Republic of the Philippines

Department of Justice
National Prosecution Service
OFFICE OF THE CEBU CITY PROSECUTOR
2nd Flr. DOJ Building
DA Compound, M. Velez St., Gudalupe, Cebu City

PURITA A. ALLGAIER,
Complainant,

NPS Docket No. VII-09-INV-23F-01807

-versus- For: GRAVE COERCION

LORENZO ARDIENTE,
AMELINA ARDIENTE,
LOREMELITO ARDIENTE,
MICHAEL ARDIENTE and
ROLDAN ARDIENTE,
Respondents.

August 3, 2023

HON. MARIA LUISA G. RATILLA

Chief, Trial and Subpoena Division
Office of the Cebu City Prosecutor

Dear Maam:

In compliance with the subpoena dated July 6, 2023 which was received by herein
respondents on July 28, 2023, we hereby submit this Counter-Affidavit together with its
attachments.

We hope you find everything in order.

Sincerely yours,

Lorenzo Ardiente Amelina Ardiente Loremelito Ardiente

Respondent Respondent Respondent

Michael Ardiente Roldan Ardiente

Respondent Respondent

REPUBLIC OF THE PHILIPPINES)

CITY OF CEBU ) S. S.

COUNTER-AFFIDAVIT
 Respondents, LORENZO ARDIENTE, AMELINA ARDIENTE,
LOREMELITO ARDIENTE, MICHAEL ARDIENTE and ROLDAN ARDIENTE,
Filipinos, of legal ages, residents of Sitio Baogo, Budlaan, Cebu City and the respondents
in the above-captioned case, after having been sworn in accordance with law, hereby
depose and say THAT:

1. Respondents partially deny the allegations in the complaint-affidavit and the

affidavit of the witness the truth of the matter being THAT--

A. Respondents admit that they set up a barricade sometime in June 6, 2023 on

their property in order to prevent outsiders from coming in and out of our
property especially those using four-wheeled vehicles because it caused
damages to their plants and pathway during rainy periods;

B. The above-mentioned barricade was set up in Lot No. 17390 owned by Sofio
Englatera covered by Tax Declaration No. C-0-00040 1. Also attached as
Annex 2 and Annex 3 is the sketch plan and Tax Declaration of the above-
mentioned Property;

C. Sofio Englatera is the father of Amelina Aridente and the grandfather of

respondents Loremelito Ardiente, Michael Ardiente and Roldan Ardiente;

D. Sofio Englatera did not sell or donate a portion of the above-mentioned

property in order to turn it into a main road or barangay road;

2. The elements of grave coercion under Article 286 of the Revised Penal Code are
as follows: 1) that a person is prevented by another from doing something not
prohibited by law, or compelled to do something against his will, be it right or
wrong; 2) that the prevention or compulsion is effected by violence, threats or
intimidation; and 3) that the person who restrains the will and liberty of another
has no right to do so, or in other words, that the restraint is not made under
authority of law or in the exercise of any lawful right2;

3. Respondents were in the exercise of their lawful right when they prevented the
complainant and other outsiders in passing through there property;

4. Furthermore, the owner or lawful possessor of a thing has the right to exclude any
person from the enjoyment and disposal thereof. For this purpose, he may use
such force as may be reasonably necessary to repel or prevent an actual or
threatened unlawful physical invasion or usurpation of his property3;

5. Respondents are executing this affidavit to attest to the truth of the foregoing
statements in support of the dismissal of this case and for whatever legal purpose
that this may serve

Lorenzo Ardiente Amelina Ardiente Loremelito Ardiente

Respondent Respondent Respondent

Michael Ardiente Roldan Ardiente

Respondent Respondent

1
Annex 1.
2
People v. Astorga, 347 Phil. 701, 720 (1997).
3
Art. 429, Civil Code of the Philippnes.
 SUBSCRIBED AND SWORN to before me this 4th day of August 2023, at Cebu
City, Philippines with their respective proof of identities and I hereby certify that I have
examined herein affiants and I am fully convinced and satisfied that they voluntarily
executed the affidavit in their own free will and volition and that they understood all the
contents of the same.

JED CARLO S.
LAZAGA
Public Attorney II
(Pursuant to RA 9406)

Copy furnished:

Purita A. Allgaier Registry Receipt No. ____

Complainant Date __________
155 Primitiva Compd, Tungkop
Minglanilla, Cebu
Tuburan, Cebu

Explanation: Copy of this Counter-Affidavit is sent to complainant thru registered mail

due to distance and lack of officer personnel to effect personal service.

JED CARLO S.
LAZAGA