REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 1, City of Manila
09190580000-security bank
ALAY BUHAY FOUNDATION
CHARITY CENTER
Plaintiff,
CIVIL CASE No. 02-002022____
-versus- For: DAMAGES ARISING FROM
ARTICLE 25 OF THE CIVIL CODE
OFFICE OF THE BARANGAY
CHAIRMAN, BARANGAY 473
SAMPALOC MANILA through
its Barangay Chairman
ERNESTO CABUYAO, Barangay
Kagawad JASON ESTANISLAO,
LYDIA SAYSON, SAMMUEL
LONTOK, ABDUL JALANDONI,
RICARDO SUMAYAO, AMIRA
BERNARDINO and MARK
HOMERES, Barangay Treasurer
LISA LAGUANI and Barangay
Secretary JASSICA FLORES
Defendants.
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JUDICIAL AFFIDAVIT
of MARINELLE TAN
(Plaintiff-Witness)
The foregoing Judicial Affidavit of witness, Mrs. MARINELLE TAN,
(“Marinelle”) would serve as part of her direct testimony in the
above-captioned case, and is being offered to prove the
following:
a. To establish the fact that Alay Buhay Foundation Charity
Center is a duly registered private charitable institution,
authorized to file a complaint pursuant to Art. 25 of the
Civil Code
b. To establish the fact that Alay Buhay Foundation Charity
Center has a legal standing against the defendants
herein, through the personality of Ms. Marinelle Tan.
c. The fact that Metro Manila is under the State of Calamity
via Proclamation made by the Office of the President.
d. To establish the fact that the people were angry and felt
dismayed and demoralized when the saw the
extravagant display of the cars purchased by the
defendants herein.
Ms. MARINELLE was examined by Atty. Michael Donasco Talana
at Unit 309 Philippine Social Science Center Building
Commonwealth Avenue, Diliman, Quezon City on 05 September
2022.
Questions were asked in English, and thereafter interpreted to
the witness. Each question was followed by the answer of
MARINELLE. The examination was recorded and transcribed.
Before signing this Judicial Affidavit, the transcription of the
examination was received and approved by Elmer.
EXAMINATION OF WITNESS
MARINELLE TAN
1. Q: Do you swear to tell truth and nothing but the truth?
A: I do.
2. Q: Are you aware that the answers you give today are
made under oath and that you may face criminal liability
for false testimony or perjury?
A: Yes, Atty. I am fully aware.
3. Q: For the record, please state your name and other
personal circumstances for the record.
A: I am Marinelle Tan, Filipino, of legal age, the current
President of Alay Buhay Foundation Charity Center,
located at 910 Cristobal St. Brgy. 473 Zone 47 Sampaloc
Manila.
4. Q: You are here today, ma’am as a representative of
Alay Buhay Foundation Charity Center, is that correct?
A: Yes, Atty.
5. Q: Do you have any authority to represent the Alay
Buhay Foundation Charity Center? If yes, what is it?
A: Yes, Atty. I am authorized by the board through its
resolution, via Secretary Certificate issued by Ms. Menchu
Ariba, the Foundation’s secretary.
6. Q: I am showing to you the Secretary Certificate duly
signed by Ms. Marichu Ariba, can you confirm and affirm
that this is the same Secretary Certificate that you are
referring to?
A: Yes, Atty. That is the Secretary Certificate that I am
referring.
[Presentation and Marking]
7. Q: You mentioned that you are the current President of
the Alay Buhay Foundation Charity Center, can you give us
a little background of the foundation?
A: Alay Buhay Foundation Charity Center is a private
charitable institution, duly registered before the Securities
and Exchange Commission, under the Registration Number
CN200255316. We help people uplift their lives through our
outreach programs and at the same time, we shelter kids,
we feed them and sometimes, there are volunteer adults
that sleeps over to take care of the kids. And with the help
of the donations the foundation receives from different
organizations and personalities, we send these kids to
school and provide all their needs.
8. Q: You mentioned about the SEC registration, I am
showing to you the SEC Registration with number
CN200255316, can you confirm and affirm that this is the
same with the SEC registration of Alay Buhay Foundation
Charity Center as a private charitable institution?
A: Yes, Atty. That is one and the same with the SEC
Registration of Alay Buhay Foundation Charity Center.
[Presentation and Marking]
9. Q: Can you tell us something about the unfortunate
event on 23 July 2022, where were you at the time, ma’am?
A: On the unfortunate day of 23 July 2022, a typhoon
known as “Super Typhoon KAREN” hit Metro Manila. There
were strong winds and continuous pouring of rain. We
didn’t notice that the surrounding was already flooding.
