Republic of the Philippines

Department of Justice
National Prosecution Services
Office of the City Prosecutor
Baguio City

ERLINDA B. POYAGEN,
JOY D. BASILIO, and
NPS No.
MARY ANN A. LIPPAD,

Complainants

___________________
vs.

ANGELINE L. GIRON and

RUBY DOLORES C.
GIRON

Respondent.

x------------------------------x

JOINT
AFFIDAVIT-COMPLAINT

We, ERLINDA B. POYAGEN, of legal age, married, Filipino and resident

of 72 Simsim Compound, Pacdal, Baguio City, JOY D. BASILIO, of legal age,
married, Filipino and resident of 240 Maria Basa, Pacdal, Baguio City and MARY
ANN A. LIPPAD, of legal age, married, Filipino and resident of 47 Maria Basa
St., Pacdal, Baguio City after having duly sworn to in accordance with law, hereby
depose and state that:

1. We are filing a criminal complaint against Angeline L. Giron

(Angeline), of legal age, single, Filipino citizen, and resident of
224-C Happy Homes, Campo Sioco, Baguio City and Ruby
Dolores C. Giron (Ruby), of legal age, single and resident of 224-
C Happy Homes, Campo Sioco, Baguio City of the crime of Other
Forms of Swindling defined and penalized by Art 316 par. 2 of
Revised Penal Code of the Philippines or for other crime which the
Honorable City Prosecutor may deem fit.
 2
Joint Complaint-Affidavit
Poyagen, Basilio, and Lippad
vs. Giron and Giron
OCP-Baguio City

2. Angeline is the registered owner of a parcel of land covered by

TCT No. 016-216002123. Ruby, on the other hand, is the attorney-
in-fact of Angeline. She was also the person who transacted to as
pertains to the sale of the property subject of this complaint.

3. The Other Forms of Swindling or for other crime which the

Honorable City Prosecutor may deem fit was committed by Ruby
and Angeline as follows:

a. We came to know that Ruby was selling a property in Tuba,

Benguet. We went to visit the property and we came to know
that the property is vacant lot adjacent to a barangay road. Ruby
showed the original title of the property1.

b. After the site visit, we decided to purchase the property and

gave the down payment in the amount of P200,000.00 on June
6, 2020. On June 30, 2020, we formalized our engagement by
executing Deed of Conditional Sale2. The agreement is the
property shall be sold in the amount of PhP1,512,000.00. Half
of which will be paid on June 30, 2020 while the remaining
amount shall be paid in installment basis beginning September
30, 2020 until fully paid.

c. As agreed upon, the amount of PhP 756,000.00 was paid on

June 30, 20203 and the succeeding payments were as follows:

September 10, 2020 P21,000.004

October 7, 2020 P21,000.005

November 9, 2020 P21,000.006

December 4, 2020 P21,000.007

January 30, 2021 P21,000.008

1
Annex “A” of this Joint Affidavit-Complaint is the TCT No. 016-216002123
2
Annex “B” of this Joint Affidavit-Complaint is the Deed of Conditional Sale dated June 30, 2020
3
Annex “C” of this Joint Affidavit-Complaint
4
Annex “D” of this Joint Affidavit-Complaint is the deposit slip dated --------------
5
Annex “E” of this Joint Affidavit-Complaint is the deposit slip dated --------------
6
Annex “F” of this Joint Affidavit-Complaint is the deposit slip dated -------------
7
Annex “G” of this Joint Affidavit-Complaint is the deposit slip dated ---------------
8
Annex “H” of this Joint Affidavit-Complaint is the deposit slip dated --------------
 3
Joint Complaint-Affidavit
Poyagen, Basilio, and Lippad
vs. Giron and Giron
OCP-Baguio City

September 6, 2021 P350,000.009

August 13, 2021 P21,000.0010

d. All in all, we delivered the amount of P1,432,000.00 as

payment of the land covered by TCT No. 016-216002123.

