Republic of the Philippines

MUNICIPAL TRIAL COURT OF ALICIA

Province of Isabela

PEOPLE OF THE PHILIPPINES

Plaintiff

-versus-

CRMINAL CASE NO.

2016-02______

FOR: Threat and Grave Coercion

VICTOR MARON, et al
Accused
x------------------------------------------------x

JUDICIAL AFFIDAVIT OF
MS. MARICON LAGAYAN
I, Maricon Lagayan, of legal age, Filipino, single, with residence and postal
address at Barangay Calaocan, Alicia, Isabela, after having been duly sworn to in
accordance with law, hereby depose and say, that:

PRELIMINARY STATEMENT

The person interrogating me is ATTY. RICHARD A. PADAOAN, with office

address at Cordon, Isabela.

I am answering his questions in English which I understand and fully conscious

that I do so under oath and face criminal liability for false testimony or perjury.

QUESTIONS AND ANSWERS

Q1:

Ms. Witness, you are the authorized representative ISABELA KAGALINGAN

INDUSTRIES, INC. the plaintiff of this case?

A1:

Yes Sir.

Q2:

Do you have evidence to show that you are the duly authorized representative of
ISABELA KAGALINGAN INDUSTRIES, INC.

A2:

Yes sir, the MINUTES OF THE SPECIAL MEETING OF THE BOARDOF

DIRECTORS OF ISABELA KAGALINGAN INDUSTRIES, INC. HELD AT ITS
OFFICE AT PASIG, METRO MANILA ON OCTOBER 28, 2015

Q3:

I am showing you a document purported to be a MINUTES OF THE SPECIAL

MEETING OF THE BOARDOF DIRECTORS OF ISABELA KAGALINGAN
INDUSTRIES, INC. HELD AT ITS OFFICE AT PASIG, METRO MANILA ON
OCTOBER 28, 2015 signed by all of its Board of Directors, what can you say
about the said document?

A3:

That is the minutes that empowered me to sign complaint, petition or motion and
to appear, act for and in behalf of ISABELA KAGALINGAN INDUSTRIES, INC.

Q4:

I am marking this minute as exhibit A and attaching it to your Judicial Affidavit to

form part of it, do you confirm that?

A4:

Yes Sir.

Q5:

Where is the Office of this ISABELA KAGALINGAN INDUSTRIES, INC. located?

A5:

Pasig City, Metro Manila sir.

Q6:

What kind of business does ISABELA KAGALINGAN INDUSTRIES, INC.

engaged into?

A6:

we used to be Logging concessionaire and operate a sawmill, sir.

Q7:

What happened to your business?

A7:

We ceased operation on year 2000 because of the directive from the Department
of Environment and Natural Resources stopping all logging activities in the
country, sir.

Q8:

The lot involved in this case, how was it utilized by your company?

A8:

It was used as log pond for many decades until we ceased operation sometime
in the year 2000, sir;

Q9:

After your operation ceased, what happened to the said parcel of land?

A9:

We converted it into a ricefield, sir;

Q10: Who cultivated your land?

A10: Mr. Clark Baccay, sir;

Q11: Mr. Clark Baccay cultivated it from the time your sawmill operation until now?
A11:

Yes sir;

Q12: Do you have any document to prove that the lot in question is owned by your
company?
A12: Yes sir. The transfer certificate title no. T-35336. issued by the Registry of
Deeds of Ilagan City, Isabela.
Q13: I am showing you a document issued by the Registry of Deeds, Ilagan
City with transfer certificate title no. T-35336. and I am marking this as
exhibit B, this will form part of your Judicial Affidavit. Are you amenable
to that?
A13: yes sir.

Q14: What happened on or about 7:00 oclock in the morning of November 20,2008?
A14: On or about 7:00 oclock in the morning of November 20, 2008 I was then
informed by my care taker CLARK BACCAY that the group of one VIC MARON
entered/cultivated and planted my rice field, sir;

Q15: the group of Mr. Vic Maron entered/cultivated and planted your rice field without
your knowledge?
A15: Yes sir, without my consent and against my will;

Q16: How did you know about the activities undertaken by the group of Mr. Maron?
A16: I was informed by my care taker CLARK BACCAY on the same date.

Q17: Do you know Mr. Vic Maron?

A17: No sir. They just went to my field and made illegal activities therein.

Q18: What did you do when you learned about the activities of Mr. Vic Maron?
A18: I immediately proceeded at said place together with my care taker, sir;

Q19: What was the group of Mr. Vic Maron doing when you arrived at your ricefield?
A19: We saw the group of VICTOR MARON on the act of planting rice at the my rice
field;

Q20: What did Mr. Vic Maron do when you arrived at your ricefield
A20: VIC MARON prevented me while armed with long handed bolo together with his
companion who at that time armed also with shovel prohibited/prevented me to
talk with the farm workers;

Q21: What did you do when the group of Mr. Vic Maron prohibited you in talking with
the farm workers?
A21: I left the aforementioned rice field with fear that something might happen to me
and immediately reported the matter at PNP-Alicia, Isabela for further
investigation;

Q22: What did the PNP Alicia do after you reported the matter? As far as you know?
A12: They went to investigate in the place where my rice field is located, sir;

Q23: How did you know about it?

A23: I went with them, sir;

Q24: Were they able to apprehend Mr. Vic Maron and his group?
A24: Yes sir;

Q25: What were they doing when you and the Police arrived at the scene?
A25: They continued what they were doing when I left them, sir;

Q26: What were they doing when you left them?

