COMPLAINT-AFFIDAVIT

We, PETER LIM, PAUL LIM, INOCENCIO TUMALIUAN and

LOUIE TUMALIUAN, all of legal age, Filipinos, and residents of San Jose, San
Pablo, Isabela, after having been duly sworn to in accordance with the law, depose
and state:

1. That we are among the accused in Criminal Case No. 22-1968 for Multiple
Frustrated Murder file before the Regional Trial Court, Branch 22, Cabagan,
Isabela, as regards the ambush that transpired in the afternoon of July 1, 2009
at San Jose, San Pablo, Isabela;

2. That we, PETER LIM and PAUL LIM were arrested by SPO3 NOEL T.
GUMARU and SPO1 RODOLFO A. LIMTUACO, both of SAN PABLO
POLICE STATION, San Pablo, Isabela, when we were at the police station
to report a shooting incident that was reported to us by Roger Daquioag and I,
INOCENCIO TUMALIUAN, was subsequently arrested by SPO1 RODOLFO
A. LIMTUACO at my residence. Attached and made an integral part hereto as
Annex “A” is the Affidavit of Arrest executed by the said police officers;

3. That I, LOUIE TUMALIUAN, was arrested by SPO3 DIOSDADO F.

LAYUGAN, also of SAN PABLO POLICE STATION, San Pablo, Isabela,
along with police officers from the Isabela Police Provincial Office and San
Pablo Police Station. Attached hereto and made an integral part hereof as
Annex “B” is the Affidavit of Arrest executed by the named police officer;

4. That we, except INOCENCIO TUMALIUAN, were subsequently detained

at San Pablo Police Station by the Philippine National Police (PNP) under the
purported premise that we are responsible for the alleged shooting of victims in
the said case.

5. That as a result of that arrest, PCI MELCHOR B. CANTIL filed a criminal

complaint against us before the Provincial Prosecution Office, Cabagan,
Isabela, wherein we were subsequently indicted in court; Attached hereto and
made an integral part hereof as Annex “C” and Annex “D” are the criminal
complaint and criminal information, respectively;

6. That upon Motion to Quash, the criminal information was subsequently

dismissed by the Regional Trial Court, Branch 22, Cabagan, Isabela on the
ground that our arrest is in violation of the law, declaring our arrest and
detention as illegal. Attached hereto and made an integral part hereof as Annex
“E” is the Order of the court dismissing the criminal information against us;

7. That our arrest, detention, and subsequent indictment in court is not only
illegal but has also has caused us undue prejudice and serious anxieties, and
SPO3 NOEL T. GUMARU, SPO1 RODOLFO A. LIMTUACO, SPO3
DIOSDADO F. LAYUGAN should be administratively and criminally dealt
with in view of the illegality of the arrest and our arbitrary detention;

8. That no less than the Regional Trial Court agrees with us that our arrest is
illegal as clearly shown in the order of the court;

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9. That P/Supt. ANTONIO P. MARALLAG, JR., P/Supt. VICENTE D.
VALDEZ, and PCI MELCHOR CANTIL, all of ISABELA POLICE
PROVINCIAL OFFICE, Ilagan, Isabela, should likewise be dealt with
administratively and criminally for having ordered and actually participated in
our arrests and detention although they did not execute the affidavit of arrest.
Attached hereto and made an integral part hereof as Annex “F” is the excerpt
copy from the police blotter showing that the afore-named are part of the team
that arrested us;

8.1 P/Supt. ANTONIO P. MARALLAG, JR., P/Supt. VICENTE D.

VALDEZ, and PCI MELCHOR CANTIL are the heads of the “task
force” that undertook our actual arrest who were then present when we
were arrested and detained at San Pablo Police, Station;

8.2 PCI MELCHOR CANTIL has in fact signed the criminal complaint
against us also participated in our arrest and detention when in fact he
knows well that our arrest is illegal;

8.3 P/Supt. ANTONIO P. MARALLAG, JR., P/Supt. VICENTE D.

VALDEZ, and PCI MELCHOR CANTIL, being the senior officers in
charged of the investigation and who head the task force, ought to know
that our arrest and detention is illegal and should have taken the proper
steps in procedures in charging us in court;

