REPUBLIC OF THE PHILIPPINES )

PROVINCE OF SOUTH COTABATO) S.S.

CITY
OF
KORONADAL )
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AFFIDAVIT of COMPLAINT
I, RICARDO P. MALAGA, Filipino, of legal age, single and a resident of Brgy. Tina, Tacurong
City, Phlippines, after having been duly sworn to in accordance with law, hereby depose and say THAT:

1.

I stand as the complainant against the hereunder named persons, as follows:

a) Mr. Renato Panes---- Sitio Balisan, Brgy. Palo 19, Tampakan, South Cotabato
b)Mr. Anampa---------- Army Detachment , Tapakan, South Cotabato
c) Brgy. Kag. Balisi -------Balisan, Brgy. Palo 19, Tampakan, South Cotabato
d)Brgy. Kag. Magbato -Balisan, Brgy. Palo 19, Tampakan, South Cotabato
e) Brgy. Capt. A. Garcia-Balisan, Brgy. Palo 19, Tampakan, South Cotabato
f) Mr. Gorgonio Jamez --Sitio Balisan, Brgy. Palo 19, Tampakan, South Cotabato
g)Gorgonio Jemmy--Sitio Balisan, Brgy. Palo 19, Tampakan, South Cotabato
h)Mr. Jelbiro--Sitio Balisan, Brgy. Palo 19, Tampakan, South Cotabato
i) Mr. Lito Soroysoroy--Sitio Balisan, Brgy. Palo 19, Tampakan, South Cotabato
j) Mr. Edmar Bayore--Sitio Balisan, Brgy. Palo 19, Tampakan, South Cotabato
k)Mr. Dave Polistico--Sitio Balisan, Brgy. Palo 19, Tampakan, South Cotabato
l) Mr. Eric Panes--Sitio Balisan, Brgy. Palo 19, Tampakan, South Cotabato
m) Mr. Richard Mondejar--Sitio Balisan, Brgy. Palo 19, Tampakan, South Cotabato
n)Some members of TANOD & CAFGU--Brgy. Palo 19, Tampakan, South Cotabato

2.

On April 21, 2008 at around 12:00 oclock noon, more or less, while I was in the kitchen
inside the house of my employer MR. RUEL GILLIGAN located Purok Spring, Sitio
Balisan, Brgy. Palo 19, Tampakan, South Cotabato, we were surprised when three (3)
persons known as Mr. Renato Panes, sitio leader; MR. ANAMPA, army officer and a
certain member of CAFGU, fully equipped with firearms, forcibly pushed the gate and
entered inside our compound without our consent and against our will;

3.

I noticed MR. RUEL GILLIGAN walked out of the table from eating and confronted them.
I heard him saying Unsay ato? meaning What do you want? however without any
respect MR. RENATO PANES shouted him Naa diri si MANOY?, suspect na sya sa
pagtanom og marijuana, amo syang dal-on sa sitio Hall for investigation meaning Is
Manoy around? He is a suspect in planting marijuana,we will bring him to Sitio Hall for
investigation;

4.

An exchange of hated words regarding the legality of their search and entrance prompted
me to show up in their presence and, without much ado, MR. ANAMPA and RENATO
PANES came near to me and suddenly grabbed my arms and tightly got hold of me despite
my strong resistance;

5.

Against my will and without reasonable ground, I was forcibly taken to ride in their single
motorcycle known as Habal2x . We moved down to Sitio hall while RUEL GILLIGAN
followed us by riding his horse;

6.

In the Sitio Hall, I was threatened by them fronting the firearm of Mr. Anampa and was
asked by Mr. Renato Panes if I am the owner of the marijuana planted in the area of Brgy.
Kacog, Koronadal City, but I strongly denied it, but still then, I was compelled to accept
said ownership against my will;

7.

In the meantime, I noticed more or less ten (10) persons latter on known to me as
GORGONIO JAMEZ, GORGONIO JEMMY, MR. JELBIRO, some members of
TANODS, LITO SOROYSOROY, EDMAR BAYORE, DAVE POLISTICO & ERIC
PANES headed by MR.RICHARD MONDEJAR were instructed by MR. RENATO
PANES to get and bring the hills of marijuana plants. They walked together away from us;

8.

After one (1) hour and thirty (30) minutes of waiting in Sitio Hall, finally they arrived with
already a bunch of uprooted marijuana plants in their positions and I saw in my two eyes
that the same were handed over to MR. RENATO PANES;

9.

