Republic of the Philippines

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
Cebu City

PO3 ALFRED GADOR

Complainant, NPS No. VII-02-INV
-01612
For:
-versus- RESISTANCE AND
DISOBEDIENCE TO A
PERSON IN
AUTHORITY
OR THE AGENT
SUCH
AS PERSON

JELMER PIKOY
Respondent.
x-----------------/
REPUBLIC OF THE PHILIPPINES)
CEBU CITY ) S. S.

COUNTER- A F F I D A V I T

I, JELMER PIKOY, 30, single, a resident of Sancianko St., Cebu

City, Philippines, after having been sworn in accordance with law,
hereby depose and say THAT:

1. I am the respondent in a Criminal Case for Violation of

Resistance and Obedience to a Person in Authority or the
Agent of Such Person filed by the above-named complainant,
against me.

2. On July 18, 2018, at about 6:00 pm, I went to the Mr. J along
the colon street to wait for my girlfriend. We were not in good
terms with my girlfriend so I texted her that I am waiting inside
the Mr. J since she was just studying in University of San Carlos
Main and Mr J is located just behind the said University.

3. Couple of minutes of waiting I received a text from her that she

will broke up with me. I am afraid of losing her so I rushed
where their exit is and so timing I saw her immediately.

4. I approached her but she backed me away. I told her that giving
up our relationship will not solve our problem but she told me
this way:
 “Dugay rako naghuwat aning panahona nga magkabuwag na
gyud ta. Mahadlok lang ko mu ingun nimu nga napul-an na
gyud ko ani atung sitwasyon ug labaw sa tanan nawala na
akong gugma kanimu. Unsa pa may pulus kung ipadayun natu
atung relasyon nga wa koy gana nimu? Ug usa pa naa na koy
uyab. Mu abut ra to siya taod-taod so please undangi nako ug
hawa na ngari”

In effect:

I waited too long for this moment to happen that we will be

broken up. I was just afraid to tell you that I’m getting tired of
our situation and most of all my love for you has gone. What’s
the point of continuing this relationship if I’m tired of you? And
another one, I already have a boyfriend. He will arrive so soon
so please stop and get away.

5. My body froze that time and cannot sink in all her words. I just
found myself again inside the Mr. J and ordered tequila. I was
spacing out feeling my heart in pain. I watched my time in the
phone it was about 7:45. I will supposed to work at 8pm in
Teleperformance as a Call Center agent but it seems I need to
unwind first.

6. The bartender always give me tequila every time my glass will

be empty. I don’t know how many shots I drank until I felt dizzy
but not to the point that I was so drunk.

7. Out of a moment, I saw a couple in another table. I approached

them telling this words.

“Mga sweethearts, ayaw gyud ninyu pabaya.e ang usag-usa.

Dili raman tungud laki ka ikaw na bahala sa tanan. Kon dili
kamu duha magtinabangay”

In effect:

Sweethearts, don’t ever neglect one another. Not because you

are the guy, it’s you who will do all the things, But the two of you
will help each other

8. I was about to share my feelings to them but another customer

on the same table shooed me away, telling me to go home
because I was already drunk. I answered him that I’m not drunk
I just want to express my pain to them but instead his voice
gets louder it’s like we’re having a commotion here.
9. Later on, someone approached me. I did not look who was it
because I was explaining my side to the guy who shooed me
away and I am aware that my voice get also louder because of
the sound inside the bar.

10. I just then realized I was already handcuffed so I was

shocked who did that. At first I did not saw who he was not until
later on he was wearing police uniform.

11. I don’t have the knowledge that he is a police officer

because he did not introduced himself before putting me on a
handcuff.

12. He dragged me to the police station and I just follow

silently since my head was a little bit aching and it was like the
place was spinning.

13. The testimony of PO3 Alfred Gador, the one who arrested
me and filed me a complaint, was just misunderstood. He
should introduce himself, he should know what is going on, and
he should hear not only the other customer’s side but also my
side before handcuffing me. That was so rude by the police
officer to handcuff me and dragged me for not knowing who he
was.

14. I did resist to the police officer because at first I don’t have
the knowledge that the person arrested me was a police officer
but I did not disobey him once I was handcuffed. Most of all I
did not act aggressively and violently to the customers. They
just did not approach us and let us explained.

15. The testimony of Mariel Bacarisas, the waitress in Mr. J

and Ingrid Ong, the security guard in Mr. J was not proper
because they immediately called a police officer. It should be
the guard to handle first such commotion and the manager of
the bar should have the knowledge what was going on before
calling police. This trouble could be settled if they just
approached me well.

16. I don’t have the intention to fuss around the bar. What my
intention was to express on the two lovers about what
happened to me and what I felt.

17. I am executing this affidavit to attest to the truth of the

foregoing statements and for whatever legal purpose that this
may serve.
 IN WITNESS WHEREOF, I have hereunto set my hand this
July 22, 2018 at Cebu City, Philippines.

JELMER PIKOY
Affiant

SUBSCRIBED AND SWORN to before me this July 22, 2018 at

Cebu City, Philippines. I HEREBY CERTIFY that I have examined
the herein affiant and I am fully convinced and satisfied that he
voluntarily executed the affidavit in his own free will and volition and
that he understood all the contents of the same.

ATTY. ZENNY A. JABUEN

Assistant City Prosecutor