DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
QUEZON CITY
ROLLY LIWAG,
Respondent.
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COUNTER-AFFIDAVIT
I, ROLLY LIWAG y LEBAG of legal age, married with address at 12-F Gateway Garden
Ridge Condominium, EDSA, Barangay Ilaya, Mandaluyong City, after having been duly sworn in
1. I am a former Overseas Filipino Worker with Philippine Passport No. XX3587912, who
has worked in the Middle East since 1978 and had just retired last June 30, 2010, copy of
the Embassy of the Philippines, stationed in Abu Dhabi, United Arab Emirates as
Certificate No. 0048-2000, a copy of which certification as Annex “2” is made an integral
part hereof;
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3. I am the attorney-in-fact of ZAIDA LIWAG y VILIRAN and ROLAND LIWAG y VILIRAN; who
are my children, copies of their respective Special Powers of Attorney and Birth
Certificates as Annex “3” to “3-1” and “4” to “4-1” are made an integral part hereof;
4. My daughter, ZAIDA LIWAG y VILIRAN, single, Filipino, holder of Philippine Passport No.
XX4764514 is the registered and absolute owner in fee simple of a certain parcel of land
Extension, Barangay Culiat, Quezon City, containing an area of “Four Hundred Seventy Six
Square Meters (476 sq.m.),” more or less, and which is more particularly described in
“Transfer Certificate of Title No. N-265460” of the Registry of Deeds of Quezon City,
copies of such passport and title as Annex “5” and “5-1” are made integral parts hereof;
5. My son, ROLAND LIWAG y VILIRAN, single, Filipino, holder of Philippine Passport No.
EB0721254 is the registered and absolute owner in fee simple of a certain parcel of land
Extension, Barangay Culiat, Quezon City, containing an area of “Four Hundred Fifty Three
Square Meters (453 sq.m.),” more or less, and which is more particularly described in
“Transfer Certificate of Title No. N-265459” of the Registry of Deeds of Quezon City,
copies of such passport and title as Annex “6” and “6-1” are made integral parts hereof;
6. Both parcels of land were formerly owned by my mother, SALUD L. LIWAG, who bought
the above-described real property from JOSE ERNESTO GONZALEZ on June 21, 1990,
copies of such “Deeds of Absolute Sale” as Annex “7” and “7-1” are made integral parts
hereof;
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7. Consequently, “Transfer Certificate of Titles No. N-217606” and “Transfer Certificate of
Titles No. N-217607” were issued under the name of SALUD L. LIWAG, copies of such
titles as Annex “8” and “8-1” are made integral parts hereof;
8. On March 12, 2004 SALUD L. LIWAG, donated the aforementioned parcels of land to
ZAIDA LIWAG y VILIRAN and ROLAND LIWAG y VILIRAN, copies of such “Deeds of
Donation” as Annex “9” and “9-1” are made integral parts hereof;
9. My son and daughter intended to build a commercial building over the lots so that their
earnings from working abroad will not go to waste; that being the true, registered and
absolute owners of the subject property, we have been religiously and regularly paying
the right amount of taxes imposed by the government, copies of such “Real Property
Assessment Record,” “Real Property Tax Bill,” and “Tax Declaration of Real Property” as
Annex “10” and “10-1” to “12” and “12-1” are made integral parts hereof;
10. There is no truth to the charges being levelled at me for the statements of the
Complainant MARIO T. PAPA are full of lies and meant to prop up and strengthen the
fabricated charges, for the reason that on March 4, 2011, I applied for a Clearance
Permit from BARANGAY CULIAT which has jurisdiction over the parcel of land to
GARCIA, issued a certification stating therein that their “office interposes no objection to
the proposed two (2) storey commercial building,” copy of which certification as Annex
11. Immediately I applied for a building permit for the construction of the two-storey
commercial building at Quezon City Hall, so I had the lot prepared for the construction
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materials and instructed my helpers to clean-up the area in anticipation for the
12. On April 4, 2011, during the clean-up, my helpers discovered that there was a fence
made up of concrete posts and barbed wires, clandestinely erected on the property with
13. In order to prevent the threatened unlawful invasion and usurpation and to protect the
and was informed by a certain MRS. BABY LIM that ATTY. HOMOBONO ADAZA instructed
ADAZA that I represent the legitimate and lawful owners of the property, but Atty. Adaza
retorted that what I had was a fake title, copy of which “Barangay Blotter” as Annex
necessity to report the matter to the LAND REGISTRATION AUTHORITY, however, quite
in need of shelter,” as reported in a MANILA DAILY BULLETIN article dated December 16,
2001, entitled “President orders drive on squatters” and “LRA Report: Task Force TM No.
99-0151,” copies of such news clipping and report as Annex “15” and “15-1” are made
15. I was also cautioned that this group is attempting to rewrite the history of the
Philippines through their incredible and preposterous assertions of ownership over the
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entire archipelago, in a COURT OF APPEALS decision entitled “REPUBLIC V. RTC PASAY
CITY,” docketed as CA-G.R. SP Nos. 70014 and 104604 that has finally adjudged that “the
heirs, agents, privies or anyone acting for and in behalf of JM TALLANO be enjoined from
manner, portions of the land covered by alleged TCT No. 408, TCT No. T-408, and TCT No.
T-498,” since the aforementioned Transfer Certificates of Title are likewise declared NULL
and VOID, copy of the decision as Annex “16” is made an integral part hereof.
16. From the above narration and from the allegations in the complaint itself, it is clear that
are untrue and malicious, stemming from Complainant’s ill intent to obviously harass me
and my children, motivated by evil desire to intrude into the property with a “squatter
and land grabber mind,” as well as to persecute and ridicule the legitimacy of realty
ownership. For indeed, all my life, I have never been known to be a violent person since I
17. There is NEITHER LEGAL NOR FACTUAL BASIS for the criminal complaint for malicious
mischief filed by the Complainant against me. Thus, the instant criminal complaint
18. To this end, I reiterate my strong denial of the malicious and unfair accusation and all
allegation of wrong doing against anyone, and will assert my INNOCENCE in any forum
and will seek justice for this wrong against my person and that of my family in the proper
forum under the laws of our country. That I am prepared to cooperate and establish my
INNOCENCE of any violation of law which was allegedly committed, and that I reiterate
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19. Respondent reserves the right to file SUPPLEMENTAL and REJOINDER AFFIDAVIT.
20. Further, the respondent respectfully prays for such and other reliefs as may be deemed
ORLANDO L. LIWAG
Affiant
SUBSCRIBED AND SWORN to before me this 24th day of August 2011 at Quezon City,
Philippines.
I further certify that I have personally examined the affiant and I am convinced and
satisfied that he voluntarily executed, understood and read his statements and that he freely
and voluntarily made the allegations herein and therein and affirmed the same to be facts, true
and correct.
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Administering Officer/Prosecutor