A26: They were illegally cultivating and planting at my ricefield, sir;

Q27: Who are those people comprising the group of Mr. Vic Maron?
A27: Mr. Mark Lester Del Rosario, Ms. Deborah Fabros, Ms. Yen Preza, Ms. Shiela
Marie Graganta, Ms. Pamela Talplacido, Ms. Deborah fabros, Ms. Deus Gleena
Q28: How did you know about them?
A28: According to the Joint Affidavit of Arrest by the arresting Police Officers sir.

NO FURTHER QUESTION.

IN WITNESS WHEREOF, I have hereunto set my hand this 5 th. day of February,
2016 at Alicia, Isabela, Philippines.

Maricon Lagayan
Witness

SUBSCRIBED AND SWORN to before me this 5 th. day of January, 2016, affiant
exhibited to me her PhilHealth Identification Card No. 20613 issued by the Philippine
Insurance Health Corporation.

ATTY. RICHARD A. PADAOAN

NOTARY PUBLIC
Cordon, Isabela
PTR No. PGI 4650853/01-02-16/ Alicia, Isabela
IBP No. 82936500/01-02-16/ Isabela Chapter
MCLE Compliance No. IV-00210740/03-05-15
Roll No. 359360

Doc. No. 001 ;

Page No.
42 ;
Book No. 109 ;
Series of 2016.

ATTESTATION

I, ATTY. RICHARD A. PADAOAN, with office address at Cordon, Isabela, attest

under oath as follows:
I personally conducted the interrogation of Ms. Maricaon Lagayan, of Barangay
Calaocan, Alicia, Isabela, witness in CIVIL CASE NO. 2016-05 of MTC, Alicia, Isabela. I
faithfully recorded the questions I asked him and the corresponding answers given and
neither I nor any person coached her regarding her answera.

ATTY. RICHARD A. PADAOAN

Affiant

SUBSCRIBED AND SWORN to before me this 5 th day of February, 2016 at Alicia,

Isabela, Philippines. Affiant exhibited to me his Competent Evidence of Identity
indicated below his name and signature.
NOTARY PUBLIC

Doc. No. 001 ;

Page No.
03 ;
Book No. 100 ;
Series of 2016.

Republic of the Philippines

MUNICIPAL TRIAL COURT OF ALICIA

Province of Isabela

ISABELA KAGALINGAN INDUSTRIES, INC.

Represented by MS. MARICON LAGAYAN,
Plaintiff

-versus-

Crim CASE NO.

2016-02______

FOR: Threat and Grave Coercion

VICTOR MARON, et al
accused
x------------------------------------------------x

PRE-TRIAL BRIEF FOR PLAINTIFF

PLAINTIFF by and through the undersigned counsel, unto this Honorable Court,
most respectfully submits their Pre trial Brief, as follows:

BRIEF STATEMENT OF PLAINTIFFS CAUSE OF ACTION

On or about 7:00 oclock in the morning of November 20, 2008, grave

threat/grave coercion incident took place at Brgy Bagong Sikat, Alicia, Isabela wherein
the group of VIC MARON entered / cultivated and planted rice without the consent and
against the will of the plaintiff who is the lawful owner of the ricefield. The suspects even
threatened the victim while armed with long handed bolo and shovel.

BRIEF STATEMENT OF DEFENDANTS DEFENCE

POSSIBILITY OF AMICABLE SETTLEMENT

Plaintiff is amenable to a just and equitable settlement of the case.

PROPOSED STIPULATION OF FACTS

Plaintiff proposes for admission of the following, to wit;
1.
2.
3.
4.
5.

Identify the Parties;

The Jurisdiction of the Honorable Court;
That the Plaintiff is the lawful owner of the subject parcel of land;
That the Plaintiff had prior physical possession of the parcel of land;
That the defendants entered / cultivated and planted rice without the consent and
against the will of the plaintiff;
6. That the accused threatened the plaintiff while armed with long handed bolo and
shovel.

STATEMENT OF ISSUES
1. Whether or not Plaintiff has a cause of action to charge defendants with Threat
and Grave coercion;
2. Whether or not accused entered / cultivated and planted rice without the consent
and against the will of the plaintiff;
3. Whether or not the actuations of the accused in preventing the plaintiff to talk to
the farm workers while armed with long bolo and shovel constitutes Threat and
Grave Coercion.

NUMBER OF WITNESS AND ABSTRACT OF THEIR TESTIMONIES

The plaintiff through its representative, Ms. Maricaon Lagayan to testify on the
material allegations and at least two (2) more witnesses to substantiate plaintiffs
complaint.

DOCUMENTARY EVIDENCES TO BE PRESENTED

The plaintiff will present the documents attached in its complaint marked as
Exhibits A the minutes of the meeting of the Board of Direstors of Isabela
Kagalingan Industries, Inc authorizing Ms. Maricon Lagayan as its duly representative;
Exhibit B - Transfer Certificate of Title No. TCT No. T-35336 of the Registry of Deeds
of Ilagan City, Isabela. Likewise, other documentary evidences/s which would prove
material and necessary in the course of the trial are respectfully reserved.

APPLICABLE LAWS AND JURISPRUDENCE

Revised Penal Code of the Philippines, The Civil code of the Philippines, and
such other laws and jurisprudence on the matter.

TRIAL DATES
Undersigned counsel shall coordinate with defendants counsel and the
Honorable Court on the available dates of trial during the pre-trial conference.

RESPECTFULLY SUBMITTED.

Alicia, Isabela, February 5, 2015.

ATTY. RICHARD A. PADAOAN

NOTARY PUBLIC
Cordon, Isabela
PTR No. PGI 4650853/01-02-16/ Alicia, Isabela
IBP No. 82936500/01-02-16/ Isabela Chapter
MCLE Compliance No. IV-00210740/03-05-15
Roll No. 359360
Copy furnished:

Atty. No Case