Republic of the Philippines)

Province of Catanduanes )
Municipality of Virac ) S.S.
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COUNTER AFFIDAVIT

I, RICHARD DE LEON y EUGENIO, of legal age, married, and a resident of Sitio

Layog Bunga, Tariwara, Pandan, Catanduanes, having been duly sworn in accordance
with law, hereby depose and state:

1. That I am one of the respondents in the complaint for VIOLATION OF SECTION

68, P.D. 705 AS AMENDED BY E.O. 277 SERIES OF 1987 AND
RENUMBERED BY R.A. 7161 filed before and entered in the docket of the
Provincial Prosecution Office, Virac, Catanduanes, as NPS No. V-II-INV-14B-
00019.

2. I categorically deny that, at or about 2:00 in the morning of February 7, 2014, I

was at San Roque St., Pandan, Catanduanes with the other respondent,
EUGENE EUGENIO y SAN JUAN (EUGENE), and committed also the crime
charged by allegedly possessing and transporting via 6 Wheeler Truck bearing
Plate No. ZLB-438, 44 pieces PMG assorted lumber materials.

3. It is highly improbable that at that time, I was in said place at San Roque St.,
Pandan, Catanduanes, when in fact I was already in my deep sleep with my
spouse in our house in Sitio Layog Bunga, Tariwara, Pandan, Catanduanes , far
away from the alleged scene of the crime in San Roque St., Pandan,
Catanduanes. And I came to know the incident only when I was subpoenaed by
the Honorable Prosecution Office.

4. There is no reasonable ground to believe that I am probably guilty of the offense

charged and, thus, I should be indicted also thereof and held for trial. It clearly
appears even from the allegations in the affidavit of arrest and other documents
supporting the complaint that I have no participation whatsoever in the
commission of the offense charged. I was not even positively identified by the
police authorities or by any other person that I was also present in the area when
the incident happened. It was not clearly shown “ who was investigated and how
the investigation was accordingly conducted ” that led the investigators to believe
that I was indeed among EUGENE’s companion who immediately ran away
going to unknown direction. The complaint states that the incident occurred at
2:00 in the morning, hence, it is probable that it was dark in the place, the nearby
residents were already sleeping and no one who may have personal knowledge
of my identity from the area may have witnessed the incident and those who
allegedly ran away.

5. It is malicious, unjust and oppressive on my part to be indicted also of the offense

charged and consequently dragged to court for trial on the basis of a bare and
baseless allegation that I was accordingly identified as EUGENE’s companion
“after investigation” without elaborating the details and manner of conducting the

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 same, considering that in the STATEMENT OF APPREHENDED PMG LUMBER
MATERIALS, ON-SITE RECORD, ON-SITE REPORT and APPREHENSION
REPORT, as supporting documents of the complaint, it clearly appears that only
EUGENE EUGENIO y SAN JUAN was named therein as the person caught in
possession of the subject lumber.

6. Thus, I am executing this affidavit to attest to the truth of the foregoing,

SPECIFICALLY, FOR THE DISMISSAL OF THE INSTANT COMPLAINT FOR
LACK OF SUFFICIENT BASIS TO SHOW THAT A PROBABLE CAUSE EXISTS
TO INDICT ME ALSO OF THE CRIME CHARGED.

IN WITNESS WHEREOF, I have set my hand this 1 st day of April, 2014 at Virac,
Catanduanes, Philippines.

RICHARD E. DE LEON
Respondent – Affiant

SUBSCRIBED AND SWORN to before me this 1st day of April, 2014 at Virac,
Catanduanes. I hereby certify that I have examined the Affiant and that I am fully
satisfied that he has voluntarily executed and understood the contents of this Affidavit.

_____________________

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