Republic of the Philippines)

PROVINCE OF BILIRAN )S.S.

Municipality of Caibiran )
X-------------------X

COMPLAINT-AFFIDAVIT

WE, VIOLETA S. TORLAO, 66 years old, married, Brgy Chairman of Brgy Uson, Caibiran, Biliran;
LUIS CERO, 56 years old, married, Brgy Kagawad; ROSIE MASONG, 40 years old, single, Brgy Kagawad,
RUBEN MONDIDO, 39 years old, married, Brgy Kagawad; FELIX PALOMPON, 36 years old, married, Brgy
Kagawad, LAUREANO JOSE, 63 years old, married, Brgy Kagawad; ANITA CAONES, 55 years old, married,
Brgy Secretary; NOLASCO MENDOZA, 46 years old, Brgy Tanod; EDWIN VENTULAN, 42 years old,
married, Brgy Tanod; BIBIANO POSA, 54 years old, married, Brgy Tanod, Filipinos, and residents of Brgy
Uson, Caibiran, Biliran after having been duly sworn to accordance with law do hereby depose and say
that:

In the morning of March 10, 2011, we were gathered at BEC building located near the beach of
Brgy Uson, Caibiran, Biliran for our regular monthly meeting of Brgy Uson Fisherfolks Association
(BUFFA), and while waiting for our visitor from Department of Agriculture of the Local Government Unit
of Caibiran whom we invited to impart and help us in our problem on Illegal Fishers who frequently
strike near and even inside the protected zone of our fish sanctuary, we spotted two Fishing Boats
operating within the municipal sea waters of Caibiran, Biliran particularly at area coverage of Brgy Uson
Caibiran, Biliran, where we estimated to be more or less one kilometer away from the shoreline.

Devoted to our sworn duties and responsibilities being Brgy Officials and BUFFA members, we
agreed to apprehend said fishing boats. With courage and determination to protect and to stop illegal
fishing in our sea waters, we got underway on board two motorboats and at exactly 11:20 in the
morning of same date March 10, 2011, we were able to approached the two fishing boats F/B SAMLY
and F/B INDAY PIPAY situated adjacent with each other within the municipal sea waters of Caibiran,
Biliran particularly at area coverage of Brgy Uson of said municipality, and caught them actually engaged
on illegal fishing activities using active gear.

We approached first F/B INDAY PIPAY, a commercial fishing boat Danish Siene locally known as
“Hulbot-hulbot” owned by CIRIACO GARING alias “BIDOK” with Boat captain PEDRO LEPASANA JR all of
Brgy Bunga, Cabucgayan, Biliran, which is two (2) Nautical Miles from the shoreline as we plotted our
Global Positioning System (GPS) (pictures and plotting hereto attached). We immediately identified
ourselves as Brgy Officials and BUFFA members of Brgy Uson, Caibiran, Biliran and informed them that
they violated Section 90 0f RA 8550( Fishing with the Use of Active Gear in the Municipal Waters).

One of the crew told us that they will just let their Boat Captain to go with us to settle their
violation and to have pay the fine rather than to bring the Fishing Boat. And further requested us to stay
for a while for they were waiting for someone. While our negotiations was on going, we noticed motor
boat coming from F/B SAMLY and approached F/B INDAY PIPAY, we were amazed when the person on
board who was armed with a long firearm and wearing camouflage upper garment whom we identified
as one SPO2 DANILO VELOSO, a resident of Brgy Palenque, Caibiran, Biliran who immediately embarked
into F/B INDAY PIPAY.

After which, SPO2 DANILO VELOSO intervened with our negotiation and was the one who talked
to us in behalf of the owner and crews, he then defended the Fishing Boat not to be brought by us to
the shorelines, and angrily questioned our authority to apprehend, and he further asked us if we where
accompanied by the Policemen of Caibiran and representative from Department of Agriculture. At the
end SPO2 Veloso did not allowed even the boat captain to go with us.

