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Republic of the Philippines

Department of Justice
National Prosecution Office
OFFICE OF THE CITY PROSECUTOR
Zamboanga City

People of the Philippines, I.S No. 111891

Complainant,

-versus- -for-

Diosdado A. Catumbal, Violation of Sec 5 & 11 of Article 2 of

Respondent. R.A. 9165 (Selling and possession of
Dangerous Drugs)

COUNTER-AFFIDAVIT

I, DIOSDADO A. CATUMBAL, Filipino, of legal age, married, and a resident of House 2,

Kapuyatan Subdivision, Brgy. Recodo, Zamboanga City, after having been duly sworn in
accordance with law, hereby depose and state that:

1. I was charged by PDEA team leader VENERANDO C. PULIDO for violation of Sec. 5 & 11
of Art. 2 of RA 9165 (Illegal Selling and Illegal Possession of Dangerous Drugs);

2. I did not sell and possess drugs and I vehemently deny all the allegations that he has
stated on his complaint-affidavit. There is no truth to the charges being levelled at me.
The statement of the complainant and the witnesses are full of lies and were meant to
incriminate me for the acts I have not committed.

3. On May 22, 2017, the day of my arrest, I was framed by Romualdo A. Asido who, after
approaching me to buy a cigarette, asked for a lighter and as I looked for it, he told me
that he had one in his pocket and asked me to light it for him. Then everything
happened so fast and suddenly other men surrounded me.

4. Said PDEA team arrested me without notifying me of the charges against me and I was
not informed of my Miranda Rights. When we reached the PDEA office, Asido extorted
money from me in the sum of Two Hundred Thousand pesos (P200,000.00) in order for
them to drop the case. But, since I had no money, I did not give them any money.

5. The facts on the complaint- affidavit that MacarioTali has made against me were merely
fabricated stories because of a personal grudge which arose from rumors circulating
around the neighborhood that I had illicit relations with his wife, Prie Damm Tali.
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6. That I have been residing in House 2, Kapuyatan Subdivision, Brgy.Recodo, Zamboanga

City and owns the “Dodong’s Store” since 2015 and have maintained a peaceful and
harmonious relationship with my neighbors.

7. That during my entire stay in the community, I was never accused nor convicted of any
violations or alleged offense, nor was I reported for a bad behavior. I was born and
raised in this community and this is the first time that I was accused of something illegal.

8. On November 2016, Prie Damm Tali’s debts started accumulating. On or about

November 16 that same year, she requested for an extension in the payment of her
debts. I noticed a bruise on her right arm, I asked her about it and she started crying. I
comforted her and granted her request of extending her payment. We then often times
see each other in my store, where she would confide to me about the maltreatments
and physical and verbal abuse she received from her husband and she would ask for my
advice.

9. On 24 December 2016, on or about 4:00 in the afternoon, Prie bought ingredients for
their Noche Buena, I generously offered to help her carry the commodities to the Tali’s
residence, but when we got there, I saw how Macario looked at me and he harshly
pulled Prie inside the house. He pointed his finger at me and shouted “Numa ya bo
atraka na miyo mujer. Mira pa yo de bo kara. Maskin de bo nana hinde ya konose
kombo.” He then slammed the door shut and I heard Prie crying.

10. My encounters with Prie after that incident were limited to her weekly visits to purchase
foodstuffs and groceries in my store. The rumors still continued and Macario kept a
close watch over his wife. He continuously harmed her physically and inflicted
psychological and emotional pain.

11. On February 23, 2017, I rushed Prie to the hospital because I noticed that her bruises
were getting worst. We thereafter bought the medications that Dr. Felicia Lacamen-
Laruan prescribed.

12. I did not mind the rumors spreading all throughout the neighbourhood because I have
no ill intentions, although I felt uncomfortable with it since Macario was constantly
eyeing me every time he passed by my store.

13. However, on or about 21 May, 2017, at around 9:45 PM, while I am tending the store,
Barangay Tanod Tali and his friends came and occupied one of the tables in front of my
store which they have been usually doing every week for the past year. Barangay Tanod
Macario Tali asked me to serve 5 bottles of beer for all of them. Around 11:00 PM, he
was so drunk by then and he accused me of being a wife stealer. After that, he pushed
me, flipped the table and shouted “marka bo este dia”. Pedro who was drinking with
them told me to just let it pass and that the Barangay Tanod will just pay tomorrow.
But, he never paid.
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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 28th of May, 2017, in
Zamboanga City

DIOSDADO A. CATUMBAL
Accused/Affiant

SUBCRIBED AND SWORN TO before me this __________________ at Zamboanga City,

Philippines.

______________________________________
Asst. City Prosecutor Ricardo Walakang Laban

CERTIFICATION

This is to certify that I personally examined the herein affiant and I am fully satisfied that
he voluntarily executed and understood the contents of his Counter-Affidavit.

______________________________________
Asst. City Prosecutor Ricardo Walakang Laban