Republic of the Philippines

DEPARTMENT OF JUSTICE
OFFICE OF THE PROVINCIAL PROSECUTOR
Bayombong, Nueva Vizcaya

PNP BAGABAG, NUEVA VIZCAYA

Complainant,

-versus- NPS DOC. NO. II-INQ-17H-02517

FOR:VIOLATION OF ARTICLE
II, SECTION 11 OF R.A. 9165

Xxxxxxxxxx
Xxxxxxxxxxxx
Respondents.
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JOINT COUNTER – AFFIDAVIT

I, xxxxxxx, of legal age, married, businessman, and a resident of Pangasinan

after having been first duly sworn to in accordance with law so hereby depose and say;

1. That I am the respondent referred to in that Criminal Complaint for ILLEGAL

POSSESION OF FIREARM AND AMMUNITIONS docketed as NPS Docket No.
xxxx of the Honorable Office of Provincial Prosecutor of Villasis, Pangasinan;

2. That I vehemently DENY under oath all the accusations against me for being
FALSE and FABRICATED. The TRUTHS of the matter are stated hereunder; and that
said criminal complaint against us are devoid of any basis and wherefore should be
dismissed taking into consideration the following ratiocinations and grounds:

a) That at around 5:30 o’clock in the morning of January 26, 2012, I was in my
warehouse / “bodega” located at Barangay San Pedro Apartado, Alcala,
Pangasinan, when around fourteen (14) persons, more or less, in police
uniform entered the premises and were looking for me. I found out later that
they are members of the composite team of the Pangasinan Provincial
Public Safety Company, (PPPSC) Tayug Headquarters, 3RD Coy 1st RPSB
based at San Manuel, Pangasinan and PNP, Alcala Police Station;

b) That they showed me a Search Warrant bearing No.T-493 issued by Hon.

Executive Judge Ulysses Raciles Butuyan of the Regional Trial Court,
Branch 51 of Tayug, Pangasinan, against me for alleged Violation of P.D.
1866 as amended by R.A. 8294 (Illegal Possession of Firearms and
Ammunitions);

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 c) That as per Search Warrant, the searching team is supposed to search my
residence of M16 Armalite Rifle, M14 Rifle, Ammunitions for M16 Armalite
Rifle and Ammunitions for M14 Rifle;

d) That I allowed them inside the premises of my warehouse where they

conducted a search. That some were searching my vehicles, the immediate
premises, my office and the rooms, while I was accompanied by our
Barangay Kagawad, one policeman from PNP-Alcala Police Station and two
(2) members of the Pangasinan Provincial Public Safety Company (PPPSC),
Tayug Headquarters, 3RD Coy 1st RPSB;

e) That I led them to my office particularly to the vault where I was safekeeping
my firearms and subsequently presented to them my one (1) Caliber 45, one
(1) M16 Rifle, one (1) Shotgun, which are all duly licensed in my name;

f) That all my Firearm Licenses for the aforesaid firearms are valid and were
properly shown to them;

g) That aside from the firearms that were duly licensed in my name and were
placed in my vault is another firearm, one (1) Para Ordnance Caliber 45
Pistol with Serial Number PL 1883 belonging to my stay-in personal driver
xxxxxx. His firearm is duly licensed in his name under Firearm License No.
0003880101029312 which is valid until July 9, 2013;

h) That his firearm is in my vault because he asked permission from me if he

could place it there for safekeeping as he could not bring it around with him
considering that he is not a holder of a Permit To Carry (PTC);

i) That my driver xxxxx placed his gun in my vault for safekeeping as he is not
a holder of a Permit to Carry (PTC). I allowed him to keep his gun in my
vault as he is my driver and stays in one of the quarters of my warehouse;

j) That despite of the fact that the aforesaid firearm of my driver is licensed in
his name, they still took it with them for alleged further verification with the
Firearms and Explosives Division (FED) at Camp Crame. They even brought
me for further investigation;

k) That even after they verified with the FED that the said firearm is licensed in
the name of my driver, they still proceeded with the filing of the above-
entitled case against me for Illegal Possession of Firearm and Ammunitions;

l) That said firearm was not confiscated from my possession. Though it was
placed and found in my vault, it was placed therein by its lawful and
registered owner for safekeeping. That during the search, its registered owner
was in the premises of the bodega / warehouse and immediately showed his
Firearm License to the searching team. Neither said firearm was brought
outside of the vault by its registered owner at the time of the implementation
of the search nor taken from my possession;

3. That I am executing this Counter-Affidavit to attest to the truth of the foregoing

statements and to ask this Honorable Office of the Provincial Prosecutor of Villasis,
Pangasinan to DISMISS the above-entitled criminal complaint for lack of legal basis.

IN WITNESS WHEREOF, I have hereunto set my hand on this ______ day of

March 2012 at Villasis, Pangasinan.

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 ________________________
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Respondent / Affiant

SUBSCRIBED AND SWORN to before me on this _____ day of March 2012 at

Villasis, Pangasinan.

CERTIFICATION

I hereby certify that I have personally examined the Affiant and I am satisfied
that he voluntarily executed and understood his foregoing Counter-Affidavit.

Copy Furnished:

PANGASINAN PROVINCIAL PUBLIC SAFETY COMPANY (PPPSC)

Camp Narciso Rueca Ramos, Tayug, Pangasinan.
By registered mail.