Republic of the Philippines

DEPARTMENT OF JUSTICE
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Tagum City, Davao del Norte

PNP-TAGUM CITY POLICE STATION

REP. BY: PMSG JASPER A. PANANGCOD,
PSSG HASHOUBA B. SHARIFF,
PSSG WILTHER B. MARANGA and
PSSG JAKEMAR D. WAGA
Complainants NPS Docket No.
XI-09-INQ-21E-195

For: Violation of R.A 11332,

R.A 10591, R.A 11232 and PD
1869

-versus-

JERRY GAMAS
ALFREDO AGTON, JR.
MICHAEL SANDIG
KENNETH T. MARTINEZ
JUDAY PARRO GOMEZ
ROY T. VELASCO
BENJIE ALMANON
JULIUS DIMPAS JAMIN
ANTHONY VIOLA ABARICO
BILFORD V. CUABO
MEDELYN T. CUABO
JERSON BERENGUE ALOLOD, JR.
BHART JETHANAND PAYANI,
ASMEN B. LABRADOR
MARCEL M. SALAZAR
MESHUE G. YBANEZ
HAZEL MARIE VIOLA
NOERME D. USARES
DORREN JUEVESANO ALIPAN
ENERIO VELARDE RODRIGO
HIPOLITO B. LAGO, JR. and
ALMER O. DIZON
Respondents.

JOINT COUNTER-AFFIDAVIT
 WE, ALFREDO AGTON JR., MICHAEL SANDIG,
KENNETH T. MARTINEZ, BENJIE ALMANON, JULIUS DIMPAS
JAMIN, ANTHONY VIOLA ALBARICO, MEDELYN T. CUABO,
JERSON BERENGUEL ALOLOD JR., BHART JETHANAND
PASYANI, ASMEN B. LABRADOR, MARICEL M. SALAZAR,
MESHYLE G. YBANEZ, HAZEL MARIE VIOLA, and JUDY ANN
PARRO GOMEZ, ALL of legal age, Filipino, whose respective civil
status and addresses are stated below,
ALFREDO AGTON JR. Married, Sta. Cruz, Davao del Sur
MICHAEL SANDIG Roxas, Cotabato City
KENNETH T. MARTINEZ Mlang, South Cotabato
BENJIE ALMANON Polomolok, South Cotabato
JULIUS DIMPAS JAMIN Single, Prk. Carig, Mankilam, Tagum City
ANTHONY VIOLA ALBARICO Married, Cagayan de Oro City
BILFORD V. CUABO Married, Ising, Carmen, Davao del Norte
MEDELYN T. CUABO Married, Ising Carmen, Davao del Norte
JERSON BERENGUE ALOLOD JR Married, Polomolok, South Cotabato
BHART JETHANAND PASYANI Married, Prk. 1, Puerto, Cagayan de Oro
ASMEN B. LABRADOR Married, Magugpo North, Tagum City
MARCEL M. SALAZAR Married, Magugpo, Tagum City
MESHUE G. YBANEZ Married, Magugpo, Tagum City
HAZEL MARIE VIOLA Single, Lasaca, Hinatuan, Agusan Del Sur
NOERME D. USARES Married, Mawab, Davao de Oro
DORREN JUEVESANO ALIPAN Married, Tagum Citry
JUDAY PARRO GOMEZ Single, Surigao del Sur

after having been sworn to in accordance with law hereby

depose and state THAT:

1. We are among the Respondents in this case for alleged

violation of R.A 11332, R.A 11232, and P.D 1689
(erroneously typed as P.D 1869 in the subpoena), although
as per affidavit of complaint, complainants were filing this
instant case only for R.A 11332 (Law on Reporting
Communicable Diseases) and R.A 11232 (Revised
Corporation Code). P.D 1689 for syndicated estafa was not
included.

2. The Respondents hereby submit this Counter-Affidavit in

compliance with the Subpoena issued by the Deputy City
Prosecutor Roman P. Bondaon dated May 28, 2021.

3. We have read and understood the allegations in the

Complaint and we categorically deny all of these allegations,
the truth of the matter is narrated in this counter-affidavit.

THE ARREST EFFECTED ON THE RESPONDENTS ON

MAY 26, 2021 IS PATENTLY ABUSIVE AND ILLEGAL.
4. Respondents are members of International Tribal Common
Wealth Kingdom Ministry, Incorporated (“Kingdom Gospel”
for brevity), a religious organization duly registered with the
Securities and Exchange Commission and with the Bureau
of Internal Revenue. Attached herewith are copies of SEC
Certificate of Incorporation, BIR Certificate of Registration,
Articles of Incorporation, and Affidavit of Affirmation marked
as Annexes “1” to “4” respectively.

