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Counter-Affidavit: BLK 2 Lot 15 Bgy. San Lorenzo Ruiz, Pasay City

This document contains a counter-affidavit and sworn statements from Peter Emil P. Nonato, Mylene Dunag, and Jumen Tamayo regarding drug charges against Nonato. [1] Nonato denies the drug charges against him, claiming he was set up during a meeting with "Kecealyn" to collect a debt. Dunag and Tamayo corroborate that there was no drug operation and Nonato was forced into a car by two men. [2] Dunag provides a timeline of events where she accompanied Nonato to collect the debt and witnessed him being forced into the car. She also confirms with Tamayo that no drug operation was scheduled.

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0% found this document useful (0 votes)
45 views11 pages

Counter-Affidavit: BLK 2 Lot 15 Bgy. San Lorenzo Ruiz, Pasay City

This document contains a counter-affidavit and sworn statements from Peter Emil P. Nonato, Mylene Dunag, and Jumen Tamayo regarding drug charges against Nonato. [1] Nonato denies the drug charges against him, claiming he was set up during a meeting with "Kecealyn" to collect a debt. Dunag and Tamayo corroborate that there was no drug operation and Nonato was forced into a car by two men. [2] Dunag provides a timeline of events where she accompanied Nonato to collect the debt and witnessed him being forced into the car. She also confirms with Tamayo that no drug operation was scheduled.

Uploaded by

Anonymous 8SgE99
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Republic of the Philippines )

City of Pasay ) S. S.

COUNTER- AFFIDAVIT

I, PETER EMIL P. NONATO, of legal age, single, Filipino and


residing at 4 Gregorio St. MBLA Court Subdivision, Barangay Malanday,
Marikina City, Metro Manila, Philippines, after having been duly sworn in
accordance with law do hereby depose and say:

1. That I am the same person who is charged with the crime of


SALE OF DANGEROUS DRUGS, and ILLEGAL POSSESSION OF
DANGEROUS DRUGS, or the violation of Sections 5 and 11, Article II of
R. A. No. 9165. I hereby DENY the allegations contained in the
information charging my person of the said crimes, as well as the sworn
statements executed by PO2 LEONARDO DIWA and PO2 JOHN JAMES
HONRALES, who are currently stationed as operatives of the Anti-Vice
Division of the City of Pasay. The truth of the incident are as follows:

a. In the afternoon of Monday, around 5:00 pm, January 2, 2017, I


received a text message from “KECEALYN” saying that she already has
the money that I asked him to collect from “JERMAINE”. Such money was
from the debt that “Jermaine” owed me previous year. Also, “KECEALYN”
said that she already has the gun which she was selling. I told
“KECEALYN” to wait for me as I was in Pasig City celebrating with my
friends. A copy of the Print Screen of mentioned text message is attached
as ANNEX “A”;

b. I arrived at “KECEALYN”’s home at Blk 2 Lot 15 Bgy. San Lorenzo


Ruiz, Pasay City together with my friend, MYLENE at around 8:00 in the
evening of January 2, 2017. I called him at his cellphone number and told
him I was in front of his house. I even asked the barangay tanod named
JUMEN TAMAYO who was sitting outside the house of “KECEALYN” if
the latter is inside her home, to which he responded “I did not see her”
(Hindi niya raw nakita). Copies of Sworn Statement of Barangay Tanod
Jumen Tamayo and Mylene Dunag are attached herein as ANNEX “B”
and ANNEX “C”;

c. After a short while, a red car arrived which I thought was the car
that our friend owned. Suddenly, two men jumped out of the car and
brought me inside the vehicle. When I boarded the vehicle, I saw
“KECEALYN” inside the car who was already in handcuffs. I tried to ask
the two men why we were brought inside the vehicle but they sped fast
and brought us directly to Pasay City Hall. There, I was detained and a
case was filed against me;

d. The driver of the said red car was PO2 LEONARDO DIWA while
the passenger in front was PO2 JOHN JAMES HORNALES. The person
in the left backseat is a woman whom I do not know; she was seated
beside “KECEALYN” who was in handcuffs while I was seated beside
“KECEALYN”; the person in my right side is another person who I do not
know;

2. That I cannot do the alleged charge against my person as I am a


college degree holder at San Beda College Manila with the course of
Bachelor of Science Major in Legal Management and now studying
Bachelor of Laws at Arellano University School of Law at Taft Avenue
Corner Menlo Street, Pasay City. In addition, I am an owner of a well
known computer shop in Metro Manila, Mineski Grounds.

