Republic of the Philippines )

City of Cagayan de Oro ) S.S

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COUNTER AFFIDAVIT

I, PCMS INIEGO T OBLIOSCA JR, of legal age, single, with City

Adress in Zone 13, Carmen, Cagayan de Oro City, member of Cagayan de
Oro City Police Office, presently assigned at Police Station No.1 OKK
designated as Warrant Tracker after having been duly sworn to oath in
accordance with law do hereby depose and say;

1. That I am the person administratively charged by PCAPT Wilfredo C

Uba Jr of legal age, a Chief of City Logistics Resource and
Development Unit(CLRDU) of Cagayan de Oro City Police Office;

2. That I am in more than twenty years in PNP service, I was never

convicted for an administrative offense charged and also designated
as Tracker team leader;

3. That I strongly deny and I did not commit Grave Misconduct and
Grave Dishonesty arising from the incident of Loss of my issued
firearm at my residence in #407C, Springside La Familia Apartment,
Zone 13, Carmen, Cagayan de Oro City;

4. That on August 11, 2023 at around 5:00 AM that I wake and noticed
that my door was opened and saw a man looks familiar then I
shouted” Nag unsa ka deri sulod sa akong kwarto, animal ka dugay ra
tika gipangitah” then the suspect fled the room then I chased him but I
lose my sight to him in the downstairs while realizing that the suspect
is armed and dangerous then I proceeded back to my Apartment
room and check that he taken my firearm and cash money then I call
to Police Station 4 and asked for immediate assistance;

5. That because of that Robbery Incident some neighbors in the

Building Apartment alarms and person named Rashard Berin Roxas
saw the person I chased is the person I described who took away my
issued Firearm and cash money;

6. Upon arrival of the responding Police Officers of Station 4, we conduct

hot pursuit operation for immediate arrest of the suspect but sad to
say the suspect cannot be located;
7. After exerted effort to locate the said suspect I went to PS4 station for
proper recording and documentation of said incident;

8. Then after recoding I and the inter Operatives of Station 4 conducted

continuing follow up operation for possible arrest of the suspect but
still suspect cannot be located;

9. Then on August 18, 2023 the Theft case was duly endorsed at
Prosecutors Office, Cagayan de Oro City already subscribed and
received on same date (August 18 2023) at around 3:37 PM with NPS
DOCKET Number X-06-INV-23H-01456 which is so far the final
resolution is waiting come as per follow up in the Office of City
Prosecutors Office, CDOC in hotline number 0917 304 8556;

10. That the Office of Station 4, Carmen, Cagayan de Oro City were
waiting for information and resolution of the case. Then case for
THEFT was considered solved marked as Annex A;

Facts of the case of Investigation Report of Police Station 4

11. That the Facts of the case in the Investigation Report of Police
Station 4 clearly states that the suspect gaining entrance of the main
door by using a tool to unlock the padlock which implies the elements
of Robbery;

12. The Cause of Loss was neither from my gross negligence or fault but
due to an incident robbery perpetrated by Ariel John Ombreso aka
“Jan Jan Labial” who took advantage in gaining entrance of my main
door and stole my cash and the subject matter of the case, my issued
Firearm;

13. Due to the result of the investigation conducted by PS4, a criminal

case was filed now waiting for final resolution. Criminal Actions in
Fiscal level are now filed on the basis of prima facie evidence and
reasonable certainty of conviction, not anymore on mere probable
 cause. Hence the Theft case I filed in City Prosecutors Office was
successfully received not undergoing case build up hence my
evidence presented is strong;

14. Thus, considering the Investigation Report of Police Station 4 and the
successful case of Criminal complaint a theft case was received and
process filed in City Prosecutors Office hence the case considered
solved whom I believed the element of Robbery circumstance of force
upon things was present. It was erroneous on the part of the
complainant Sir Uba to indict me for the offence of Grave Misconduct
arising from an alleged Deliberate or Gross Negligence, Lost
Government Property entrusted to me for official use. Be it
reminded that the incident happened in side my residence a fortified
and highly secured and fence community. Thus, me is comfortable to
the security of my belongings that are secured inside my Apartment
Unit 407C Springside Pamilya Apartment;

15. Hence, considering that the loss was caused by a crime of Theft
whom I believed it was a Robbery perpetrated by Ariel John Ombreso
aka “Jan Jan Labial” such incident loss may be considered as a form
of force majeure or fortuitous event which under the law, could exempt
the victims from any obligations arising from the item or thing that was
stolen which on this case my issued firearm. In Southeastern College
v. CA, the Supreme Court held that “fortuitous events maybe
produced by two general causes; (1) by nature, such as earthquakes,
storms, floods, epidemics, fire.etc. and (1) by the act of man, such as
armed invasion, attack by bandits, governmental prohibitions, robbery,
etc.”;

16. Article 1174 of the New Civil Code, provides that Except in cases
expressly specified by Law, or when it is otherwise declared by
stipulation or when nature of obligation requires the assumption
of risk, no person shall be responsible for those events which
could not be foreseen, or which, though foreseen, were
inevitable. Since this Law is considered to be included by legal
implications in the NAPOLCOM Memorandum Circular no. 2016-002
due to its silence of such provision, it only poses that the respondent
could not be held liable either administratively or civilly for the loss of
Firearms stolen by Ariel John Ombreso aka “Jan Jan Labial” since
there was no negligence on my part to secure such government
property inside my Apartment room and within the community secured
by Fence and Security Guard. A residential Apartment Units Acquired
thru PAG IBIG Government financing;

