Republic of the Philippines )

Province of Aklan ) S.S.

Municipality of Kalibo )

AFFIDAVIT

I, CYRIL FRANCISCO, of legal age, single, Filipino citizen and a resident of Capitol
Site, Kalibo, Aklan, Philippines, after having been duly sworn to in accordance with law,
hereby depose and state:

That I am one of the sheriffs who served/implemented the Writ of Demolition in

Civil Case No. 67-M;

That I, together with Sheriff Hernan Florencio Cortes, Steve Policarpio, Roderick
Robillo and Danilo Yap, served the Notice to Vacate in connection with the said writ on
March 26, 2010 at Sitio Sinagpa, Balabag, Malay, Aklan;

That on the date of service of the writ, we were able to talk personally to the
occupants thereat and we have personally served the notice to vacate among them;

That on April 6, 2010, together with the other sheriffs, I returned to the subject
area of demolition for an ocular inspection if occupants have voluntarily vacated the
premises. The subject property was not vacated but in fact is now guarded by around
fifteen (15) suspicious men;

That I asked one of those men if who are they but they refused to give their
indentity. He told me that they are the new caretakers of the houses of one Josel Tapuz.
He further advised me to talked to the owner Josel if my business is regarding the
demolition;

That one occupant thereat, a neighbor of Josel Tapuz, in the name of Josie Sastre
told me that those men were hired by Josel Tapuz to block the projected demolition.
Josie further told me to be cautious when I am inside the premises because those men
were armed with guns and ammunitions;
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That after the ocular inspection by the team, I made the incident reported at the
Boracay Tourist Police Office and have a timely Sheriff’s Return at the 5 th MCTC
Buruanga-Malay, Aklan where the Civil Case 67-M originated;

That I execute this affidavit in order to attest the truth of the foregoing
circumstances.

FURTEHR AFFIANT SAYETH NAUGHT.

IN WITNESS WHEREOF, I have hereunto set my hand this 21 st day of April, 2010
at Kalibo, Aklan, Philippines.

CYRIL FRANCISCO
Affiant

SUBSCRIBED AND SWORN to before me this 21 st day of April 2010 at Kalibo,

Aklan, Philippines. Affiant personally appeared before me showing his Community tax
Certificate No. 25799856, issued on January 25, 2010 at Kalibo, Aklan, Philippines.

ATTY. MA. GENALYN T. BILLONES-IBARDOLAZA

Notarial Commission No. 6 C 2010-2011J
Until December 31, 2011
PTR No. 2144931, Kalibo, Aklan
Issued on January 4, 2010
IBP No. 682788, Kalibo, Aklan
Issued on January 5, 2010
Attorney’s Roll No. 55108: 4-30-2008

Doc No. ______;

Page No. _____;
Book No. _____;
Series of 2010.