Due to frustrations, we just proceeded to F/B SAMLY a commercial fishing boat owned by
SAMUEL DE LARA of Brgy Bunga, Cabucgayan, Biliran and skippered by one Renato Delara of same place
which is three (3) Nautical Miles away from the shoreline basing on our GPS, which also violated Section
90 0f RA 8550 ( Fishing with the Use of Active Gear in the Municipal Waters). Again, we failed to
apprehend said Fishing Boat for they were protected by same Police Officer SPO2 Danilo Veloso.

This affidavit was read and translated to us in waray- waray dialect, a dialect which we
understand most.

We executed this affidavit freely, voluntarily, never been forced or coerced but purely to attest
the truth of the foregoing statement and to our desire to file formal complaint for VIOLATION OF SEC. 90
OF RA 8550 against CIRIACO GARING alias BIDOK owner of F/B Inday Pipay, PEDRO LEPASANA JR, Boat
Captain F/B Inday Pipay, SAMUEL DE LARA owner of F/B Samly , RENATO DE LARA, Boat Captain of F/B
Samly all are residents of Brgy Bunga Cabucgayan, Biliran and SPO2 DANILO VELOSO of Brgy Palenque,
Caibiran, Biliran for Obstruction of Apprehension and Prosecution of Criminal Offenders.

AFFIANT SAYETH NONE.

VIOLETA S. TORLAO LUIS CERO ROSIE MASONG

Affiant Affiant Affiant

RUBEN MONDIDO FELIX PALOMPON LAUREANO JOSE

Affiant Affiant Affiant

ANITA CAONES NOLASCOMENDOZA EDWIN VENTULAN

Affiant Affiant Affiant

BIBIANO POSA
Affiant

SUBSCRIBED AND SWORN to before me this ___th day of March 2011, at Naval, Biliran
Philippines.
Republic of the Philippines)
PROVINCE OF BILIRAN )S.S.
Municipality of Caibiran )
X-------------------X

AFFIDAVIT OF WITNESS

WE, ZANDRO ESPINAZO, 37 years old, married, President Brgy Uson Fisherfolks Association
(BUFFA); PRECILA ESPINAZO, 56 years old, married, BUFFA Treasurer; BASILIO ORBETA JR, 30 years old,
married; SOFIO VERBA, 59 years old, married; NORBERTO SOLAMO, 43 years old, married; LEONIVEB
COCHESA, 47 years old, married; FLORENCIO ABRIGO, 57 years old, married, EDUARDO ESPINAZO, 64
years old, married, ARTEMIO DELA PENA, 57 years old, married and EMMA ESMERALDA, 42 years old,
married, all are BUFFA members, Filipinos, and residents of Brgy Uson, Caibiran, Biliran after having
been duly sworn to accordance with law do hereby depose and say that:

In the morning of March 10, 2011, we were gathered at BEC building located near the beach of
Brgy Uson, Caibiran, Biliran out rightly facing to the sea, for an emergency meeting of Brgy Uson
Fisherfolks Association (BUFFA) set forth by Department of Agriculture , and while waiting for our visitor
from Department of Agriculture of the Local Government Unit of Caibiran who will impart and help us in
our problem on Illegal Fishers who strike near and even got inside the prohibited zone of our fish
sanctuary, and not long after it was well-timed that we spotted two Fishing Boats operating within the
municipal sea waters of Caibiran, Biliran particularly at area coverage of Brgy Uson Caibiran, Biliran,
which is estimated to be more or less one kilometer away from their shoreline.

As BUFFA members, we agreed to accompany our Brgy officials and Tanods to apprehend said
fishing boats. With courage and determination to stop illegal fishing in our sea waters, we got underway
on board two motorboats and at exactly 11:20 in the morning of same date March 10, 2011, we were
able to approached the two fishing boats F/B SAMLY and F/B INDAY PIPAY situated adjacent with each
other within the municipal sea waters of Caibiran, Biliran particularly at area coverage of Brgy Uson of
said municipality, and caught them actually engaged on illegal fishing activities using active gear.

We approached first F/B INDAY PIPAY, a commercial fishing boat Danish Siene locally known as
“Hulbot-hulbot” owned by CIRIACO GARING alias “BIDOK” with Boat captain PEDRO LEPASANA JR all of
Brgy Bunga, Cabucgayan, Biliran, which is two (2) Nautical Miles from the shoreline as we plotted our
Global Positioning System (GPS) (pictures and plotting hereto attached). We immediately identified
ourselves as Brgy Officials and BUFFA members of Brgy Uson, Caibiran, Biliran and informed them that
they violated Section 90 0f RA 8550( Fishing with the Use of Active Gear in the Municipal Waters).

