COUNTER-AFFIDAVIT

I, P03 NODY PACARDO y PALENCIA, Filipino, of legal age, married, and

a resident of Brgy. Talongonan, Passi City, Iloilo, after being duly sworn in

accordance with law, hereby depose and state that:

1. I am a member of the Philippine National Police presently assigned at

Passi City Police Station designated as Controller of Brgy. Jaguimitan

COMPAC.

2. I am the respondent in a complaint pending for Pre-Charge Investigation

filed before your office docketed as RIU-VI-18-11;

3. I vehemently deny the allegations of complainants’ Reymark Lames and

his brother Vincent Lames;

4. There is no truth as to the statement of Reymark Lames in paragraph 6

of his affidavit that “I was shocked when P03 Nody Pacardo grabbed my

brother, dragged him and threw a punch on him”. The real fact that

happened was that his brother Vincent Lames was throwing punches

against Mark Parcia and Alan Balvidades who were defending themselves

from the barrage of punches coming from Vincent Lames. I only grabbed

and restrained Vincent Lames from punching Mark Parcia and Alan

Balvidades. I also observed that Vincent Lames is drunk and under the

influence of liquor;

5. Also, Reymark Lames in his affidavit stated that “when I tried to get my

brother, P03 Nody Pacardo shoved my hands away and told me, “wala ka

di labot, sin-o ka?” to which I answered that I just wanted to get my

brother away from him” is completely false. The truth of the matter is

that when he tried to get his brother, Reymark Lames shoved me and

pushed me away from him brother which caused me to be slightly out of

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balance and said “ANU KAW GINA ANU MO BUGTO KO, PULIS KA

LANG, MGA YUDIPUTA KAMO!. However, he did not stop there, Reymark

Lames took out his ID and disrespectfully shoved his ID to my face. And

when I turned my back to him, he pushed his ID in my back. That is

when I decided to arrest him for assaulting my person.

6. Further, in the affidavit of Vincent Lames, he stated in paragraph 7 that

“I was scared and shocked when P03 Nody Pacardo grabbed me, dragged

me and hit me with his right fist even though I am already in a “hands

up” position,” is a complete fabrication with malicious imputation of my

person. The truth of the matter is that he is throwing punches to Mark

Parcia and Alan Balvidades who were defending themselves. Immediately

I rushed to the scene with the barangay tanods and Barangay Captain

Philip Palomera and restrained his person. His injury may have been

caused when Mark and Alan are defending from the punches of Vincent

Lames;

7. Finally, the Office of the City Prosecution Passi City, has already issued a

resolution and corresponding informations with the cases I filed against

Vincent Lames and Reymark Lames, copies of which is attached herein.

8. I am executing this affidavit for the purpose of affirming the truth of the
foregoing statements and of complying with the order of the Napolcom
Region VI dated 18 June 2018.
9. I am executing this counter-affidavit for the purpose of affirming the
truth of the foregoing statements, statements and of complying with the
order of the Napolcom Region VI dated 18 June 2018 and of praying for
the dismissal of the above entitled case for lack of probable cause.

Passi City, June 21, 2018

P03 NODY P. PACARDO

Affiant
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SUBSCRIBED AND SWORN to before me, this 21 JUNE 2018 in Passi

City, Iloilo, Philippines, by Nody P. Pacardo, known to me to be the same
person who personally signed before me the foregoing instrument and
acknowledged that he voluntarily executed the same.