REPUBLIC OF THE PHILIPPINES

Department of Justice
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Cagayan de Oro City, Philippines

FERNANDO N. DAUG, NPS. NO. _____________

In his personal capacity and Complainant,

As Barangay Captain on behalf of

BRGY. MAMBUAYA,
CAGAYAN DE ORO CITY

FOR: QUALIFIED
THEFT
And UNJUST VEXATION
- versus -

ARLENE N.LUNA, MILBA S.

OMANDAM, ANNABELLE O.
CABUGSA, LUCIANA C. AMBUT,
ROWENA C. ABAYON, JAMES
BAGONGON, EUSEBIO BALUYOS
Respondent,
X---------------------- /

AFFIDAVIT-COMPLAINT

I, FERNANDO N. DAUG, of legal age, married, Filipino,

and with address at Mambuaya, Cagayan de Oro City ,after
having been sworn to in accordance with law do hereby
depose and say:

1. That I am the incumbent Punong Barangay of

Mambuaya, Cagayan de Oro City, and I am filing this
complaint both in my personal capacity and on
behalf of the Brgy. of Mambuaya as Punong
Barangay;

2. That respondents are all residents of barangay

Mambuaya, Cagayan de Oro City;

3. That the Barangay Government of Mambuaya,

Cagayan de Oro City, formerly known as Municipal
District of Mambuay, known also before as Sitio
Mambuaya, Brgy. Lumbia, Cagayan de Oro City, is
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the absolute owner of a parcel of land consisting of

One Hundred Fifty Five Thousand Nine Hundred and
Ninety Two (155,992) square meters more or less,
covered under Tax Declaration No. 1494, more
particularly described as Lot No. 20569, Cad 369-D. A
copy of the said Tax Declaration is hereto attached as
Annex A with sub-markings;

4. That this land ownership of Brgy. Mambuaya is

further affirmed by the Department of Environment
and Natural Resources (DENR) through its letter
dated, a copy of which is hereto attached as Annex
B;

5. That the aforementioned parcel of land is planted all

throughout with coconut trees except a small portion
where the Brgy. Government of Mambuaya has
allowed the construction of a school complex for the
good of the general public;

6. That shortly after my assumption of office in the year

2013 as the Punong Barangay of Brgy. Mambuaya, I
have discovered that several persons have been
illegally harvesting the coconuts from the trees
planted within the abovementioned parcel of land
belonging to Brgy. Mambuaya;

7. That due to this discovery, I have conducted a

research and inquiry and discovered sometime in the
year 2014 that the then principal of Mambuaya
Elementary School, herein respondent Mrs. Melba S.
Omandam, conspiring with several other teachers
and shool officers, namely: , Annabelle O. Cabugsa
(SBAC Co-Chairman), Luciana C. Ambut (SBAC
Chairman), Rowena C. Abayon (SBAC Member),
James Bagongon (GPTCA President), Eusebio Baluyos,
and herein respondent ARLENE C. LUNA, executed a
Contract of Lease over a portion of the
abovementioned parcel of land in favor of Arlene C.
Luna, for the stated amount of One Hundred
Thousand Pesos (P100,000.00) per year. The
Contract of Lease is likewise attached hereto as
Annex C to C-1;

8. That the respondents School Principal, School

Teachers and officers, and Arlene Luna, know fully
well that they have absolutely no authority to enter
into any contract of lease over the abovementioned
 Page 3

parcel of land which belongs solely to Barangay

Mambuaya;

9. That after I have learned of the illegal transaction,

i.e. Contract of lease, without any authority vested
by the owner towards the school principal, teachers
and officers, with herein respondent Arlene N. Luna, I
sent a letter to various government departments and
offices inviting them to a forum or dialogue in order
to settle the matter regarding the unauthorized
contract and usurpation of real property. A copy of
the said letter is hereto attached as Annex D;

10. That on November 20, 2014, Key persons from the

Department of Education, City Assessors Office of
Cagayan de Oro City, City Engineers Office and
Department of Environment and Natural Resources
attended the dialogue together with the teachers of
Mambuaya Elementary School;

11. That during the said forum/ dialogue, the said key
persons from the Department of Education, City
Assessors Office of Cagayan de Oro City, City
Engineers Office and Department of Environment and
Natural Resources talked about the history of
ownership of the school site of Mambuaya
Elementary School and the teachers who attended
the said forum/ dialogue were made to understand
that the land is owned and under the supervision of
the Local Government Unit which is the Municipality
of Mambuaya;

12. That the discussions in the said forum or dialogue

also included the Contract of Lease entered into
between the Mrs. Melba B. Omandam, claiming to be
representing the school, and herein respondent
Arlene C. Luna, and attested to by herein other
respondents;

13. That in said discussions regarding the Contract of

Lease, it was clarified that the Contract entered into
was void because the school is not the owner of the
land therefore does not have any vested right to the
said land, and the signatories were not even
authorized by the Department of Education to enter
into any contract on behalf of the school or the
Department of Education;
 Page 4

14. That the respondents were informed of the

situation and were thereby forewarned to cease and
desist from implementing the Contract of Lease and
to immediately stop the harvesting of coconuts
because there was no authority given to them by the
Municipality of Mambuaya. However, respondents
were antagonistic and non cooperative, and they
insisted in harvesting the coconuts despite lack of
authority;