After placing the said marijuana plants in the sack, with force and intimidation, I was
compelled again to go to the house of Brgy. Kagawad ABERT BALISI, more or less thirty
(30) minute ride from Sitio Hall. His house is adjacent to the Brgy. Hall of Palo 19,
Tampakan, South Cotabato;

10.

It was already 3:00 oclock in the afternoon when we arrived in the said house of Brgy.
Kagawad ABERT BALISI in order to see and talk to Brgy. CAPTAIN ALEXANDER
GARCIA who was then not around when we arrived;

11.

Since the said Captain was not around, MR. ANAMPA, MR. RENATO PANES, BRGY.
KAG. BALISI & MAGBATO and others unknown to me were drinking two (2) longnick
of Tanduay. In deed, I was forced by them to drink one (1) glass of Tanduay Rhum;

12.

After three (3) hours of waiting, somebody appeared and informed the group that Brgy.
CAPTAIN ALEXANDER GARCIA has just arrived. We went then to his house;

13.

I was personally interrogated by Brgy. CAPTAIN ALEXANDER GARCIA. He wanted me

to accept that I am the owner and planter of the marijuana and when I denied I was boxed
twice hitting my right eye and my lower jaw. I cried and beg him not to beat me anymore
and further said to him that I have no parents to protect and take care of me if I am injured;

14.

Being so frustrated, I was turned over to a drunk MR. ANAMPA who brought me to the
ARMY detachment. This time, my employer was already barred to accompany me in going
inside;

15.

There and then again, I was mauled, kicked and boxed hitting the different parts of my
body. It was MR. ANAMPA and some others in the Detachment who were responsible for
beating me. What I really shouted and cried was when somebody hit my ribs with his
armalite rifle and kicked it with his combat shoes;

16.

In the following morning of April 22, 2008 at around 7:00 a.m., five (5) men in uniform
appearing to be a police officers, arrived and after talking to MR. ANAMPA, I was turned
over to them and brought to the Municipal Police Station of Tampakan, South Cotabato;

17.

I was detained in jail of the said Police Station and in the following morning my mother
arrived and at 10:30 a.m.. In the company of my mother, I was brought to the Regional
Office of PDEA, General Santos City;

18.

From the time I was forcibly taken by Mr. Panes and Anampa at Purok Spring, Sitio
Balisan, Brgy. Palo 19, Tampakan, South Cotabato until I was detained under PDEA,
General Santos City, I have been suffering body pain due to beating and mauling;
In deed, my sister Viloleta Malaga-Sinsano was the one begging and requesting the Office
of PDEA to have my medical check up but my urgent plea was never granted;

19.
20.

For more than three (3) months in jail, I suffered the pain and trauma away from my family
until one day, I was not able to carry on, thus, I was hospitalized for almost one (1) week at
General Santos City Hospital;

21.

I was not able to follow the advise of Dr. Daniel Donasco, Jr for Cranial CT Scan and for
my referral to Psychiatrist as my mother has no more money to pay for it;

22.

Had it not for the unlawful, malicious and felonious acts of the mentioned persons, I should
have not been suffering trauma and body pain;

23.

The act of entering our house against our will and the act of arresting me without valid
ground by the three persons named MR. RENATO PANES, sitio leader, MR. ANAMPA,
an army officer and a certain CAFGU member, are acts penalized under the Revised Penal
Code for qualified trespass to dwelling, unlawful arrest, violation of domicile and illegal
detention;

24.

The physical injuries I sustained as consequences to my unlawful arrest is also a crime

punishable under the Revised Penal Code for physical injuries;

25.

The act of compelling to accept that I am the owner of marijuana plants against my will by
means of violence, threats or intimidation and threatening by inflicting harms on my person
are respectively crimes of grave coercion and grave threats;

26.

In further support of my necessary course of legal action, copies of affidavit of my witness

and other important documents are hereto-attached as Annexes;

27.

I execute this complaint-affidavit to attest to the truth of the above foregoing facts and to
support my complaint against all the persons mentioned in paragraph one (1) herein and to
pray humbly unto this Honorable Office to immediately conduct the preliminary
investigation for appropriate cases against them.

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of August 2008 at
Koronadal City.

RICARDO P. MALAGA
Affiant
SUBSCRIBED and SWORN TO before me this ______ day of August 2008 at Koronadal City.
I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND I AM
SATISFIED THAT HE SUBMITTED VOLUNTARILY AND UNDERSTOOD THE SAME.