque City. I hereby certify that I have personally examined affiant
and I am satisfied that he understood the contents of his affidavit and he freely
executed the same.

ASSISTANT CITY PROSECUTOR