Republic of the Philippines )

Province of Laguna ) S.S.

Municipality of Santa Cruz )

COUNTER-AFFIDAVIT

I, PO1 YARI A. KHA, of legal age, Filipino citizen, and with postal
address and residence at AA, Callios, Santa Cruz, Laguna, after having been
duly sworn to in accordance with law, hereby depose and state:

1. That I am the respondent in the case filed against me by one Rudy

Poe Fernandez for alleged Arbitrary Detention under Article 124 of the Revised
Penal Code;

2. That I specifically and categorically deny the accusation made

against me in the Sinumpaang Salaysay filed by one Rudy Poe Fernandez, a
resident of 123 Bagumbayan, Santa Cruz, Laguna. The accusation against me
is baseless & malicious, and solely intended to harass, and malign and destroy
my good name and reputation. The truth of the matter are as follows, to wit:

3. That on November 1, 2016, I was at the Anghel ng Pag-Asa Memorial

Park in Barangay Bagumbayan, Santa Cruz, Laguna. It was my duty as
inspector of the baggage/belongings of the civilians who enters the said
memorial park. I was also asked by SPO4 Gary Sumulong to keep an eye on a
certain part of the cemetery. Copy of his Sworn Statement is hereto attached and
marked as Annex A for ready reference;

4. That on the same day, at around 9:45 in the morning, I took a break
and bought a cigarette in the nearby retail store. While doing so, there were two
men who were already in front of a house near the store where I was. One of
them suddenly confronted me and telling about things about what happened last
night when I confiscated the alcohol he was attempting to bring inside the
cemetery. I was trying to tolerate him but he told me Wala akong pakealam sa
trabaho mo, pinahiya mo ako gago ka! Mag antay ka lang, may oras ka din!
Hindi mo alam kung sino ako at kaya kong gawin. PO1 ka lang!. That time
when he threatened me, I cuffed him and brought him in the Police Station. Copy
of the Sworn Statement executed by the person who witnessed said
confrontation is hereto attached and marked as ANNEX B for ready reference;

5. That I filed a complaint with the Office of the Prosecutors Office

against him for Direct Assault for giving me threatening words and disrespecting
me while in the function of my duty. Copy of the Complaint Affidavit is hereto
attached and marked as Annex C for ready reference;

6. That sometime on November 3, 2016, his mother, Maria Fernandez,

went to my house and pleaded to me not to pursue the Complaint against him.
But I did not grant it. But on the next day, she and her grandaughters went to the
station and pleaded again just for the children who are both still minors. The next
day, I filed an Affidavit of Desistance for the case against him be dismissed. That
same day, November 5, 2016, the complainant was released from the Police
Station. Copy of the duly notarized Affidavit of Desistance dated November 5,
2016 is hereto attached and marked as Annex D for ready reference;

7. On November 6, 2016, to my great surprise and consternation, I

received an information concerning this matter. Based from the allegation in the
Sinumpaang Salaysay by the complainant and 2 others who allegedly witnessed
the arrest, it appeared that I was way too intoxicated by alcohol when I allegedly
arrested and detained the complainant. Saying that the allegation of being
intoxicated is true, still I will not be able to detain him in the Police Station
because the officers in charge will not let me to do so.

8. As it is now, this harassment case has caused me unnecessary

inconveniences. Finally, the ruling of the Supreme Court in the case of
BERNARDO VS. MENDOZA, 90 SCRA 214 (1979), is worth remembering here,
thus:
It should be realized that when a man is haled to court on a criminal
charge, it brings in its wake problems not only for the accused but for his family
as well. Therefore, it behooves a prosecutor to weigh the evidence carefully and
to deliberate thereon to determine the existence of prima facie case before filing
the information in Court. Anything less would be a dereliction of duty.

And that I am executing this Counter-Affidavit to attest to the truthfulness

of the foregoing facts, and to serve as my specific and categorical denial of the
baseless and malicious accusation made against my person in the Judicial
Complaint, and most respectfully prays for the dismissal of the case.

AFFIANT FURTHER SAYETH NAUGHT.

IN WITNESS WHEREOF, I have hereunto set my hand this

_______________, at Calamba City, province of Laguna, Philippines.

PO1 YARI KHA

Affiant
D.L.: 116-244-059

SUBSCRIBED AND SWORN to before me this _____________________

Calamba City, affiant exhibiting to me his DL No. as herein-above written; that it
is certified further that I personally interviewed the affiant and that the answers
were freely given and that everything recited herein were fully understood by him
as the same was written in the language the best understand.

ASST. PROVINCIAL PROSECUTOR