Republic of the Philippines)

La Trinidad, Benguet ) S.S

x====================x

JOINT AFFIDAVIT-COMPLAINT
We, JAYSON S. BANDA-AY and REY P. GABINO, both of
legal age, Filipino Citizens and with office address at the
Bokod Fire Station, Poblacion, Bokod, Benguet, after having
been duly sworn to in accordance with law hereby depose and
state that:

1. We are employees of the Bokod Fire Station and

hold the positions of Fire Officer II;

2. We are accusing GABRIEL GAL-ED, of legal age,

Filipino Citizen and a resident of Makadong, Bobok-bisal,
Bokod, Benguet of Violation of Section 78 of PD 705, as
amended or the Revised Forestry Code and Violation of
Section 3 (4) of PD No. 1613;

I. THE ULTIMATE AND MATERIAL FACTS

3. On February 9, 2019, a forest fire engulfed an entire

mountainside located at Makadong, Bobok-bisal, Bokod,
Benguet;

4. On that same date, a birthday party was held at

Magdalena Dinoc’s1 residence. Her residence is directly facing
the mountainside razed and engulfed by the forest fire;

5. On the morning of that day, before 10:00 AM, Ana

Agiapew saw Gabriel Gal-ed gathering dried branches of trees
2

in his garden. Also, while she was on her way to the birthday
party at Magdalena Dinoc’s house, at around 11:00 AM, Lina
Ponshad3 saw someone working in Gabriel Gal-ed’s garden;

6. The birthday party was well underway when Jona

Lao-an, one of the guests at the birthday party, called the
attention of the other guests;

1
Hereto attached as Annex “A” is the Affidavit of Magdalena Dinoc.
2
Hereto attached as Annex “B” is the Affidavit of Ana Agiapew.
3
Hereto attached as Annex “C” is the Affidavit of Lina Pongshad.
1
 7. At around 2:00 to 3:00 PM, Jona Lao-an4 went
outside to wash the dishes. As she was doing so, she saw fire
and smoke coming from the bottom of the mountain. The fire
spread quickly and razed the surrounding areas since it was a
windy day;

8. The smoke emanating from the fire was also seen at

the top of the mountain where Marlyn Cayatoc was
maintaining her garden. At around 2:00 to 3:00 PM, Marlyn
Cayatoc5 noticed smoke coming from the bottom of the
mountain they were planting on but chose to ignore it since
she thought that another farmer was just burning rubbish
nearby;

9. However, at around 3:30 to 4:00 PM, her son called

her attention since fire was quickly moving towards the top of
the mountain, their garden and their residence;

10. During that time, neighbors and local barangay

officials6 came to help to establish a fire line. The local fire
station also came to help soon after;7

11. Due to the heat coming from the fire, their garden
hose and some of their crops were destroyed. Had it not been
for the combined effort of the people who responded, Marlyn
Cayatoc’s residence would have burnt down;

12. Finally, Gilbert Diano8, also at around 2:00 to 3:00

PM, saw three children going down the mountain towards the
burning area;

13. These three children are Albert Dodon, Bryan

Dodon and Jhonson Piday.9 They were playing at the Mt.
Purgatory Jump-Off Point near the garden of Gabriel Gal-ed.
Then, they saw smoke and fire at the bottom of the mountain;

14. They went down the mountain in an attempt to put

out the fire by using the water from the creek. While they
4
Hereto attached as Annex “D” is the Affidavit of Jona Lao-an.
5
Hereto attached as Annex “E” is the Affidavit of Marlyn Cayatoc.
6
Hereto attached as Annex “F” is the Affidavit of Arnel Dinoc.
7
Hereto attached as Annex “G” is a copy of the Final Investigation
Report of the Bokod Fire Station regarding the fire incident on
February 9, 2019.
8
Hereto attached as Annex “H” is the Affidavit of Gilbert Diano.
9
Hereto attached as Annex “I” is the Joint Affidavit of Albert
Dodon, Bryan Dodon and Jhonson Piday.
2
attempted to put out the fire, they saw Gabriel Gal-ed
gathering sticks for kaingin despite the ongoing fire;

15. Lastly, Hadjie Gosgos10 was tending to his garden

that day. His garden overlooks the garden cultivated by
Gabriel Gal-ed. Around 2:00 to 3:00 PM, he saw Gabriel Gal-
ed cleaning his garden. He was also gathering sticks during
that time. After he gathered the sticks in his garden into a pile,
he set the pile on fire and due to the strong wind that day, the
fire spread towards the surrounding areas;

16. The fire continued to raze the mountainside. The

forest fire was only declared fire out at around 5 PM of
February 13, 2019. As per the investigation 11 of the DENR, the
forest fire caused the total estimated area damaged by the
forest fire is approximately 235 hectares of natural forest
including NGP plantations on CY 2013. It was also found that
the majority of the wildlings and saplings of Benguet Pine
Trees in the area were damaged;

II. THE CHARGES WE WOULD LIKE TO FILE

17. We would like to file charges for Violation of

Section 78 of PD 705, as amended or the Revised Forestry
Code and Violation of Section 3 (4) of PD No. 1613 against
GABRIEL GAL-ED;

18. Such criminal charges should be filed against the

respondent for he has caused the destruction of the forest
within Bokod;

19. The conduct of kaingin by the accused has brought

upon massive damage to the surrounding forest land
approximately 235 hectares in size;

20. The damages amounted to the amount of Php

895,781.3712;

21. The fire was laced with intent since Gabriel Gal-ed
wanted to clear the land he was working on;

10
Hereto attached as Annex “J” is the Affidavit of Hadjie Gosgos.
11
Hereto attached as Annex “K” is the report on the assessment of
damages caused by the forest fire on February 9, 2019. Also
attached as Annex “L-Series” are pictures of the damage caused
by the fire.
12
See Annex “K”
3
 22. We are executing this affidavit to attest to the truth
of the foregoing and to support the filing of cases for violation
of Section 78 of P.D 705, as amended and violation of Section
3 (4) of PD No. 1613 against Gabriel Gal-ed.

IN WITNESS WHEREOF, we have hereunto set our

hands this ______________________ at La Trinidad, Benguet.

JAYSON S. BANDA-AY REY P. GABINO

Affiant
BFP ID NO. B10001
Date Issued: July 1, 2018
Exp Date: July 9, 2021
2019
Affiant
BFP ID NO. G1004
Date Issued: April 15, 2016
Exp Date: December 3,

SUBSCRIBED AND SWORN TO BEFORE ME at the

place and date above written.