e. To formalize the transaction, we and Angeline executed the

Deed of Absolute Sale over the property on September 9, 2021
before Nordeliza D. Mendoza, Notary Public for Baguio City 11.
Angeline, under oath, attested that the property is free and clear
of any lien and encumbrance of whatsoever nature.12

f. After the execution of the instrument, Ruby delivered all the

documents pertaining to that parcel of land including the
original title of the property. She also instructed us to
immediately occupy the property and introduced improvements
thereon.

g. We started to process the transfer of the title of the property

from Angeline’s name to ours. However, because of our busy
schedule, we usually set aside the processing. During this span
of time, Ruby constantly reminded us to start occupying the
property. Most of the time, she pushes us to put perimeter over
the property.

h. Sometime in 2022, while cleaning the property, we were

approached by someone and were informed that the property
was owned by Ophelia B. Roque. She showed Transfer
Certificate of Title No. 016-2011002379 and claimed that her
property covers the property we bought. She also has asserted
her rights over the property that she introduced perimeter fence
and hanged a placard saying, No entry.

9
Annex “I” of this Joint Affidavit-Complaint is the deposit slip dated --------------
10
Annex “J” of this Joint Affidavit-Complaint is the deposit slip dated --------------
11
Annex “J” of this Joint Affidavit-Complaint is the Deed of Absolute Sale dated September 9, 2021
12
Please refer to 1st paragraph of page 3 of the Deed of Absolute Sale dated September 9, 2021
 4
Joint Complaint-Affidavit
Poyagen, Basilio, and Lippad
vs. Giron and Giron
OCP-Baguio City

i. We verified the information from Ruby and she informed us

that the title of the person who is claiming the property was
prepared without any actual survey. She maintains that their
title over the property is actual title over the lot. To attest to
this, she informed us that she already filed a case in court to
cancel the derivative title of the person claiming rights over the
property.

j. We also verified from the barangay and we came to know that

there was a complaint13 filed by Ofelia B. Roque against Ruby
and Angeline as early as March 12, 2020 or before the initial
transaction of the sale had took place. But she failed to
informed us about this.

k. We also verified from a professional and informed us that the

technical description of our land falls on the barangay road and
partly on the land covered by the title of Ofelia B. Roque.14

l. With all these information, we decided to cancel the sale and

informed Ruby about this. She verbally said that she is waiting
for the payment of a client and instructed us to wait until May
30, 2023. May 30, 2023 came and she instructed us to wait until
June 30, 2023. She failed to pay on June 30, 2023.

m. We decided to hire the services of a lawyer to send the formal

demand letters15, both dated June 14, 2023 which they received
on June 21, 2023 and to assist us in the filing of this complaint.
We were constraint to pay the amount of PhP100,000.00 as
acceptance fee apart from the appearance fee and pleading fee.

n. In response to these demand letters, Ruby refused to reimburse

and argued on the validity of the sale.16

o. As of present, the property is occupied by Ofelia B. Roque.17

13
Annex “K” of this Joint Affidavit-Complaint is the certified true copy of the complaint of Ofelia B. Roque before
the barangay
14
Annex “L” of this Joint Affidavit-Complaint is the google map
15
Annex “M” of this Joint Affidavit-Complaint is the demand letter dated June 14, 2023 addressed to Ruby and
Annex “M-1” of this Joint Affidavit-Complaint is the demand letter dated June 14, 2023 addressed to Angeline
16
Annex “N” of this Joint Affidavit-Complaint is the letter-response of Ruby on the demand letter
17
Annex “O” and series of this Joint Affidavit-Complaint are the pictures of the property.
 5
Joint Complaint-Affidavit
Poyagen, Basilio, and Lippad
vs. Giron and Giron
OCP-Baguio City

4. We are executing this affidavit to attest to the truthfulness of the foregoing

narration of facts and to file a criminal complaint against Angeline and
Ruby.

IN WITNESS WHEREOF, I have hereunto set my hand this

___________________ at ___________ City.

ERLINDA B. POYAGEN
Affiant

JOY D. BASILIO
Affiant

MARY ANN A. LIPPAD

Affiant

SUBSCRIBED AND SWORN to before me this ________________ in

Baguio City and I hereby certify that I have personally examined the affiants and
that I am fully convinced that they read and understood the contents of this
Affidavit-complaint and that they voluntarily executed the same.