Counter Affidavit: (NPS DOC NO. XII-07-INQ-19D-00095)

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Republic of the Philippines. .

)
Province of Sarangani . . . . . ) S.S.
Municipality of Alabel . . . . . . )
X - - - - - - - - - - - - - - - - - - - -X

COUNTER AFFIDAVIT
(NPS DOC NO. XII-07-INQ-19D-00095)

I, ANTONIO JUARIO, of legal age, married, Filipino and a


resident of Purok 1, Upper Alabel, Brgy. Poblacion, Alabel, Sarangani
Province duly sworn to in accordance with law, hereby depose and
state;

2. That, herein affiant vehemently deny the accusations leveled


against me by PCMSGT NORBERTO LOPEZ and PSSGT ROSTICO
CATIMBANG, JR., as they are patently baseless, fabricated and
defamatory.

3. That, at the outset, herein affiant is truly puzzled and


surprised to no end, greatly aggrieved and disgusted how he
happened to be implicated in the illegal gambling known as “Tong-
its” which transpired at Purok 1, Upper Alabel, Barangay Poblacion,
Alabel, Sarangani Province at about 3:30 in the afternoon of April 14,
2019. This is a gross mistake, unfair and a manifest injustice. The true
narration of facts are as follows;

4. That, on April 14, 2019 around 10 in the morning, herein


affiant left his house to attend the meeting of Upper Alabel Water
Association. The meeting ended around 3 in the afternoon. Around
3:30 in the afternoon, I passed by to the group of men who were
playing “tong-its”. Upon seeing them, being a Lupon Chairman of
our Barangay, I immediately warned them to stop as it is illegal.
However, they refused insisting that it was okay since there was no
police officers who would arrest them. Some of my friends who were
just sitting beside them even asked herein affiant to treat them with a
bottle of beer,
“Chairman, taga.i mig beer b.”
I replied, “Wala man ko’y kwarta”
“May tindahan bitaw ka”

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Since I had a hard time refusing, I ordered one of them to get
two (2) bottles of beer in my store. The pictures can even speak for
itself which I will adopt as evidence. The encircled portion is marked
as Annex “1”;

5. That, I sat beside them and we drank the beer when


suddenly, three (3) police officers arrived. They immediately
identified themselves as police officers and showed their guns. Some
even took photographs of us. Attached herewith is the copy of the
photographs where herein affiant, wearing white sleeveless, sat
beside the group of men who played “tong-its” as Annex “2”;

6. That, assuming arguendo that I was among the players, what


is doubtful and ironic is the allegations of the complainants that I was
able to escape them. It should be noted that we were surrounded by
those police officers who were armed by their guns. How in this earth
could herein affiant be able to escape if not for the fact that I was not
among those who played “tong-its”;

7. That, the allegations of complainants are either a product of


guesswork or suggestions, and highly motivated with malice as the
herein affiant was never among the group of men who played illegal
gambling known as “tong-its”;

10. Thus, I hereby execute this counter affidavit to attest to the


truth of the foregoing facts and circumstances, and to pray for the
outright DISMISSAL of this case.

11. IN WITNESS WHEREOF, I have hereunto set my hand this


____ day of May 2019 at Alabel, Sarangani Province, Philippines.

ANTONIO JUARIO
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of May


2019 at Alabel, Sarangani Province, Philippines. I HEREBY CERTIFY
that I have personally examined the herein affiant and that I am fully
satisfied that he voluntarily executed and understood his affidavit.

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