5. On May 26, 2021, personnel of Tagum City Police Station

conducted a raid on the respondents while the latter were
doing worship at their rented space in a building located in
Pioneer Ave., Brgy. Mankilam, Tagum City, Davao del Norte.

6. Police personnel raided the place of worship without any

warrant of arrest nor a search warrant. Thus, the arrest was
clearly illegal and a show of an abusive law enforcement.

7. Warrantless arrest is allowed by law under the

circumstances stated in Section 5, Rule 113 of the Revised
Rules of Court, viz:

Sec. 5. Arrest without warrant; when lawful. – A peace

officer or a private person may, without a warrant, arrest a
person:

(a) When, in his presence, the person to be arrested has

committed, is actually committing, or is attempting to commit
an offense;

(b) When an offense has just been committed and he has

probable cause to believe based on personal knowledge of
facts or circumstances that the person to be arrested has
committed it; and

(c) When the person to be arrested is a prisoner who has

escaped from a penal establishment or place where he is
serving final judgment or is temporarily confined while his
case is pending, or has escaped while being transferred
from one confinement to another.

In cases falling under paragraphs (a) and (b) above, the

person arrested without a warrant shall be forthwith
delivered to the nearest police station or jail and shall be
proceeded against in accordance with section 7 of Rule 112.

8. In this present case, the circumstances enumerated in the

above-quoted provision are absent, thus, there was no legal
 basis for the complainants to effect warrantless arrest over
the person of the respondents.

9. Respondents who are members of Kingdom Gospel were

doing worship when police personnel suddenly barged inside
the room and arrested everyone found thereat.

10. Police personnel made it appear that the warrantless

arrest was on the occasion of entrapment, hence,
respondents were caught in pari delicto.

11. Stated in paragraph 1 of the Joint Affidavit of

Complaint, the entrapment was conducted pursuant to the
complaint filed by a certain Jane Elonah R. Aninon and
Carlos M. Padilla who were donors of Ministry KAPA way
back in 2019. Allegedly, KAPA is represented by Kingdom
Gospel

12. The above allegation that KAPA is represented by

Kingdom Gospel is without proof. This allegation is reckless
and malicious. KAPA is not in any way related to Kingdom
Gospel as the latter has its own juridical personality as
shown by its SEC Registration and Articles of Incorporation.
In fact, there is no single document attached to the Joint
Affidavit of Complaint that would show the relation or
connection of KAPA and Kingdom Gospel. The only
document attached are copies of the Deed of Donation form
from KAPA indicating the names of Aninon and Evelyn G.
Padilla as donors in favor of KAPA. Again, nothing in the
said document would show the connection of KAPA and
Kingdom Gospel. Also, the date of the alleged donation is
February 5, 2019.

13. Worthy to note also is the allegation of the

complainants (paragraph 2 of the Joint Affidavit of
Complaint) that they received a complaint from two KAPA
donors. However, the Joint Affidavit of Complaint was only
executed on May 27, 2021 – a day after the conduct of the
warrantless arrest. Thus, there was really no complaint to
speak of that prompted them to conduct an entrapment. If
ever there was a complaint, the same was verbal, unverified
and uncorroborated by any evidence.

ACTIONS OF THE RESPONDENTS IN HEARING THE

BIBLICAL WORDS SPOKEN BY THEIR PASTOR IS NOT
AN OFFENSE IN ITSELF, HENCE, WARRANTLESS
ARREST IS NOT JUSTIFIED.
14. Also, even granting arguendo that there was indeed a
complaint. Still, to conduct an entrapment is illegal since the
actions of the respondents pursuant to their way of worship
is not in itself an offense. Respondents were arrested
while hearing biblical words spoken by their pastor.

15. Complainants alleged that respondents were caught in

the act of soliciting and accepting pledges. Even if true, still,
the said actions of the respondents are not in themselves an
offense. Hence, they could not be arrested based on the
said actions. Note that giving pledges or tithes is a common
practice and an indispensable part in a religious
organization.

16. If indeed there was a complaint filed before their office,

complainants should have assisted the complainant to file
criminal action before the Office of the City Prosecutor or
apply for a search warrant before the Court so that they
could search the premises of the Kingdom Gospel.
Warrantless arrest could not be effected since there was
even no offense to speak of in the first place.

