REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
MARIKINA CITY, BRANCH XX

PEOPLE OF THE PHILIPPINES,

Plaintiff, Criminal Case No. XXXXX

-versus- For: Violation of Section 1 (a) (1)

of PD 1602
Accused.
X------------------------x
COUNTER-AFFIDAVIT

I, XXXXX, 33 years old, Filipino, single and a resident of XXXXX

Kingsville Subdivision, Antipolo City, after having been duly sworn to in
accordance with law, do hereby depose and say:
1. That I am the same XXXXX accused in the criminal case for Violation of
Section 1 (a) of PD 1602;

2. That I am executing this counter-affidavit to refute the allegations of Pat.

XXXX and XXXXX in their Joint Affidavit of Complaint;

3. That Pat. XXXX and Pat. XXXXX are guilty of lying under oath in their
statements in order to justify their wrongful arrest of my person;

4. That on September 11, 2022 around 10pm I arrived at XXXX Hacienda

Heights, Concepcion Dos, Marikina City. This is a place I have frequented
in the past, especially when I am hungry as they provide free food, drinks
and wifi in exchange for filling the room and entertaining others;

5. That after greeting some friends, entertaining other guest and having a meal
I proceeded to enter on of the guest rooms around 11pm and played mobile
legends on my phone until such point I grew bored and watched Netflix
instead. I was in bed doing such when someone entered the room grabbed
me harshly into the living room without any explanation whatsoever;

6. That I was caught off guard and shocked by the physicality of the agents
and by the fact I did not know what was happening, only after sometime
was it explained what was going on;

7. That the officers said I was being arrested for illegal gambling, I reminded
them that I was pulled out of the room and was not playing at any time at
all, to which they responded explain it to the prosecutor if your innocent
they will let you go;

1
 8. That I deny the Complainants allegations that I was caught around a poker
table with six others for as I already explained I was dragged to the living
area of the house.

9. That I deny the Complainants allegation that I was one of the players with
money in the Php 27,400.00 combined pot. I make close to Php 5,000.00 a
month doing odd jobs. I go there because I have no money and they give free
food and drinks to entertain others and not because I have money play,
which again I don’t have any to spare;

10. That I admit to being friends withXXXXto whom I am very grateful for,
since he has introduced me to the said place, which allows me to have free
meals around two (2) to three (3) times a week;

11. That we were then detained without any warrant shown and transported to
the police station without any Miranda Rights being given to us nor were
we allowed to speak to a prosecutor in a process called an inquest
proceeding;

12. After speaking with my fellow accused, I was informed XXXXX found out
there was no warrant either for searching or arresting on the record of the
case with the Court, and the raid done was illegal without such.

WHEREFORE, premises considered, it is most respectfully prayed that the

instant complaint de dismissed for clear violations of the Constitution for not
having the proper warrants present.
Other reliefs just and equitable are also prayed.
April ____ 2023 at Marikina City, Metro Manila

XXXX
Accused/Affiant