We were all in the second floor of the foundation doing the
usual things that we do on that day. We are all complacent
as there were no warnings nor advisory from our local
barangay officials should there be a need to evacuate the
place. However, when the water start flooding the second
floor of the foundation, we started to evacuate to the third
floor of the foundation. At the time, we haven’t heard
anything from our barangay officials. To our surprised and
at the time still in shock, we forgot to carry with us foods
and other supplies to survive the night. Then perhaps due
to strong winds and rain, the electricity went off. Our
problem at the time were, (1) no electricity; (2) no clean
water to drink; (3) no enough food for everyone. We stayed
and waited for almost eight (8) hours until the next day,
around 4 in the morning, when the LGU officials came by
to rescue us. Luckily, nobody got hurt. Then we were
transferred to the nearest evacuation center to spent the
rest of the day.
10. Q: After that day, what happened?
A: We spent the rest of the day at the evacuation
center. We also help other people in the distribution of
foods to the evacuees. And as soon as the raining and
strong wind stopped, and immediately saw the result of the
typhoon, we volunteered, to clean the surroundings. There
were trees al over and we need to cut their branches.
Aside from the fact that there were muds al over. We
transferred the children immediately inside the foundation
as soon as the place is safe to stay. However, me and other
volunteers where still doing the outreach. We continue
cleaning the whole place. And on the 27th of July 2022, I
was shocked while we were cleaning the vicinity of the
barangay hall when a delivery intended for Barangay
Chairman Cabuyao arrived. All of us were shocked. The
people were shocked. At first, we thought that the delivery
reached the wrong address, however, it was confirmed by
the delivery guy that it is for Chairman Cabuyao. Clearly, it
can be seen that the delivery were cars. Then, I can hear
the people murmuring then some are shouting “ANO BA
YAN!? MAY PONDO NAMAN PALA SANA SA TAO NA LANG”
Others were shouting “BASTOS! BASTOS KAYO!” or “MGA
WALANG MODO. DI NA KAYO NAHIYA!” I can not do
anything for the people as like them, I am also caught by
surprise by that display of extravagant acts of these public
officials. Eventually, the people got tired of shouting and
screaming, they went home. We all went home. Much to
our dismayed, the barangay officials did not show up.
11. Q: And then what happened?
A: I went back to the foundation, took some rest, then I
heard over the news that the whole NCR, that includes
Metro Manila, is still under the State of Calamity, as per the
Proclamation of the President, and has not yet been lifted.
I believe that the declaration of State of Calamity is too
obvious, considering the condition of Metro Manila.
12. Q: Would you know when was the Declaration of State
of Calamity, ceases?
A: No, Atty. But I am certain that at that day and time,
Manila is still under the State of Calamity, as what I’ve
heard on the news.
[Presentation & Marking]
13. Q: What else happened, ma’am witness? What did you
do, after taking some rest?
A: When I was energized again, I went out of the
foundation. I saw some people going back to the
barangay hall and so, I went back to the barangay hall
again. Then we saw the ten (10) Toyota Vios Sedan, paked
outside the hall. I immediately told the people to go home
and instead, rest. I also told them that I will file a case
against these barangay officials for their wrongdoings.
14. Q: Did you file any other complaint against the
defendants to any other tribunals, courts or agencies,
Ma’am witness?
A: Unfortunately, this was the only case that we filed, so
far. We were also caught up by need to address other
needs of the foundation. We got busy and is starting, along
with the people of Barangay 473, to build a brighter future
again.
15. Q: Is there anything else you want to add, ma’am?
A: Nothing more, Atty.
IN WITNESS WHEREOF, I have hereunto set my hand this 16th
September 2022 at Quezon City, Philippines.
MARINELLE TAN
Plaintiff - Witness
SWORN ATTESTATION
The undersigned hereby attests that, as counsel of the witness, I
faithfully recorded the questions I asked and the corresponding
answer of the Witness Elmer Caguindagan gave and that neither
I nor any person present or assisting he witness regarding his
answers / statements.
MICHAEL DONASCO TALANA
Person who examined the witness
Atty. Nica Joy So
NOTARY PUBLIC
Until December 31, 2016
PTR No. 22244415-07 – 01/05/2014
Doc. No. 243; IBP No. 1122234-01 – 01/05/2014
Page No. 35; Manila City
Book No. 2; MCLE Compliance No. 1233331
Series of 2022
Copy furnished:
Atty. AJAY ANN M. DELA CRUZ
Counsel for the defendants
Unit 25 Kayumanggi Street
Mandaluyong City 1550 Metro Manila
ERNESTO CABUYAO
JASON ESTANISLAO
LYDIA SAYSON
SAMMUEL LONTOK
ABDUL JALANDONI
RICARDO SUMAYAO
AMIRA BERNARDINO
MARK HOMERES
LISA LAGUANI
JASSICA FLORES
Barangay Hall
Barangay 473,
Samapaloc, Manila