15. That despite the said warning made by key

persons who attended the dialogue and by me as the
Punong Barangay during the forum /dialogue,
respondent Arlene C. Luna confederating with herein
other respondents, continued their illegal act of
harvesting coconuts;

16. That respondent Mrs. Milba S. Omandam, as well

as the herein respondent teachers and other officers
of Mambuaya Elementary School namely, Annabelle
O. Cabugsa, Luciana C. Ambut, Rowena C. Abayon,
James Bagongon, Eusebio Baluyos who are all
residents of Barangay Mambuaya, Cagayan de Oro
City, clearly knew that there was no authorization
given by the Local Government of Mambuaya nor
the Deparment of Education allowing them to enter
into the contract of lease of the subject land;

17. That despite the knowledge that Barangay

Mambuaya is the owner of said property, the
aforementioned respondent principal, teachers and
officers of the school, supported respondent Luna
and ensured that the latter could enter the area and
harvest the coconuts within the premises;

18. That it is indubitable that all the respondents were

in concert in committing the said illegal acts with
intent to gain because said teachers were present in
the forum and were even asked by the different
departments of the government as mentioned herein
above to relay the information regarding the illegality
of the said contract to respondent Luna. However,
they continued to connive with the respondent Luna
and ensured that the latter can perpetrate the illegal
taking of the coconuts;

19. That on December 3, 2014, herein complainant

received a report that respondent Luna harvested
 Page 5

coconuts in said area even with the knowledge that

she did not have authority nor permission from the
owner of said property;

20. That responding upon to the report, together with

the barangay tanods of Barangay Mambuaya, we
went to the said area and witnessed that the laborers
of the respondent Arlene C. Luna continued
harvesting coconuts in the abovementioned parcel of
land. A copy of the Police Blotter is hereto attached
as Annex E;

21. That said respondent Arlene C. Luna, thru her

laborers, and with the support and connivance of
herein other respondents, entered into the premises
and unlawfully harvested the coconuts without the
knowledge and permission from Brgy. Mambuaya,
with clear intent to gain from it;

22. That as the Punong Barangay of Mambuaya and

by the duty and responsibility that is incumbent upon
me, I took the initiative of confiscating the coconuts
that they harvested and brought the same to the
barangay hall for safe keeping;

23. That Arlene C. Luna and her cohorts, herein other

respondents, clearly got angry with my act and had
shown very antagonistic attitude towards me that
Arlene, with the support of the other respondents,
initiated and filed a complaint in the Office of the City
Prosecutor in order to harass me. A copy of the
complaint is hereto attached as Annex F with sub-
markings;

24. That in the abovementioned complaint, the

respondent Arlene Luna admitted under oath that
she and herein other respondents have entered into
a Contract of Lease over the property belonging to
Brgy. Mambuaya, and that she has harvested
coconuts on several occasions from the said parcel of
land pursuant to that Contract of Lease;

25. That since the complaint filed by respondent Luna

against me was baseless, it was dismissed by the
City Prosecutor. A copy of the Resolution from the
Office of the City Prosecutor is attached hereto as
Annex G with sub-markings;
 Page 6

26. That in the respondents further effort to harass

me, respondent Luna again filed a complaint against
me for the same ground before the Office of the
Ombudsman on the very same grounds made before
the Office of the City Prosecutor. A copy of my
Counter Affidavit in the Office of the Ombudsman is
attached hereto as Annex H ;

27. That in the abovementioned complaints filed

against me by respondent Luna, the other
respondents in this case have acted as witnesses and
continued to support the claim of Luna, further
establishing the fact that they have conspired and
connived with each other in making a bogus Contract
of Lease without any authority from the Brgy.
Government of Mambuay or even from the
Department of Education, in order to perpetrate the
crime of Qualified Theft of Coconuts against herein
complainant Brgy. Mambuaya, represented by me as
Punong Barangay;

28. That likewise, in repeatedly filing the baseless

complaints against me, they also clearly have
committed the offense of Unjust Vexation in order to
deter me from persisting in my resolve to protect the
rights of the people of Brgy. Mambuaya;

29. That I am executing this affidavit attesting to the

foregoing facts for the purpose of filing Criminal
complaints for QUALIFIED THEFT and UNJUST
VEXATION against ARLENE LUNA, MILBA S.
OMANDAM, ANNABELLE O. CABUGSA, LUCIANA C.
AMBUT, ROWENA C. ABAYON, JAMES BAGONGON,
EUSEBIO BALUYOS, who are all residents of
Barangay Mambuaya Cagayan de Oro City.

IN WITNESS WHEREOF, I hereunto affix my signature

this ___ day of December 2015 at Cagayan de Oro City,
Philippines.

FERNANDO DAUG
Affiant/Complainant

SUBSCRIBED AND SWORN to before me this ____ day

of December 2015 in Cagayan de Oro City, Philippines by
Fernando Daug.
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I HEREBY CERTIFY that I have personally examined

the affiant and am satisfied that she has read and
understood her affidavit the contents of which she has
personal knowledge.