Affidavit Po1 Eltanal

Republic of the Philippines )
Done in Quezon City )S.s.

x--------------------------------------------x
AFFIDAVIT
I, PAT. ARIEL R ELTANAL, of legal age, police officer by profession,

and currently assigned at Regional Personnel Holding and Accounting
Section, RPRMD, NCRPO, Camp Bagong Diwa, Bicutan Taguig City, after
having been sworn on oath in accordance with law do hereby depose and
say that:
1. That in addition to the facts which was alleged and proven in

court, the basis of which is the Joint Counter Affidavit of herein affiant and
that of PCINSP PAUL BRYAN D TORRES dated January 26, 2019 and the
Answer/Counter-Affidavit dated February 26, 2019 which were both
submitted to the Internal Affairs Service, Camp Crame, Quezon City to form
part of their defense in the Administrative Case No. NIAS-NMP-ADM-19-
031, I am executing this affidavit in order to supplement the allegations,
evidence, and pleadings that was submitted before the honorable
disciplinary authority after certain matters were unearth during the
proceedings before Branch 69 of Taguig City Regional Trial Cour in
Criminal Case Nos 2717 and 2718;
2. That newly discovered evidence that will prove that I was not
properly apprehended by elements of CITF had surfaced on the November
10, 2020 and January 19, 2021 proceedings at Branch 69 of the Taguig
RTC showing that I was merely framed up on a crime that was not even
committed and that the CITF were made to believe that indeed I together
with PCINSP TORRES attempted to extort from relatives of apprehended
Illegal Drug Suspects, GILBERT CALVAR y GRATE and RAVEN CALVAR
y CALLE who are now facing criminal cases of Violation of Sec. 11, Art. II
of RA 9165 or the Dangerous Drugs Act of 2002;
3. During the proceeding on November 10, 2020, the Transcript of

Stenographic Notes (TSN) issued by the Branch Clerk of Court (ANNEX
“1”) particularly in Pag 18 categorically shows that primary witness was not
accompanied by anyone from the CITF or at least by the complainant
ROCHELLE CALLE. PO2 Alexander Tuita specifically answered that:
Q – So let’s clear things. It was only Cheryl who went up

to give the money?
A – Yes sir sa pagkakaalam ko po.
Q – And Rotchelle, your team leader and the rest of the

group were outside?
A – Yes sir nasa ibaba po.
Xxx…
Q – No. You mentioned that it was Chery Ann who went

inside, does she has any companion?
A – Wala Sir ang alam ko siya lang ang pumasok
4. Truly, there was an intention on the part of the relatives to

incriminate the affiant and his co-respondent after they failed to give the
mother of Accused CALLE the accommodation to her request for favor to
release her son and her nephew without judicial orders despite the fact that
at the time of illegal apprehension made by the CITF or the better words for
it is at the time of FRAME-UP, the subject of the private complaint’s request
has been already transported and then being subjected to Inquest
Prosecution. Thus, the private complainant ROTCHELLE CALLE is
brewing a plan for she has an axe to grind against the PCP Commander
and herein affiant;
5. In the Reply-Affidavit submitted by apprehending police officers

that testified during the January 19, 2021 when it was presented to him for
identification, PO2 Alexandro Truita read paragraph No. 4 as stated in
Page 9 of the TSN and when challenged of the content of his Reply
Affidavit, it strongly suggest that witness Ms. CHERYL SANTOS knew the
location of the alleged entrapment money as allegedly hidden as she in fact
was the one who hid the money while convincing the affiant for the release
of Ms. CALLE’s son and nephew:
Q – And could you please read the part which is

underlined in blue ballpen your Honor which is in
paragraph No. 4
A – “The witness of the complainant knew where he tried

to hid the money and guided the arresting officers the
location of the money which he extorted from the
victim.”
Q – Now, Mr. Witness, the witness of the private

complainant you are referring in this statement is
Cheryl Santos is that correct?
A – Yes, Sir.
Q – And based on your statement in this document, it was

Cherryl Santos who pointed to where the money was
located, is that correct?
A – Yes, Sir.
6. Hence, from the lines of testimonies in open court, it can be

ascertained that I had no knowledge of the alleged entrapment money that
was said to hidden under the mattress as it was the witness that
surreptitiously placed the money for which she was able to point to the
location of such. However, due to coercion and threat to his life since high
powered guns are pointed at him, he was forced to do the bidding of PO2
Truita and his comrades in arms;
7. It must be remembered that Ms. CALLE and Ms. SANTOS are

