Republic of the Philippines

Department of Justice
OFFICE OF THE PROVINCIAL PROSECUTOR
Justice Calixto O. Zaldivar Hall of Justice,
Binirayan Hills, San Jose de Buenavista, Antique

PSINSP ADOLFO PAGHARION, JR.,

Complainant,

-versus NPS NO. VI-02-INV-18I-00310

FOR: Violation of R.A. 10591

HINIGEL MANIBA Y BARCELLANO,

Respondent.
X --------------------------------------------- X

COUNTER-AFFIDAVIT

I, ___________________, of legal age, married, Filipino citizen, and

resident of Brgy. Pantao, Sibalom, Antique, after having been duly sworn in
accordance with law, do hereby depose and state, THAT:

1. I am the RESPONDENT in the above-mentioned case;

2. I deny the allegations contained in paragraphs 1, 2, and 3 of the

JOINT-AFFIDAVIT by PO3 Howard B. Cortejo and PO2 Dan L.
Lagordo for lack of personal knowledge;

3. I deny paragraph 4 as the allegations stated therein are

HEARSAY. Section 36 of Rule 1301 provides that:

“Section 36. Testimony generally confined to

personal knowledge; hearsay excluded. – A witness
1 Rules of Court

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 can testify only to those facts which he knows of his
personal knowledge; that is, which are derived from
his own perception, except as otherwise provided in
these rules.” (emphasis supplied)

The reliability of a testimony is based on the personal knowledge

of the witness. If a witness testifies on the basis of what others
have told him, and not on facts which he knows of his own
personal knowledge, the testimony would be EXCLUDED as
HEARSAY EVIDENCE2 .

In criminal cases, the admission of hearsay evidence would be a

violation of the constitutional provision that the accused shall enjoy
the right to confront the witnesses testifying against him and to
cross-examine them3.

In the present case, affiants PO3 Cortejo and PO2 Lagordo are
testifying on the statements made by ELMER CABRILLOS, JR.,
who allegedly voluntarily surrendered the .45 caliber pistol with
markings IVER JOHNSON, which is alleged to be possessed by
the RESPONDENT.

The joint-affidavit of the affiants state that:

“At about 4:40 PM of September 14, 2018, ELMER

CABRILLOS JR y PEREZ, 31 years old (DOB: Feb.
4, 1987), married, member Philippines Coast Guard
(PCG) and a resident of Catungan I, Sibalom,
Antique, voluntarily surrendered himself and turned
over at Sibalom Police Station two (2) . 45 caliber
pistols to wit: one (1) .45 caliber, armscor make
bearing Serial No. 1196364 with one magazine and
three (3) live/unfired cartridges for .45 caliber pistol,
and another one (1) . 45 caliber pistol with markings
IVER JOHNSON without serial number, chamber
loaded and with one (1) magazine with one
live/unfired cartridge for .45 cal. (emphasis supplied)

The latter further manifested that a .45 cal pistol

which with serial number 1196346 with one
2 Mallari vs. People, 446 SCRA 74
3 People vs. Mamalias, 328 SCRA 760

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 magazine and three (3) live/unfired cartridges for .45
caliber pistol is the government issued to him, the
one which with IVER JOHNSON marking was from
the possession and control of HINIGEL MANIBA Y
BARCELLANO.” (emphasis supplied)

Here, it is ELMER CABRILLOS JR y PEREZ was the one who

allegedly voluntarily surrendered the .45 caliber pistol which is
alleged to be possessed by the RESPONDENT. Nowhere in the
joint-affidavit can be found that that the AFFIANTS have personal
knowledge that the said .45 caliber pistol with markings IVER
JOHNSON is indeed possessed by the RESPONDENT.

The knowledge of the AFFIANTS with regard to the alleged

possession of the RESPONDENT of .45 caliber pistol is not based
on their personal knowledge but based on the knowledge of
ELMER CABRILLOS JR y PEREZ to prove the truth of the
matter asserted.

4. I deny the allegations contained in paragraphs 5, 6, and 7 of the

JOINT-AFFIDAVIT by PO3 Howard B. Cortejo and PO2 Dan L.
Lagordo for lack of personal knowledge;

5. The alleged pieces of evidence submitted by the COMPLAINANT

does not present a PRIMA FACIE case, much less result to a
determination of PROBABLE CAUSE;

6. I am executing this COUNTER-AFFIDAVIT in order to assert

that the COMPLAINT stands on a HEARSAY EVIDENCE which
is inadmissible and therefore must be dismissed. The alleged pieces
of evidence are unverified, and are products of an imaginary mind
and not that of a reasonable person;

7. I am also executing this COUNTER-AFFIDAVIT to prove that I

am innocent of the charge of VIOLATION OF R.A. 10591
imputed against me by the COMPLAINANT;

8. I am also executing this COUNTER-AFFIDAVIT to cause the

DISMISSAL of the charge in the COMPLAINT, for LACK OF
PROBABLE CAUSE;

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 9. I am likewise executing this COUNTER-AFFIDAVIT to attest to
the truth of the foregoing facts; and

10. I have nothing more to say in the meantime, but I am ready and
willing to give additional statements, which are germane, if
warranted in the future.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 18th

day of November, 2018, Culasi, Antique.

___________________
Affiant

SUBSCRIBED AND SWORN TO before me this 18th day of November,

2018, in Culasi, Antique, by _______________________, who has satisfactorily
proven to me his identity through his
_____________________________________, that he is the same person who
personally signed the foregoing COUNTER-AFFIDAVIT before me, and
acknowledged that he executed the same.

ISAGANI M. DIONELA
Notary Public
Province of Antique
Registry No._____
Until December 31, 2019
FORTALEZA, DIONELA, & BACULNA LAW OFFICE
Alojado Street, Culasi, Antique
Roll of Attorneys No. ______
PTR No. _______, January 05, 2018
San Jose, Antique
IBP No. Lifetime Receipt No. _______
June 7, 2017, Pasig City
MCLE Certificate of Compliance No.
__________, March 21, 2018, Pasig City

Doc. No.: 1049;

Page No.: 2;
Book No: III;
Series of 2018.

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Copy furnished:

ANTIQUE PROVINCIAL PROSECUTOR’s OFFICE

Justice Calixto O. Zaldivar Hall of Justice
Binirayan Hills, San Jose, Antique
Registry Receipt No.: ____________________
Date: November 19, 2018

PSINSP ADOLFO PAGHARION, JR.

Complainant
Acting Chief of Police
Sibalom Police Station
Registry Receipt No.: ____________________
Date: November 19, 2018

EXPLANATION

Due to the distance, copies of this COUNTER-AFFIDAVIT were served

upon PSINSP ADOLFO PAGHARION, JR. [complainant], and filed with this
Honorable Office, through registered mail, under the registry receipts attached
hereto.

____________________

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