3. That the alleged operation that the police officers performed is not
coordinated with the Philippine Drug Enforcement agency (PDEA), the
Barangay concerned or any agency of the government before such was
executed;

4. That all the allegations made by the arresting officers are lies and
without proof;

5. That I executed this Sworn Statement so as to attest to the truth and


veracity of my statements and deny the charges of the crime imputed
against my person, as well as the arrest reports and sworn statements
executed by PO2 JOHN JAMES HONRALES

City of Pasay, January 26, 2017.

PETER EMIL NONATO


Accused

SUBSCRIBED AND SWORN TO BEFORE ME this 26 th day of


January, 2017 at Pasay City. I hereby certify that I have personally
examined the affiant and that I am satisfied that he voluntarily executed
and understood his counter affidavit/ sworn statement.

Doc No. 385 SHERWIN E. TAMAYORA


Page No. 89 SENIOR ASSISTANT PROVINCIAL
Book No. XII PROSECUTOR
Series of 2017 Until December 31, 2019
Attorney’s Roll No. 60011
Notarial Commission No. 09 (2018-
2019)
PTR No. 2193144-01/03/18-Pasay City
IBP No. 49820 - Pasay City Chapter
MCLE Compliance No. V-0018977
Email Add: atty.tamayora@gmail.com
Telephone No. 231-0022
ANNEX
Republic of the Philippines )
City of Pasay ) S. S.

SWORN STATEMENT

I, MYLENE DUNAG, of legal age and residing at Blk 2 Lot 15 Bgy.


San Lorenzo Ruiz, Pasay City, after having duly sworn in accordance with
law, hereby depose and state:

1. I am with the accused, PETER EMIL NONATO, who is charged


with the crime of SALE of DANGEROUS DRUGS, and ILLEGAL
POSSESSION OF DANGEROUS DRUGS, or the violation of
Sections 5 and 11, Article II of R. A. No. 9165 when he was
forcibly brought inside a car. The truth of the incident are as
follows:

a. In the evening of Monday, around 5:00 pm, January 2, 2017,


I am with PETER with our college friends in our friend’s
house in Pasig to celebrate a friend’s birthday. In the middle
of the party, he asked me to accompany him to collect a
debt owed to him by a person named “JERMAINE” after the
party.

b. At around 7:30 in the evening of January 2, 2017, I agreed


to PETER and left the party with him.

c. We arrived at around 8:00 in the evening of January 2, 2017


in front of the house of a person named “KECEALYN”. He
explained that “JERMAINE” already gave the payment to
“KECEALYN. He called “KECEALYN “ to advise him that the
we were in front of his house. We even asked the by-stander
named JUMEN TAMAYO who was sitting outside the house
of “KECEALYN” if the latter is inside her home, to which she
responded, “I did not see her” (Hindi niya raw nakita);

d. After a short while, a red car arrived which we thought was


the car that our friend owned. Suddenly, two men jumped
out of the car and brought PETER inside the vehicle. I was
shocked and wasn’t able to call help when the incident
happened. I eventually called a taxi to try to follow the red
car.

e. While on the road, I received a call from PETER that he was


at Pasay City Hall. I then told the taxi to go directly to the
City Hall to see him. Upon arrival at the City Hall, we were
informed that he was being detained and a case was filed
against him.

f. The following morning, January 3, 2017, around 8:00, I went


to the barangay hall of Barangay New Zaniga, Pasay City to
file a request for a CCTV footage of the incident. The CCTV
footage cannot be obtained at the moment because of some
techincal error, but the clerk told me that it will be available
soon. Thus, I decided to go back to the barangay hall at
some other day.
g. That when I was about to leave the premises of the
barangay hall, I saw the same barangay tanod PETER and I
encountered when we were searching for KECEALYN last
night before the incident. I asked him whether or not an
operation for drugs was scheduled on the night of January 2,
2017. He told me that there was no scheduled operation for
drugs, and as a barangay tanod, he should know about the
matter.

2. That I can attest that there was no alleged operation happened


before PETER was brought inside the car.

3. That I executed this sworn statement so as to attest the truth


and veracity of the facts contained therein.

January 26, 2017, Pasay City.

MYLENE DUNAG
Witness

SUBSCRIBED AND SWORN TO BEFORE ME this 5th day of


January, 2017 at Pasay City. I hereby certify that I have personally
examined the affiant and that I am satisfied that he voluntarily executed
and understood his counter affidavit/ sworn statement.

