Republic of the Philippines

Province of Camarines Sur

) S.S.
)

COUNTER-AFFIDAVIT
I, RAQUE RHOD B. BALLESTEROS, Filipino, of legal
age, single, and resident of Villa Corazon Subd. II, Del
Rosario, Naga City, after having been duly sworn to in
accordance with the law do hereby depose and says:
1.That I am accused for the violation of Art. 148 of
Revised Penal Code, filed by PO3 Jaoquin Daca Ditalo III;
2.That I vehemently deny the allegations in the
complaint filed against me for being false, fabricated and
malicious, the truth being;
a. That in the evening of August 30, 2015, I, together
with my family and close relatives, were celebrating the birth
anniversary of my daughter at Causip, Bula, Camarines Sur;
b. That on or about 10:00 pm of the same date, I was
having a drinking spree and singing in the videoke with my
brother-in-law, Francis Ballebar, a.k.a "Ikoy" together with
his friends Manuel and George inside the residence of Tito
Ballebar, the father of said Ikoy and Ruth Ballebar, my
common-law wife;
c. That while in the middle of conversation with said
Ikoy, I was surprised that Manuel stood up, picked his chair
up and suddenly struck the table which caused an untoward
incident between those present;
d. That I immediately stood up and asked him, "What is
wrong with you?" (Nauno man ka?) and he immediately ran
outside the house, which I believed that he was already
drunk at that moment;

e. That I also went outside said Tito's residence and sat

upon the entrance gate of my residence, which was only
adjacent to the house of Tito Ballebar;
f. That on or about 10:45 pm of the same date, there
were three (3) persons in civilian dresses, which were
unfamiliar to me, abruptly, aggressively and unlawfully
approached me without identifying themselves
and
thereafter I saw one of them carrying an object which I
cannot identify since it was really dark that time, which I
believed a threat to my life;
g. That they were very aggresive with their actuations
prompting myself to act on self-defense and causing me to
repel said aggression and unintentionally striking the
complainant with a monoblock chair ;
h. That Ikoy and Ruth Ballebar immediately stepped in
and timely pacified the incident and escorted me inside the
residence of Tito Ballbebar to appease everyone down and
thereafter Ruth informed me that said complainant was a
police officer, being the husband of her cousin;
i. That later on that evening, a police mobile arrived,
but instead of procedurally and regularly pacifying the
incident, compalinant together with the responding police
officers forcefully and unlawfuly insisted on apprehending
me and suddenly hearing a distinct statement outside
shouting, willingly provoking and posing threat towards me
to wit, "Get out and we will kill you!" (Lumuwas ka sadi ta
gigiranon namo ika!) and thereafter somebody unalwfully
threw a stone against the rooftop, which caused alarm and
threat causing my children at panic;
3. That the other details will just be narrated by me in
court if necessary.
4. That I am executing this counter-affidavit to attest to
the truthfulness of the foregoing statements and to support

the dismissal of the case filed against me.

IN WITNESS WHEREOF, I herby affix my signature this

____th day of June 2016, Provincial Prosecution Office, Hall of
Justice, Naga City, Philippines.

RAQUE RHOD. B. BALLESTEROS

Affiant

SUBSCRIBED AND SWORN to before me this ____th

day of June 2016 at Naga City, Philippines and I further
certify that I have personally examined the affiant and I
convinced and satisfied that he voluntarily executed the
foregoing Counter Affidavit and understood all the contents
hereof and that they are true and correct as to his own
personal knowledge.