Counter Aff

Republic of the Philippines
Department of Justice
OFFICE OF THE CITY PROSECUTOR
11TH JUDICIAL REGION
Digos City
Lualhati Magtibay,
Complainant,
-versus- NPS Docket No. XI-08-15B-

092828
For: Murder
PO1 MARIO PICASO,
Respondent.
x - - - - - - - - - - - - - - - - - - - - - -x
COUNTER-AFFIDAVIT
I, PO1 MARIO PICASO, 32 years old, Filipino, married, a resident

of Purok Malinawon, Brgy. Tumoy, Bansalan, Davao del Sur, after having
been duly sworn in accordance with law, do hereby depose and state
that:
1. I am the respondent in the criminal case for the crime of Murder

pending before the Office of the City Prosecutor docketed as NPS
No. XI-08-15B-092828;
2. I am executing this Counter-Affidavit as a reply and comment to

the Affidavit of Complaint of Lualhati Magtibay and Affidavit of
Witnesses, who are under investigation by this Honorable Office in
connection with the death of Patrolman Dante Magtibay;
3. On June 30, 2022 at around 6:00 in the morning, I was outside my

house at Purok Malinawon, Brgy. Tumoy, Bansalan, Davao del Sur
which is approximately 35 km away from Brgy. New Luzon,
Matanao, Davao del Sur where the killing of Pat. Dante Magtibay
took place;
4. At that time, while I was watering our plants, I saw my neighbor

Edward whose house was just next to ours. We had a short talk
and thereafter, we proceeded to prepare for our individual work.
The affidavit of Edward is attached as “Annex A”;
5. A day before the shooting incident, a Deployment of Personnel

Order was issued by the Provincial Intelligence Unit (PIU) directing
me and my other colleagues to conduct intelligence monitoring at
Brgy. Sablay, Bansalan, Davao del Sur for the Turn Over Ceremony
of a local government project;
6. The said ceremony was to commence at 8:00AM of June 30, 2022.
That being the case, I left my house at around 6:30 in the morning
and walked for about 2-3 minutes towards the waiting shed where
the bus bound for Digos City would pass by;
7. At or about 6:40AM, the bus arrived. My neighbor Marina and I

boarded the same bus as evidenced by the bus ticket attached as
“Annex B.” We were sitting in the same row but on opposing sides,
the Affidavit of Marina is attached as “Annex C.” Upon arriving at
Digos City Terminal at around 7:00AM, I alighted from the bus and
looked for a tricycle that would take me to the PIU Office located at
the Davao del Sur Police Provincial Office in Digos City;
8. When I arrived at the PIU Office, as evidenced by my Daily Time

Record attached as “Annex D,” at about 7:20AM, my police officer
colleagues were already at the station. At around 7:30 AM, we then
left the PIU Office going to Brgy. Sablay, Bansalan, Davao del Sur,
our area of deployment on June 30, 2022, and arrived at around
8:00 AM. Brgy. Sablay is about 24 km away from Brgy. New Luzon,
Matanao, Davao del Sur, where the shooting incident happened;
9. At or about 10:30 AM, while performing my intelligence tasks,

Police Lt.Col. David called me on the phone and told me that I am
considered as a person of interest in the shooting incident which
happened earlier that day;
10. The allegations are false as it was physically impossible for

me to commit the crime charged because I was in Bansalan
attending to my duties when the incident took place in Matanao;
11. I am executing this Counter-Affidavit freely and voluntarily for

the purpose of attesting the truth of the foregoing statements, to
inform the proper authorities of the above facts, and to support my
prayer for the dismissal of the instant case against me.
IN WITNESS WHEREOF, I have hereunto affixed my signature this

11th day of May 2022 in Digos City.
PO1 Mario Picaso

Affiant
SUBSCRIBED AND SWORN TO before me this 11th day of May

2022, Digos City, affiant exhibiting to me his driver's license with ID
Number N-2728282 issued on December 12, 2020. I further certify that I
have personally examined the affiant and I am satisfied that he has read
and understood the contents of his counter-affidavit.
ATTY. JC B. BARRION
NOTARY PUBLIC
A.M. No/Comm. No. 342132
Commission expires on December 31, 2024
Roll No. 79145
IBP No. 80189; May 2, 2021; Digos City
PTR No. 9735472; September 9, 2021
MCLE Comp. No. IV-00074533; Valid until 2024
Rm. 1, 2F, JB Building, Digos City
Copy furnished:
LUALHATI MAGTIBAY
Purok Kahiusa, Brgy. Central, Bansalan, Davao del Sur
ARTFEL MARTIN C. CRIADOR

