Republic of the PhilippinesDepartment of Justice

NATIONAL PROSECUTION SERVICEOFFICE OF THE CITY PROSECUTOR

Baguio City

PEOPLE OF THE PHILIPPINES, Complainant,

-versus- I.S. No. 123945773For: Violation of Sec. 5 Article 2 of RA 9165 (Selling of Dangerous Drugs

JUANCHO DELA CRUZ, Respondent.

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COUNTER-AFFIDAVIT

I, JUANCHO DELA CRUZ, Filipino, of legal age, and with residence at 666

Upper Quarry, Baguio City, after having been duly sworn in accordance with law,

hereby depose and state that:

1. I was charged by SPO1 NILO BENTRES CABANSI for violation of Sec. 5

Article 2 of RA 9165 (Selling of Dangerous Drugs);

2. I did not sell drugs and I vehemently deny all the allegations that he has

stated on his complaint- affidavit. There is no truth to the charges being

leveled at me. The statements of the complainant and the witnesses are full of

lies and were meant to extort money from me;

3. The facts on the complaint affidavit that he has made against me were merely

fabricated stories because I refused to give in to his demand of giving ten

thousand pesos (P 10,000.00);

4. On 10 November 2015, at around 3:00 P.M, I was managing my store in Brgy.

Magsaysay, Baguio City. Shortly after Pastor Honesto Kagalanggalang

dropped by to pick up some orders, a man entered my store. The man bought

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cooking pots for the amount of P500. He gave me P1,000 pesos, so I gave

him P500 back. I immediately went back to Pastor Honesto and prepared his

orders;

5. After sometime, a uniformed men together with a civilian entered my store. I

left Pastor Honesto in the bodega and approached the men;

6. They identified themselves as members of PNP. They asked me if I could give

them “Pamasko.” I told them that I did not have much sales that day and that

the business was not really doing great. I handed P500 to Dawaton;

7. Dawaton handed the P500 to SP01 Raguindin. They whispered to each other.

Dawaton again approached me and said that his Boss wanted P10,000. He

added that if I don’t cooperate, they would make my life hell. He informed me

that one of my customers that day had already made a payment using a

marked money;

8. I refused to give them P10,000 and cursed at them. I told them that they are

corrupt and that I would report them to higher authorities;

9. Dawaton tried to pacify the situation and negotiated the amount to P5,000. I

still refused to give them the amount. I told them to go ahead and arrest me if

they want, and that I haven’t done anything illegal;

10.SPO1 Raguindin shouted and threatened me that they would put me in jail. I

cursed back at him;

11.Several police men entered my store and handcuffed me. They took the

money from my cash register. After which, SPO1 Cabansi placed me in a

police vehicle and forced my hand to touch a sachet of white substance;

12. I was brought to the police station;

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13. I strongly believe that Cabansi filed the complaint to extort money from me

and to harass me;

14. I am voluntarily executing this affidavit to attest to the truthfulness of the

foregoing facts and to support the outright dismissal of the complaint filed

against me.

AFFIANT FURTHER SAYETH NAUGHT.

IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of

December 2015, in Baguio City.

JUANCHO DELA CRUZAccused/Affiant

SUBSCRIBED AND SWORN TO before me, this 5th day of December 2015 in

Baguio City.

SUBSCRIBED AND SWORN to before me this 5th day of December 2015 in the city of Baguio. I further certify that I have personally examined the Affiant and I am satisfied that he/she voluntarily executed and understood his/her statement.

Gloria T. Gonzales Administering Officer

Doc. No. _____;Page No. _____;Book No. _____;Series of 2015.

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