Republic of the Philippines ]

CITY OF DAVAO ] SS
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AFFIDAVIT OF DIRECT TESTIMONY

I, Federico S. Jaca, of legal age, Filipino, married and a resident of

Carpio Subd., Buhangin, Davao City, upon my oath hereby depose and
say, that:

1. I am the same Federico Jaca referred to in paragraph

1/Incident 1 of the complaint of Eduard Bonjbon before the Provincial
Agriculturist Office on October 17, 2005.

2. The narration of facts as well as the administrative complaint

outlined in paragraph 1 or Incident 1 thereof is strongly denied, the truth
of the matter being as follows:

On or about July 21 to 23, 2004, one, Mr. Edward D.

Maquidato, contractor of Iglesia ni Kristo church project in
Kingking, Pantukan, Comval, engaged my services as
hauler of waste material of silica to be extracted from the
land owned by Mr. Alfredo Perez located at Sitio Tugop,
Pantukan, Comval.

I was made to understand by Mr. Maquidato he had

already made arrangements with Mr. Alfredo Perez on how
to go about the compensation of the latter. That my only
job was to haul 85 truck loads of waste silica to be
delivered and to be used as filling materials of the said
Iglesia ni Kristo church in Kingking, Pantukan, Comval.

Bacnotan Cement Corporation has nothing to do

with my contract with Mr. Maquidato neither is the said
corporation privy to my dealings with the latter regarding
the hauling of the aforesaid 85 truck loads of waste
material of silica from the land of Alfredo Perez.

The Excerpt of Barangay Blotter Book attached to

the complaint is a product of falsification perpetrated by
Mr. Bonjbon. He inserted and typed in the words: owned
by FEDERICO JACA, Truck Owner (Dump Truck), Davao
Union Cement Trucking after the period on the said
barangay blotter book to make it appear as if I participated
in the proceedings before the Office of the Barangay
Captain of Kingking, Pantukan, Comval, between him and
Mr. Maquidato, when in truth and in fact, I am not part of
the proceedings thereat. Neither did I involve myself in the
agreement between him and Mr. Maquidato.

To bolster my claim the excerpt of the barangay

blotter is a product of falsification attached herewith is a
genuine extract and certified true copy of the minutes of

1
 the barangay blotter book marked Annex “A” to prove there
is no such words stated therein.

To prove I hauled the 85 truck loads of waste silica

from the land of Alfredo Perez in good faith and with the
consent and permission of the latter attached herewith is
the Joint-Affidavit of Mr. Goyong Maquidato and Alfredo
Perez.

3. Be that as it may, Mr. Bonjbon has no legal personality to

sue for and on behalf of MBL Quarrying Corporation without proof of
authority from the latter to file a complaint against me. Neither does he
have a valid cause of action against me considering that the 85-truck
loads of silica are waste materials inherently owned by the landowner,
Alfredo Perez. As such, his prior permission is not required since the
small-scale mining permit issued to MBL Quarry Corporation by the
Department of Environment and Natural Resources covers only the
extraction of silica ores and not waste materials of silica as in the case at
bar.

4. Furthermore, the lack of cause of action is bolstered by the

fact that Mr. Maquidato had already paid Mr. Bonjbon of the 85-truck
loads of waste material of silica that I hauled for the former as shown on
the aforementioned Joint-Affidavit.

5. I am executing this affidavit to apprise the proper authorities

particularly the Provincial Agriculturist Office of Compostela Valley
Province and to attest to the truth of the foregoing facts for the purpose
of causing the dismissal of the October 16, 2005 Complaint filed by
Eduard Bonjbon before the said provincial office.

AFFIANT FURTHER SAYETH NONE.

IN WITNESS WHEREOF, I have hereunto set my hand and affix

my signature this ___________ at Davao City.

FEDERICO S. JACA
Affiant

SUBSCRIBED AND SWORN to before me this _____________, affiant

exhibited to me his Community Tax Certificate No. 02001934 issued on
January 17, 2005 at Davao City.

Doc. No. ____;

Page No. ____;
Book No.____;
Series of 2005.