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    Complaint - Affidavit: MANUEL CASUL BERDON, of Legal Age, Filipino, Single, and A

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    giovanni
    Manuel Casul Berdon filed a complaint against Mario and Mary Jane Guerra for violating Article 312 of the Revised Penal Code regarding the occupation of real property or usurpation of real rights. Berdon is the caretaker of a property owned by Arries Llenos consisting of two parcels of land. The complaint alleges that in November 2014, the Guerras placed a wall on Llenos' property that encroached on one of the parcels and blocked the right of way. Berdon asserts the Guerras illegally occupied the property through force and intimidation. The complaint charges the Guerras with all elements of occupation of real property or usurpation of real rights under Article

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    Complaint - Affidavit: MANUEL CASUL BERDON, of Legal Age, Filipino, Single, and A

    Uploaded by

    giovanni
    940 views2 pages
    Manuel Casul Berdon filed a complaint against Mario and Mary Jane Guerra for violating Article 312 of the Revised Penal Code regarding the occupation of real property or usurpation of real rights. Berdon is the caretaker of a property owned by Arries Llenos consisting of two parcels of land. The complaint alleges that in November 2014, the Guerras placed a wall on Llenos' property that encroached on one of the parcels and blocked the right of way. Berdon asserts the Guerras illegally occupied the property through force and intimidation. The complaint charges the Guerras with all elements of occupation of real property or usurpation of real rights under Article

    Original Title

    Complaint Affidavit -arries---- - Copy

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    Manuel Casul Berdon filed a complaint against Mario and Mary Jane Guerra for violating Article 312 of the Revised Penal Code regarding the occupation of real property or usurpation of real rights. Berdon is the caretaker of a property owned by Arries Llenos consisting of two parcels of land. The complaint alleges that in November 2014, the Guerras placed a wall on Llenos' property that encroached on one of the parcels and blocked the right of way. Berdon asserts the Guerras illegally occupied the property through force and intimidation. The complaint charges the Guerras with all elements of occupation of real property or usurpation of real rights under Article

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    940 views2 pages

    Complaint - Affidavit: MANUEL CASUL BERDON, of Legal Age, Filipino, Single, and A

    Uploaded by

    giovanni
    Manuel Casul Berdon filed a complaint against Mario and Mary Jane Guerra for violating Article 312 of the Revised Penal Code regarding the occupation of real property or usurpation of real rights. Berdon is the caretaker of a property owned by Arries Llenos consisting of two parcels of land. The complaint alleges that in November 2014, the Guerras placed a wall on Llenos' property that encroached on one of the parcels and blocked the right of way. Berdon asserts the Guerras illegally occupied the property through force and intimidation. The complaint charges the Guerras with all elements of occupation of real property or usurpation of real rights under Article

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
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    of 2

    REPUBLIC OF THE PHILIPPINES

    Department of Justice
    OFFICE OF THE CITY PROSECUTOR
    Cebu City

    ARRIES V. LLENOS.,
    Complainant,

    IS NO. ________________

    FOR: Viol. of Art. 312 of the Revised


    Penal Code. Occupation of real
    property or usurpation of real
    rights in property
    - versus-

    SPS. MARIO GODFREY GUERRA and


    MARY JANE GUERRA
    Respondents.
    x--------------------------/

    COMPLAINT - AFFIDAVIT

    I, MANUEL CASUL BERDON, of legal age, Filipino, single, and a


    resident of Lapu-Lapu City, Cebu, under oath avers:

    1) That I am the caretaker of the private complainant who is the


    owner of AVL REALTY and who is the declared owner of two parcels of
    land located at Barangay Masulog, Basak, Lapu-Lapu City, Cebu, known
    as Lot 1997 with an area of 19, 655 square meters and a portion of Lot
    1998-part with an area of 2,106 square meters. Lot 1998-part is
    declared under the name of my company covered by Tax Declaration
    006-21830 hereto attached as Annex “A”;

    2) That I hereby accuses Sps. Mario Godfrey Guerra and Mary Jane
    Guerra, Filipinos, of legal ages, and residents of N. Escario St., Cebu
    City, of the crime defined under Art. 312 of the Revised Penal Code for
    Occupation of Real Property or Usurpation of Real Rights;

    3) That I was entrusted by Arries V. Llenos to look over his


    properties
    in Barangay Masulog, Basak, Lapu-Lapu City. That sometime in the last
    week of November 2014, Sps. Mario Godfrey Guerra and Mary Jane
    Guerra had placed a wide wall barrier on the property of Arries V. Llenos
    particularly on Lot 1998-part which is used as his right of way going to
    his other property known as Lot 1997;

    4) That after two days from the time I reported the incident to Arries
    V. llenos, he went to the place and there he saw and found out that the
    wide wall barrier had encroached on a portion of his property known as
    Lot 1997;

    5) That the property of the respondents is adjacent to Lot 1997 and


    at that time they caused the installation of the wall barrier inside the
    complainant’s property, they have entered the property by force and
    without any consent coming from him;

    6) That the respondents illegally occupy the portion of the property


    by employing forced and intimidation against me which I cannot prevent
    them from placing the illegal wall barrier in the property of Arries V.
    Llenos for fear that something might happen to me;

    7) All told, the respondents had consummated all the elements for
    the crime of Occupation of Real Property or usurpation of real right as
    provided in Art. 312 of the Revised Penal Code of the Philippines, to wit:

    a) That the offender takes possession of any real property or


    usurps any real rights in property;

    b) That the real property or real rights belong to another;

    c.  That violence against or intimidation of persons is used by


    the offender in occupying real property or usurping real property
    or usurping real right in property;

    d. That there is intent to gain;

    8) In witness whereof, I execute this affidavit in support of my


    complaint for the crime defined under Art. 312 of the Revised Penal Code
    for Occupation of Real Property or Usurpation of Real Rights against
    respondents Sps. Mario Godfrey Guerra and Marie Michelle Guerra.

    IN WITNESS WHEREOF, I hereunto set my hand this ____ day of


    _______________, 2015at Cebu City, Philippines.

    MANUEL CASUL BERDON


    Affiant

    SUBSCRIBED AND SWORN to before me this _________, 2015 at


    Cebu City, Philippines. I hereby certify that I personally examined the
    affiant and I am satisfied that he understood the contents of his
    complaint-affidavit, and that he freely, knowingly and voluntarily
    executed the same.

    ______________________
    Asst. City Prosecutor

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