Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

11th Judicial Region
Tagum City, Davao del Norte

THE PEOPLE OF THE PHILIPPINES,

Plaintiff,
CRIM. CASE NO. 30866-16
- versus -
FOR: GRAVE COERCION

RONIE L. CAILING AND JOHNY R.

CARO,
Accused.
________________________________________________________________________

JUDICIAL AFFIDAVIT
________________________________________________________________________

The following is the sworn statement of ELEUTERIO P. DIAZ, of legal age, Filipino,
married and a resident of Purok 6, Salvacion, Panabo City, Davao del Norte, Philippines,
taken by ATTY. NUMERIANO P. GALGO, JR. at his office at Rizal Street, Tagum City,
Davao del Norte, Philippines.

1. Q: Is the taking of this statement under oath voluntary?

A: Yes sir.

2. Q: Do you know that if you lie, you will be sued for False Testimony or Perjury?
A: Yes sir.

3. Q: What was your work on May 29, 2016, if any?

A: I was the Security Supervisor of Lapanday Foods Corporation (LFC).

4. Q: Where was your area of assignment at that time?

A: Hijo Coop B or HARBCO B, Madaum, Tagum City.

5. Q: How long had you been a Security Supervisor?

A: Since April 2015 until September 2016.

6. Q: What were your duties as such?

A: I supervised the security guards assigned at Hijo Coop B. I relayed to the guards the
instructions coming from the management pertaining to the security of the area and banana
plants therein. I gave orders to the security guards to implement the instructions of the
management.

7. Q: Can you recall what happened on May 29, 2016 in relation to this case?
A: Yes, I can recall.

8. Q: What happened on that day?

A: At about 4:00 a.m. or 5:00 a.m., I assembled some of the security guards at the area
near the Madaum Public Cemetery. I relayed to them the urgent instructions of the
management to padlock the gate near the cemetery and to secure its perimeters.

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9.) Q: Why was there a need to padlock the gate and secure the perimeter area?
A: Because the members of the GMARBAI group forcibly removed the padlock of the
gate and unlawfully entered the area contracted to LFC. That area was exclusively managed
and planted by the latter with Cavendish bananas.

10.) Q: Why did you say that the members of GMARBAI unlawfully entered the area?
A: Based on what I knew then, GMARBAI was the “NO” group that separated from
the original group of agrarian reform beneficiaries who contracted their lands with LFC.
To assert their claims, GMARBAI members entered the area without the consent of LFC
and despite the existence of the banana growership agreement.

11.) Q: When did the GMARBAI members forcibly enter the area?
A: Sometime in April 2016, if I’m not mistaken.

12.) Q: Why did LFC management decide to padlock the gate and secure the area only on
May 29, 2016?
A: I do not really know. I just followed orders. There was someone higher than me.

13.) Q: What other instructions did you give to the security guards?
A: I told them to observe the “no contact policy” and observe maximum tolerance. The
goals were only to padlock the gate and secure the perimeter area.

14.) Q: What does “no contact policy” mean?

A: It means that no arrest or physical contact should be made in case there were people
in the contested area.

15.) Q: What happened next?

A: After the briefing, the group of Ronnie Cailing went to secure the perimeter area
while the group of Johny Caro went to padlock the gate. I went with the group of Johny
Caro.

16.) Q: What happened next?

A: I saw Johny Caro and his group proceeded to padlock the gate but they were seen by
the members of GMARBAI and civilians who were nearby. The latter threw stones, bottles
and anything they could towards Johny Caro and his group. Despite that, the gate was
padlocked.

17.) Q: What did Johny Caro do after the gate was padlocked?
A: He ran to the canal near the gate to take cover.

18.) Q: Where were you at that time?

A: I was also taking cover in the same canal for my safety. I was about five or seven
meters away from him.

19.) Q: If any, who were with Johny Caro at the time that he hid in the canal?
A: Jerome Amulata, Edgardo B. Macul and Julie Bermudez. They also hid in the canal
for their safety because of the stones being thrown.

20.) Q: What happened next?

A: We kept hiding in the canal because the people kept throwing big stones at us.
Bermudez, Amulata and Macul, kept shouting the words, “Ayaw mo pangbato kay naa mi
diri! Basin ma igo mi ninyo.” (Do not throw stones at us because we are here! You might
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hit us.) Thereafter, the throwing of stones stopped. Then, Bermudez, Amulata and Macul
normally stood up and went out of the canal. They were not threatened, coerced or detained
by anybody.

21.) Q: What happened next?

A: Tagum City police officers arrived. Then the people outside the gate destroyed the
padlock and the police officers came in and cordoned the area.

22.) Q: What can you say about the present case?

A: This was filed to pressure LFC to give in to the demands of GMARBAI and to
threaten the ordinary security guards. There was no grave coercion. The accused just
followed the lawful orders because the area was under the contract with LFC.

23.) Q: Do you confirm that all you said here is true?

A: Yes sir.

IN WITNESS WHEREOF, I have signed this Judicial Affidavit on March 8, 2019

in Tagum City, Davao del Norte, Philippines.

ELEUTERIO P. DIAZ
Affiant

SUBSCRIBED AND SWORN TO this March 8, 2019 in Tagum City, Davao del Norte,
Philippines. Affiant personally appeared before me with Prof. Driver’s License No. L02-
98-126803 as competent proof of his identity as the person executing this Judicial
Affidavit.

Doc. No. ___;

Page No. ___;
Book No. ___;
Series of 2019.
ATTESTATION

I, ATTY. NUMERIANO P. GALGO, JR. of legal age, Filipino, married, and a resident of
Tagum City hereby swear that I am the one who personally conducted the foregoing
examination of ELEUTERIO P. DIAZ and declare that: I have faithfully caused to be
recorded the questions I have asked and the corresponding answers of the affiant as
contained in this Judicial Affidavit; and I have neither coached nor was there any person
who coached or assisted the affiant in answering the questions propounded upon him.

ATTY. NUMERIANO P. GALGO, JR.

Notary Public until December 31, 2020
Roll No. 53267; TIN: 266-299-414
IBP OR No. 054187; 11-03-18 (CY 2019)
PTR No. 2472505; 1-03-19; Tagum City
MCLE Compliance No. VI-0001209; 02-26-16 Pasig City
attygalgojr@yahoo.com

SUBSCRIBED AND SWORN TO this March 8, 2019 in Tagum City, Davao del Norte,
Philippines. Affiant personally appeared before me and is personally known to me to be
the same person executing the Attestation.

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Doc. No. ___;
Page No. ___;
Book No. ___;
Series of 2019.

Copy furnished by LBC due to distance and time constraints.

Atty. Jaime M. Lopoz, Jr.

Lopoz, Adin, Yap & Galvez Law Firm
3rd Floor, AMPC Green Bldg.
Corner N. Torres St. & P. Urduja Extension
Bo. Obrero, Davao City

RR: ___________; Date: ____________