Assistant City Prosecutor
CZARINA KARIZ A. SANTOS

Senior Assistant City Prosecutor
“ANNEX A”
REPUBLIC OF THE PHILIPPINES)

DAVAO CITY ) S.S.
x------------------------------x
AFFIDAVIT OF WITNESS
I, EDWARD KALEN, of legal age, Filipino, male, and a resident of

Purok Malinawon, Brgy. Tumoy, Bansalan, Davao del Sur, after having been
duly sworn to in accordance with law, hereby depose and state:
1. That I am a long time neighbour of of Mario Picaso and that I saw him on
June 30, 2022 at around 6:00 in the morning watering his plants;
2. That when I went outside the house and we had a short conversation
and shortly went to our respective houses to prepare for our individual
work.
IN WITNESS WHEREOF, I hereunto set my hand below this 11th of May

2023 at Digos City.
EDWARD KALEN
Affiant

2022, Digos City, affiant exhibiting to me his Barangay ID with ID
Number 123430303 issued on December 12, 2020. I further certify that I
ATTY. JC B. BARRION
NOTARY PUBLIC
Roll No. 79145
“ANNEX B”
“ANNEX C”
REPUBLIC OF THE PHILIPPINES)

DAVAO CITY ) S.S.
x------------------------------x
AFFIDAVIT OF WITNESS
I, MARINA TUNA, of legal age, married, female, and a resident of

Purok Malinawon, Brgy. Tumoy, Bansalan, Davao del Sur, after having been
duly sworn to in accordance with law, hereby depose and state:
1. That I am Marina, a resident of Purok Malinawon, Brgy. Tumoy,

Bansalan, Davao del Sur, and a neighbour of PO1 Mario Picaso.
2. That I left my residence at around 6:30 am and boarded a bus bound for
Digos City around 6:40 am.
3. That when I boarded the bus, I saw my neighbor PO1 Mario Picaso
boarded the same bus seated in the same row as me but on the opposite
side.
4. That the bus arrived at Digos at around 7 am and we alighted from the
bus immediately and parted ways since I was running late.
IN WITNESS WHEREOF, I hereunto set my hand below this 11th of May

2023 at Digos City.
MARINA TUNA
Affiant

2022, Digos City, affiant exhibiting to me her Employee ID with ID
Number 7373738 issued on December 12, 2020. I further certify that I
ATTY. JC B. BARRION
NOTARY PUBLIC
Roll No. 79145
“ANNEX D”

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Republic of the Philippines

-versus- NPS Docket No. XI-08-15B-

I, PO1 MARIO PICASO, 32 years old, Filipino, married, a resident

1. I am the respondent in the criminal case for the crime of Murder

2. I am executing this Counter-Affidavit as a reply and comment to

3. On June 30, 2022 at around 6:00 in the morning, I was outside my

4. At that time, while I was watering our plants, I saw my neighbor

5. A day before the shooting incident, a Deployment of Personnel

7. At or about 6:40AM, the bus arrived. My neighbor Marina and I

8. When I arrived at the PIU Office, as evidenced by my Daily Time

9. At or about 10:30 AM, while performing my intelligence tasks,

10. The allegations are false as it was physically impossible for

11. I am executing this Counter-Affidavit freely and voluntarily for

IN WITNESS WHEREOF, I have hereunto affixed my signature this

PO1 Mario Picaso

SUBSCRIBED AND SWORN TO before me this 11th day of May

ARTFEL MARTIN C. CRIADOR

CZARINA KARIZ A. SANTOS

REPUBLIC OF THE PHILIPPINES)

I, EDWARD KALEN, of legal age, Filipino, male, and a resident of

IN WITNESS WHEREOF, I hereunto set my hand below this 11th of May

SUBSCRIBED AND SWORN TO before me this 11th day of May

REPUBLIC OF THE PHILIPPINES)

I, MARINA TUNA, of legal age, married, female, and a resident of

1. That I am Marina, a resident of Purok Malinawon, Brgy. Tumoy,

IN WITNESS WHEREOF, I hereunto set my hand below this 11th of May

SUBSCRIBED AND SWORN TO before me this 11th day of May

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