Doc No. 390 SHERWIN E. TAMAYORA


Page No. 93 SENIOR ASSISTANT PROVINCIAL
PROSECUTOR
Book No. XII Until December 31, 2019
Series of 2017 Attorney’s Roll No. 60011
Notarial Commission No. 09 (2018-
2019)
PTR No. 2193144-01/03/18-Pasay City
IBP No. 49820 - Pasay City Chapter
MCLE Compliance No. V-0018977
Email Add: atty.tamayora@gmail.com
Telephone No. 231-0022
Republic of the Philippines )
City of Pasay ) S. S.

SWORN STATEMENT

I, JUMEN TAMAYO, of legal age and residing at, 69, Trece de


Agosto St. brgy, 41, Pasay city after having duly sworn in accordance with
law, hereby depose and state:

1. I am currently working at Barangay New Zaniga, Pasay City as a


Barangay Tanod;

2. That the schedule of my duty starts at 11:00 in the evening and


ends at 8:00 in the morning, everyday;

3. That I watch over the premises of R. O. Santos street up to P.


Cruz street, Pasay City;

4. That on January 2, 2017, I arrived at 12:00 in the midnight at my


post and a van arrived to which two persons, a man and a woman alighted
and went inside R. O. Santos, Pasay City;

5. That the man and the woman stood outside the house of one
“KECEALYN”. The man was talking to someone over his cellphone;

6. That I heard from the man talking to his cellphone that he told
the other person on the line that he is in P. Cruz street, but in fact, he is in
R.O. Santos;

7. That they asked me if I saw “KECEALYN” and I replied that I did


not see her get out or went inside of the latter’s house since my duty
started;

8. That a few minutes after our conversation, the man and woman
walked away from R. O. Santos, Pasay City;

9. That while the two were walking, a car arrived and two men
alighted and brought the man inside the car. The men from the car were
carrying a gun;

10. That there was no alleged operation or transaction happened


before the man was brought inside the car

11. That after a few seconds, the car sped away and the woman
who was left ran away and shouted that the man with him was taken by
unidentified men;

12. That a taxicab arrived and the woman boarded the taxi and
sped away ran after the car;

13. That after an hour, an L300 arrived at the corner of R. O.


Santos and P. Cruz to which “KECEALYN” alighted;

14. That I went to “KECEALYN” and told her that a man and a
woman was looking for him;
15. That he told me that “ Oo, kilala ko yon don ako galing sa
munisipyo.” (Yes, I know them, I was from the City Hall);

16. That I asked “KECEALYN” what happened to the two, to which


he responded “Nagkaayos na sila don” (They already fixed the matter
there);

19. That before “KECEALYN” went inside of his house, he told me


“O ano wala kang bilib sa akin” (Now you’re impressed with me )

20. That the following morning, around 8:00, I saw a woman in the
barangay hall filing a request for the CCTV footage of the incident last
night. I recognize the person as the same woman that was accompanying
the man who was forcibly taken inside the car last night. Thus, I asked her
what she is doing in the barangay hall, to which she responded “Nagfa-file
ako ng request for the CCTV footage, at itatanong ko rin sana kung
mayroon ba talagang operation kagabi ang PDEA or any government
agency” (I am filing a request for the CCTV footage, also, I would ask the
barangay if there is really an operation conducted by the PDEA or any
government agency) As a barangay official, I answered her inqueries, I
told her that no such operation was scheduled in Barangay New Zaniga
and if an operation was indeed scheduled, all of the barangay officials and
tanods would be informed of the matter.

21. That I later on knew that the man taken inside the van last
January 1, 2018 was one PETER EMIL NONATO;

22. That I executed this sworn statement so as to attest the truth


and veracity of the facts contained therein.

January 5, 2017, Pasay City.

JUMEN TAMAYO
Witness

SUBSCRIBED AND SWORN TO BEFORE ME this


____________________ day of ______, 2018 at Pasay City. I hereby
certify that I have personally examined the affiant and that I am satisfied
that he voluntarily executed and understood his counter affidavit/ sworn
statement.

Doc No. 391 SHERWIN E. TAMAYORA


Page No. 92 SENIOR ASSISTANT PROVINCIAL
PROSECUTOR
Book No. XIII Until December 31, 2019
Series of 2017. Attorney’s Roll No. 60011
Notarial Commission No. 09 (2018-
2019)
PTR No. 2193144-01/03/18-Pasay City
IBP No. 49820 - Pasay City Chapter
MCLE Compliance No. V-0018977
Email Add: atty.tamayora@gmail.com
Telephone No. 231-0022
ANNEX “A

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