“kumares” who have known each other since both are working as
pyansadora and facilitators at the Taguig City Hall. Thus, it is not
impossible for both of them to come up with an insidious plant to
incriminate me and my superior officer since what was at stake was the
extra judicial release of the relatives of the former.
8. While the criminal case of violation of Sec. 11, Art. II of RA 9165 is

currently pending before the Taguig City RTC and undergoing trial, it is sad
and unfortunate that the defunct Counter Intelligence Task Force (CITF)
has been used by MS. CALLE by injecting untruthful allegations of
corruption within PCP-6 and that the presumption of regularity in the
performance of duty has been set-aside by CITF personnel without initial
verification whether or not the walk-in complaint lodged to them are true or
not. In fact, all throughout the alleged entrapment operations, PCINSP
TORRES was not present considering the fact the said CITF operations
was based on a complaint of Ms. CALLE that he was the one that allegedly
asking for money to facilitate the release of her son and her nephew. Most
notably is the absence of her relative inside the PCP6 when the said
operation was made. Thus, the dismissal of this criminal case is imminent
after the prosecution rested its case, through a simple demurrer to the
evidence. Sadly, MS CALLE and Ms SANTOS in their own volition simply
fabricated evidence that would incriminate me due to the fact that their
subject, PCINSP TORRES and their relatives are absent in the said office
of PCP6 and that Accused CALLE and his cousin, during the time of
botched entrapment operation were bot undergoing Inquest Proceedings
before the Office of the City Prosecutor of Taguig City;
9. They may have forgotten that operating units of the Philippine

National Police enjoys presumption of regularity in the performance of
functions particularly when it involves law enforcement operations where
they often meet counter charges before different disciplinary authorities
mentioned under NAPOLCOM Memorandum Circular No. 2016-002 in
order to be used as a leverage in the criminal case being faced by their
relatives.
10.The presumption of regularity in the performance of official duties

is an aid to the effective and unhampered administration of government
functions. Without such benefit, every official action could be negated
with minimal effort from litigants, irrespective of merit or sufficiency
of evidence to support such challenge. To this end, our body of
jurisprudence has been consistent in requiring nothing short of clear and
convincing evidence to the contrary to overthrow such presumption. This
case is no different. (Susan Yap vs. Elizabeth Lagtapon, G.R. No. 196347,
January 23, 2017)
11.The principle of presumption of regularity of function of police

officers has been always upheld by the Supreme Court as “the
presumption, however, prevails until it is overcome by no less than clear
and convincing evidence to the contrary. Thus, unless the presumption is
rebutted, it becomes conclusive. Every reasonable intendment will be
made in support of the presumption and in case of doubt as to an
officer’s act being lawful or unlawful, construction should be in favor
of its lawfulness.” (Modesto Magsucang vs. JUDGE ROLANDO V.
BALGOS, MTC, Hinigaran, Negros Occidental, respondent., A.M. No. MTJ-
02-1427, February 27, 2003). In another case enunciated by the Court, it
said that “Further, the presumption of regularity in the performance of
official functions, insofar as the policemen are concerned, has not been
overturned. Credence should be given to the narration of an incident by
prosecution witnesses who are police officers and presumed to have
performed their duties in a regular manner, in the absence of evidence to
the contrary.” (PP vs. Robert Nuñez y Lagasca, G.R. No. 112092, March 1,
2001).
12.These developments that now being cleansed with the very

testimony of the witnesses made during open court has not been presented
during the proceedings before the Internal Affairs Service and during the
filing of a Motion for Reconsideration filed before the Office of the Chief,
Philippine National Police and that if considered could be treated as a
newly discovered evidence that could affect the outcome of the case if duly
presented during the proceedings.
13.That I am executing this Counter Affidavit to attest the veracity of

the foregoing facts.
IN TRUTH WHEREOF, I am now affixing my signature this _____ th

day of August 2021 herein Quezon City, Philippines.
PAT. ARIEL R ELTANAL

Respondent
SWORN to before me this _____th day of August 2021 herein Quezon
City, Philippines and I am convinced that the respondent read and
understood his Counter Affidavit.

Affidavit Po1 Eltanal

Uploaded by

Copyright:

Available Formats

Affidavit Po1 Eltanal

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Affidavit Po1 Eltanal

Uploaded by

Copyright:

Available Formats

Republic of the Philippines )

Done in Quezon City )S.s.

I, PAT. ARIEL R ELTANAL, of legal age, police officer by profession,

1. That in addition to the facts which was alleged and proven in

3. During the proceeding on November 10, 2020, the Transcript of

Q – So let’s clear things. It was only Cheryl who went up

A – Yes sir sa pagkakaalam ko po.

Q – And Rotchelle, your team leader and the rest of the

Q – No. You mentioned that it was Chery Ann who went

A – Wala Sir ang alam ko siya lang ang pumasok

4. Truly, there was an intention on the part of the relatives to

5. In the Reply-Affidavit submitted by apprehending police officers

Q – And could you please read the part which is

A – “The witness of the complainant knew where he tried

Q – Now, Mr. Witness, the witness of the private

Q – And based on your statement in this document, it was

6. Hence, from the lines of testimonies in open court, it can be

7. It must be remembered that Ms. CALLE and Ms. SANTOS are

8. While the criminal case of violation of Sec. 11, Art. II of RA 9165 is

9. They may have forgotten that operating units of the Philippine

10.The presumption of regularity in the performance of official duties

11.The principle of presumption of regularity of function of police

12.These developments that now being cleansed with the very

13.That I am executing this Counter Affidavit to attest the veracity of

IN TRUTH WHEREOF, I am now affixing my signature this _____ th

PAT. ARIEL R ELTANAL

You might also like