17. It is not within the power of the police personnel to rule

that the activities of Kingdom Gospel is a scam and proceed
immediately in the conduct of the warrantless arrest since
the act of pledging as part of religious worship is not in itself
an offense. Jurisprudence tells us that in estafa cases, it
must be shown that the words and/or actions of the accused
were the very cause of the damage. It must be shown that
those words and/or actions were the moving factor why the
complainant parted away with their money. Nothing to that
effect was shown in the instant complaint.

IN COMPLAINTS FOR ESTAFA, THE ELEMENT OF

DECEIT AND DAMAGE MUST BE SHOWN TO
ESTABLISH PROBABLE CAUSE FOR INDICTMENT.

18. We cite Article 315 2(a) of the Revised Penal Code

which provides:

“Article 315. Swindling (estafa) – Any person who shall

defraud another by any of the means mentioned herein
below shall be punished by:

Xxx
 2. By means of any of the following false pretenses or
fraudulent acts executed prior to or simultaneously
with the commission of the fraud:

(a) by using fictitious name, or falsely pretending to

possess power, influence, qualifications, property,
credit, agency, business or imaginary transactions, or
by means of other similar deceits.

(b) x x x

19. Syndicated estafa is swindling in relation to Sec. 1,

PD 1689. The said provision states:

“Section 1. Any person or persons who shall commit estafa

or other forms of swindling as defined in Article 315 and 316
of the Revised Penal Code, as amended, shall be punished
by life imprisonment to death if the swindling (estafa) is
committed by a syndicate consisting of five or more persons
formed with the intention of carrying out the unlawful or
illegal act, transaction, enterprise or scheme, and the
defraudation results in the misappropriation of money
contributed by stockholders, or members of rural banks,
cooperative, "samahang nayon(s)", or farmers association,
or of funds solicited by corporations/associations from the
general public.”

20. In this case, the complaint is bereft of any specific

allegation on how Kingdom Gospel deceived Aninon and
Carlos Padilla who were allegedly donors of Kapa.

21. In estafa cases, it must be shown that the words

and/or actions of the accused were the very cause of the
damage. It must be shown that those words and/or actions
were the moving factor why the complainant parted away
with their money and consequently suffered damage.
Complaining witnesses Aninon and Carlos Padilla could not
prove these since even in their affidavits, they alleged
therein that it was members of the KAPA whom they
allegedly invested with their money. Police personnel could
not just arrest members of Kingdom Gospel on a mere belief
that they are representatives of KAPA nor on the basis of in
flagrante delicto since again, soliciting pledges by a religious
organization is not an offense in itself.
 FOR ALLEGED VIOLATION OF R.A 11232 (REVISED
CORPORATION CODE), COMPLAINTS ARE TO BE
FILED WITH THE SECURITIES AND EXCHANGE
COMMISSION.

22. Section 154 of R.A 11232 states, viz: .

Investigation and Prosecution of Offenses. - The

Commission may investigate an alleged violation of this
Code, or of a rule, regulation, or order of the Commission.

The Commission may publish its findings, orders, opinions,

advisories, or information concerning any such violation, as
may be relevant to the general public or to the parties
concerned, subject to the provisions of Republic Act No.
10173, otherwise known as the "Data Privacy Act of 2012",
and other pertinent laws. (underscoring supplied)

23. Hence, based on the aforecited provision, complaints

for alleged violation of the Revised Corporation Code should
be filed to the Securities and Exchange Commission and not
before this Honorable Office of the City Prosecutor.

PRAYER
With the foregoing, hereby respectfully prays unto the Office
of the City Prosecutor of Tagum City to dismiss this instant
Complaint as the evidence against them is insufficient and
inadmissible.

IN WITNESS WHEREOF, we have set our hands this

___________ 2021 in ___________, Philippines.

NAMES

ALFREDO AGTON JR.

MICHAEL SANDIG

KENNETH T. MARTINEZ

BENJIE ALMANON

JULIUS DIMPAS JAMIN

 ANTHONY VIOLA ALBARICO

JERSON B. ALOLOD JR.

BHART J. PASYANI

ASMEN B. LABRADOR

MARICEL M. SALAZAR

MESHYUE G. YBANEZ

HAZEL MARIE VIOLA

JUDY ANN PARRO GOMEZ

SUBSCRIBED AND SWORN to before me this ______ 2021

at __________, Philippines. I hereby certify that I have personally
examined the affiants and I am personally convinced that they
understood the contents of the said Counter-Affidavit and that they
executed the same freely and intelligently.

Copy furnished:

PNP-TAGUM CITY POLICE STATION

REP. BY: PMSG JASPER A. PANANGCOD,
PSSG HASHOUBA B. SHARIFF,
PSSG WILTHER B. MARANGA and
PSSG JAKEMAR D. WAGA
Complainants