8.4 Instead of taking the proper procedures under the law, P/Supt.
ANTONIO P. MARALLAG, JR., P/Supt. VICENTE D. VALDEZ, and
PCI MELCHOR CANTIL, conducted themselves in utter violation of
the law and ordered our arrest and detention despite the clear fact that
our arrest in not among those covered by warrantless arrest;

10. That the acts of the afore-named police officers constitute Illegal Arrest,
Arbitrary Detention, Abuse of Authority, Grave Misconduct, Oppression,
Harassment, Serious Misconduct and Conduct Unbecoming of a Police Officer,
all categorized and penalized as administrative offense and under standing
rules and circulars of the NAPOLCOM;

11. That also, the afore-named police officers, in their official capacities,
clearly violated Section 3 (e) of Republic Act No. 3019, as amended, otherwise
known as the Anti-Graft and Corrupt Practices Act; 1

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3ecôyïl 3. Corrqpt practibes of põblic off)cersn2In addiTin uo!acts mr omisshonS"of pubmm#
ofgicers alreqdy pE~`diZeä `9 existang lew. the following shall constitute corrupt practices of any public
officer and are hereby declared to be unlawful:

xxx xxx xxx

(e) Causing any undue injury to any party, including the Government, or giving any private party
unwarranted benefits, advantage or preference in the discharge of his official administrative or
judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.
This provision shall apply to officers and employees of offices or government corporations
charged with the grant of licenses or permits or other concessions.

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12. That aside from violating Republic Act No. 3019, they also violated Section
4 (b) and (c) of Republic Act No. 6713, otherwise known as the Code of
Conduct and Ethical Standards for Public Officials;2

13. That the afore-named police officers are administratively liable pursuant to
Section 1 Rule III of Ombudsman’s Rules of Procedure as a result of their act
which is blatantly contrary to law and procedure, clearly unreasonable, unfair,
oppressive, discriminating, irregular and devoid of legal justification;

14. That we have not heretofore commenced any action or proceedings

involving the same issue and subject matter against the named police officers
before any administrative tribunal, court, or agency and to the best of our
knowledge, there is no other$sima,Ar acvioj or Rzoceeding pending
igaénQt¡thdm er$2egaRds the óamE issue ov matter;

15. That w% aòe aødkuting ôhis SolpLaint-@ffId!viu3tàattest 4G vHe

truthvthness of the foRegoing(ficxs`and æor txe purposa of insthtutilg
crimmnal and a$manis|pative"gharg%w agci.st SPO3 NOEN3T. GWMAPU

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Section 4. Norms of Conduct of the Public Officials and Employees- (A) Every public official
and employee shall observe the following standards of personal conduct in the discharge and
execution of public duties:

xxx xxx xxx

(b) Professionalism.- Public officials and employees shall perform and discharge their duties
with the highest degree of excellence, professionalism, intelligence and skill. They shall enter
public service with utmost devotion and dedication to duty. They shall endeavor to discourage
wrong perceptions of their roles dispensers or peddlers of undue patronage.

(c) Justness and sincerity.- Public officials and employee shall remain true to the people at
all times. They shall at all times respect the rights of others, and shall refrain from doing act
contrary to law, good morals, good customs, public policy, public order, public safety and
public interest. They shall not dispense or extend undue favors on account of their office to their
relatives whether by consanguinity or affinity except with respect to appointments of such
relatives to positions considered strictly confidential or as member of their personal staff whose
term are coterminous with theirs.

xxx xxx xxx

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SPÏ1 ROT_Do A, LIOTUACOl SPN3 DINSdAÄO!Æ. LAYU‡AN, P.Suxt.
¤ANTO^IO P. MARQLLaG, KR.,$P/Supt. VIENTE(Dn VMLLUZ, aîd
PAI }ElCHOR CANTML,

TETUR LHM @Au

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Repuräic"of¨tèe Philippines +Protince of isabeda ( S[
Ttç5eg!rao€Ciôy )
SUBSCRiÃED af$ SWORJ to fefore -m thiû __](of Auwurt(2009 at
UUguegaraï`City, Ãafayen>

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M I HEREBY(CDRtIFØ0thát(i hate¢pebrgncìiy exaMined the aforE-~aied
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