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REPUBLIC OF THE PHILIPPINES }

CITY OF NAGA}

AFFIDAVIT

1. I, BELINDA AALA VILLAREAL, of legal age, married, Filipino, and resident of Brgy.
Iyagan, Baao, Camarines Sur after being sworn in accordance with law, do hereby depose and
state that:

2. I am the sister of EMEREC AALA Y BINGOA who is charged with the crime of
CARNAPPING pending before the Office of the Provincial Prosecutor of Camarines Sur,
Camarines Sur Hall of Justice, City of Naga, docketed under NPS No. V-10-INV-18L-01198;

3. Orlando Pellas and I lived exclusively with each other as husband and wife for 13 years starting
2015 without the benefit of a marriage but are not capacitated to marry each other as both of us
has an existing or prior marriage which has not been annulled or declared void;

4. On September 2016, we separated due to irreconcilable differences and physical abuse of


Orlando Pellas. On September 2017, Orlando Pellas and I get back together to give our
relationship a second chance. At first, he said that he purchased the motorcycle and its fully
paid without any obligation. Weeks after, he is already asking money from me to pay for the
amortization and informed me that he acquired the motorcycle from Motortrade Tigaon Branch
with the arrangement that it will be registered in the name of Abner Cortez;

5. I verify the information from Abner Cortez which he admitted. In fact Abner Cortez told me to
religiously pay the amortization to maintain his good credit line with Motortrade;

6. On September 2018, I assumed the obligation and started paying the monthly amortization of
the motorcycle amounting to Php 1,889.00 due every 25th of the month with a penalty of
Php400.00 for delayed payment. For every payment, Motortrade issue an official receipt in the
name of Abner Cortez and made me sign in the conforme to show proof that I personally made
the payment. I furnish Abner Cortez a photocopy of the receipts as proof of my payment. With
the exception for the month of January 2018, wherein I gave the cash to Orlando Pellas to
tender the payment to Motortrade. I likewise pay for the repair of the subject motorcycle as
evidenced by Official Receipts issued by Motortrade;

7. However, on August 2018, I finally decided to end our relationship. He does not provide the
needs of the family. Worst, I fear for my life and welfare of my children because of his attitude.
He posted on Facebook malicious imputation against my father and my daughter in first
marriage, who is still minor at that time. It’s an accumulation of physical, emotional and
psychological abuse that made me decide to end my relationship with him;

8. I told Orlando Pellas to return the payment I made for the motorcycle to sustain the needs of
our children. He ignored my plea and forcibly took the motorcycle and fled;

9. On September 2018, I infomed Abner Cortez that Orlando Pellas and I are no longer together
and plea for his help to convinced private complainant to return the payment deposit I made;

10. On November 13, 2018, I informed my brother Emerec Aala that I will attend the Lupon in
Brgy. San Vicente, Ocampo, Camarines Sur pertaining to the case which I filed against Orlando
Pellas for malicious imputation against the honor and reputation of my father and daughter. I
gave him the key of the subject motorcycle and instructed him to get it in the Barangay Hall of
Brgy. San Vicente and turn-over the same to Barangay Captain Manuel Catapang of Brgy.
Iyagan, Baao, Camarines Sur and request for Barangay Blotter;

11. Right after the Lupon, I made a phone call to Cortez and told him I instructed my brother to
bring the subject motorcycle in Barangay Hall of Brgy. Iyagan for Orlando Pellas to settle the
issue on payment. Similarly, I informed Orlando Pellas who is sitting in front of me of what I
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did. Without a word, he left the Barangay Hall of San Vicente. I also proceeded to Barangay
Hall of Iyagan in the belief that Orlando Pellas will finally take heed of my plea;

12. When I arrived in the Barangay Hall of Iyagan, I saw Emerec Aala, Alma Atian and the
motorcycle. Pellas arrived but he never talked to me and instead asked for a barangay blotter
then left;

13. That the sole reason for depositing the motorcycle in the custody of Barangay Hall of Brgy.
Iyagan is for Pellas to return the payment deposit I made. The motorcycle remained in the
custody of Brgy. Hall of Iyagan until December 10, 2018. Barangay Captain Catapang
informed me that police officers are there to picked-up the motorcycle and turned it over to
Orlando Pellas.

14. Orlando Pellas is in possession of the subject motorcycle and has not returned a single centavo
to me;

15. I have caused the execution of the foregoing affidavit and do hereby attest to the truth of the
declaration therein.

BELINDA AALA VILLAREAL


Affiant

SUBSCRIBED AND SWORN TO before me this 24th day of January 2019 at Naga City,
Philippines. I hereby certify that I have personally examined the affiant, and am satisfied that he
voluntarily executed and understood this Counter-Affidavit.

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