One of the crew and told us that they will just let their Boat Captain to go with us to settle their
violation and to have pay the fine rather than to bring the Fishing Boat and requested us to stay for a
while for they were waiting for someone. While our negotiations was on going, we noticed motor boat
coming from F/B SAMLY and approached F/B INDAY PIPAY, we were amazed when the person on board
who was armed with a long firearm and wearing camouflage upper garment whom we identified as one
SPO2 DANILO VELOSO a resident of Brgy Palenque, Caibiran, Biliran, immediately embarked into F/B
INDAY PIPAY.

After which, SPO2 DANILO VELOSO intervened the negotiation and was the one who talked to us
in behalf of the owner and crews , he then defended the Fishing Boat not to be brought by us to the
shorelines and angrily questioned our authority in making the apprehension, and he further asked us if
we where accompanied by the Policemen of Caibiran and representative from Department of
Agriculture. At the end SPO2 Veloso did not allowed even the boat captain to go with us.
 Due to frustrations, we just proceeded to F/B SAMLY a commercial fishing boat owned by
SAMUEL DE LARA of Brgy Bunga, Cabucgayan, Biliran which is three (3) Nautical Miles away from the
shoreline basing on our GPS, which also violated Section 90 0f RA 8550( Fishing with the Use of Active
Gear in the Municipal Waters). Again, we failed to apprehend said Fishing Boat for they were protected
by same Police Officer SPO2 Danilo Veloso.

This affidavit was read and translated to us in waray- waray dialect, a dialect which we
understand most.

We executed this affidavit freely, voluntarily, never been forced or coerced but purely to attest
the truth of the foregoing statement and to our desire to file formal complaint for VIOLATION OF SEC. 90
OF RA 8550 against CIRIACO GARING alias BIDOK owner of F/B Inday Pipay, PEDRO LEPASANA JR, Boat
Captain F/B Inday Pipay, SAMUEL DE LARA owner of F/B Samly , RENATO DE LARA, Boat Captain of F/B
Samly all are residents of Brgy Bunga Cabucgayan, Biliran and SPO2 DANILO VELOSO of Brgy Palenque,
Caibiran, Biliran for Obstruction of Apprehension and Prosecution of Criminal Offenders.

AFFIANT SAYETH NONE.

ZANDRO ESPINAZO PRECILA ESPINAZO

Affiant Affiant

BASILIO ORBETA SOFIO VERBA NORBERTO SOLAMO

Affiant Affiant Affiant

LEONIVEB COCHESA, FLORENCIO ABRIGO EDUARDO ESPINAZO

Affiant Affiant Affiant

ARTEMIO DELA PENA EMMA ESMERALDA

Affiant Affiant

SUBSCRIBED AND SWORN to before me this ___th day of March 2011, at Naval, Biliran
Philippines.
 Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
Caibiran Police Station
Caibiran, Biliran

CPSINV- 15 March 2011

The Provincial Prosecutor

Biliran Provincial Prosecutors Office
Brgy.Larrazabal, Naval, Biliran

Sir :

Respectfully endorsed to this office the herein case for VIOLATION OF SEC 90 OF RA 8550 against
one CIRIACO GARING alias BIDOK owner of F/B Inday Pipay, PEDRO LEPASANA JR, Boat Captain F/B
Inday Pipay, SAMUEL DE LARA owner of F/B Samly , RENATO DE LARA, Boat Captain of F/B Samly
RESIDENT OF Brgy Bunga Cabucgayan, Biliran and SPO2 DANILO VELOSO of Brgy Palenque, Caibiran,
Biliran Biliran, for Obstruction of Apprehension and Prosecution of Criminal Offenders, committed last
March 10, 2011 at around 11:20 in the morning. Attached herewith are the following documents
exhibits/Evidences to wit;

1. Complaint affidavit of Violeta S. Torlao, Luis Cero, Rosie Masong

Ruben Mondido, Felix Palompon, Laureano Jose , Anita Caones,
Nolasco Mendoza, Edwin Ventulan And Bibiano Posa
2. Affidavit of Witnesses Zandro Espinazo, Precila Espinazo, Basilio Orbeta Jr, Sofio
Verba, Florencio Abrigo, Eduardo Espinazo, , Artemio Dela Pena, and Emma
Esmeralda.
3. Extract copy from the Police Blotter of Caibiran Police Station
4. Pictorials
5. Others (reserved)

LINO B CAPARRO
Police Senior Inspector
Chief of Police
 Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
Caibiran Police Station
Caibiran, Biliran

CAIPSV- 15 March 2011

EXCERPT FROM POLICE BLOTTER

TO WHOM IT MAY CONCERN:

THIS IS TO CERTIFY that the following is an extract copy taken from the Police Blotter of Caibiran
Police Station, Caibiran, Biliran, officially entered as follows:

Entry Nr : 0218

Date : March 10, 2011

Time : 3:00 PM

INCIDENTS/ EVENTS:

On this time and date a group of persons coming from Brgy Uson, Caibiran, Biliran led by Hon. Violeta
Torlao, Brgy Captain with Brgy Kagawads, Felix Palompon, Ruben Mondido, Rosie Masong, Laureano Jose, Brgy
Secretary Anita Caones, Mr. Zandro Espinazo Brgy Uson Fisherfolg Association, (BUFFA) President, and fisherfolks
to wit; Robert Cinco, Basilio Quizon, Samson Cinco, Rommel Cinco, Agustin Cochesa, Leonilo Cochesa, Jemmel
Espinoza, Nolasco Mendoza, Florencio Abrigo, Sofio Verba, Edwin Mendoza, Basilio Orbeta Jr, Jimuel Reyes,
Hernan Alba, Daryl reyes, Roy Ulid, Edwin Ventulan, Benjamin Salinas, Gabriel Tumangan Jr. Alfonso Mondido Jr,
Norberto Solamo, Marlon Sombise, Medy Escobido, PrecilaEspinazo, Eduardo Espinazo, Jimmy Nierras and Imelda
Cuevas appeared before this office and requested to put into the Police Blotter the following incident. That at
around 9:00 o’clock in the morning of March 10, 2011 while they were waiting for their visitor who will attend with
them on their (BUFFA) regular monthly meeting at said Brgy, and not long after they spotted two fishing boats
operating at the seawaters of said Brgy. For concern to protect and defend their fish sanctuary from illegal fishers,
they immediately conducted seaborne operation to arrest/apprehend those illegal fishers by virtue of citizens
arrest. At around 11:20 in the morning of same date, they approached each fishing boats and identified it as F/B
Samly and adjacent to it if F/B Inday Pipay, both are commercial fishing boats (Hulbot-hulbot) actually engaged on
illegal fishing activities with the use of active gear at said sea waters. F/B Samly is three Nautical Miles and F/B
Inday Pipay is two Nautical Miles from the shoreline of Brgy Uson, Caibiran, Biliran as they plotted their Global
Positioning System (GPS) during the operation. Crews of said Fishing Boat refused to be apprehended and to go
with them, instead asked their authority why they will be apprehended. Few minutes after, while Brgy Captain
Violeta Torlao was still negotiating the crews specially the master fisherman/boat captain of F/B Inday Pipay,
Policeman Danilo Veloso arrived on board of a motorboat, coming from F/B Samly and was the one who confront
with them and defended F/B Inday Piapy not to be apprehended by them. Policeman Danilo Veloso strongly
defended the fishing boat/F/B Inday Pipay not to be brought to the shoreline and just let the boat captain be the
one to be to go with them., However at the end Danilo Veloso did not allowed the boat captain to be apprehended
and to go with the. Furthermore, they were frustrated and dismayed with the actuations of Danilo Veloso being a
Policeman/law enforcer who allowed and protect fishing boat (F/B Inday Pipay and F/B Samly) to conduct illegal
fishing activities. For record.

Entered by: SPO2 Vic R Viros (SIGNED)

CERTIFIED TRUE AND CORRECT:

LINO B CAPPARO
Police Inspector
Chief of Police