17. That I have good asleep for the whole night because I off all lights
inside my room thinking the dark home suit for much tired of my task
 as Warrant Tracker then I take medicine for allergic Rhinitis Citirizine
due to extreme heat while conducting surveillance of our target which
the perpetrator. Ariel John Ombreso aka “Jan Jan Labial” took
opportunity in gaining to destroyed the door knob and attaining his
goal for theft;

18. Misconduct as it being complaint against me is defined as the

“intentional wrongdoing or deliberate violation of a rule of law or
standard of behavior. To constitute an administrative offense,
misconduct should relate to or be connected with the
performance of the official functions and duties of public officer .
In grave misconduct, as distinguish from simple misconduct , the
elements of corruption, clear intent to violate the law, or flagrant
disregard of an established rule must be manifest. In my
administrative case was no law, instruction, guidelines or standard
that have been violated in order for me to be charge with such
complaint. In fact, in the Criminal case I filed in City Prosecutors
Office, I am the victim that lost a firearm from the culprit of Theft Ariel
John Ombreso aka “Jan Jan Labial” Acts. Further despite the fact that
I cannot be prosecuted for Malversation since there was an attendant
fact the thing lost were duly secured inside my Apartment room. I still
bear the cost of paying the Book Value of the firearm lost after I
requested from the Commission on Audit the relief of my
ACCOUNTABILITY for loss of Firearm already process in order to
relieve of the liability in the said loss firearm;

19. In the complaint of Sir Uba to quote:

“ “

It is very True that I was in good sleep because of too much tired and
the sickness Rhinitis but it does not mean that I cannot wake up.
Citirizine is not a sleeping pills it only has a side effect of inducing a
sleep. My Apartment is my place for sleep and normally 5:00 AM will
disturbed me because my Phone will alarm but I did not so perceive
the alarm of my phone. That I am normally awaken in 5 AM because
that my normal wake and possible of the alarm. I perceived when the
shine light I saw with the suspect near my main door;

20. In my Explanation to notarized in August 30, 2023 to quote:

 “
“

As long as the testimonies of the witnesses corroborate one another on

material points, minor inconsistencies therein cannot destroy their
credibility. Inconsistencies in minor details do not undermine the integrity of
prosecution witness. I did not say in my Affidavit of Explanation that I did
not saw the Perpetrator inside my room in fact I saw near the open main
door that’s why I conducting hot pursuit since the Perpetrator is very
familiar to me searching his profile in PS7 Bulua together with the other
burglar Janjan Emano that resulted to Accomplishment of Police Station 1
Warrant Tracker team arrested Leo A. Nazareno last May 16, 2023 in
Violation of Anti Fencing Law in Criminal Case number R-CDO-2021-03714
a result from a Crime of Robbery in Criminal Case number R-CDO- 2021-
04182-CR happened in my Kapitbahay at Building D room 207 owned by
Victim Mr. Vicente M. Rubin of Phividec Industrial Authority;

21. Supreme Court of the Philippines ruled that it is oft repeated that
affidavits are usually abbreviated and inaccurate. Oftentimes an
affidavit is incomplete, resulting in its seeming contradiction with
declarant’s testimony in Court. Generally, the affiant is asked standard
questions, coupled with ready suggestions intended to elicit answers,
that later turn out not to be wholly descriptive of the series of events
as the affiant knows them. Worse, the process of affidavit- taking may
sometimes amount to putting words into the affiant’s mouth, thus
allowing the whole statement to be taken out of context. In this case
hence either Malversation, Theft, Robbery or Perjury is a crime that
Supreme Court Ruling is applicable;

22. That my Affidavit of Complaint and the Affidavit of Explanation had

no intentions to fabricate an alibi about the truthfulness of losing my
Firearm and I did not provide false Testimony much I did not create
fake scenarios to justify the incident hence this allegation is
Erroneous and Malicious destroying the credibility of the Case
already filed in City Prosecutors Office;

23. Further, in this case, the Perpetrator Ariel John Ombreso aka “Jan
Jan Labial” was positively identified corroborated by other witness as
a Perpetrator, again, Philippine Supreme Court said, this is the critical
point, not the inconsistences that the petitioners repeated refers to,
which carry no direct bearing on the crucial issue of the identity of the
perpetrator of the crime. Indeed, the inconsistencies refer only to
minor details that are not critical to the main outcome of the case,
Affidavit of Explanation is attached as ANNEX B;
 24. In this case of loss of my issued firearm the Theft or even Robbery
was established and its elements define in PNP Manual of
Investigation 2011 was fully meet and the Investigator of the Case,
PMSG Hernan V Abalde faithfully doing his Duty as Investigator on
Case. On the issues Why Assistance of Regional Forensic Unit is
absent? It was the Investigator of the Case who process the Crime
Scene since the suspect was identified, the loss property and the
manner how he entered the private building was established
assistance of Regional Forensic Unit 10 is not needed whom I agreed.
IOC can be a SOCO as a Police Duty;

25. Substantial Evidence “more than a mere scintilla, It means such

relevant evidence as a reasonable mind might accept as adequate to
support a conclusion” (Richardson v. Perales, 402, U.S 389,401)
Substantial Evidence is not synonymous with any evidence. To
constitute sufficient evidence substantially to support the verdict the
evidence must reasonable in nature, credible and of a solid value it
must be actually be substantial proof of the essentials which the law
requires in a particular case (Estate of Teed (1952) 112 Cal App 2d
638, 644[citations] (Kruse v. Bank of America (1988)202 Cal App. 3d
38, 51-52);

26. Victims of groundless suit suffer not only the ghost of mental anguish
and wounded but also the collapse of my dreams that someday I get
retired I have plan of since entering the organization. Hence the
dictate of fairness and sense of justice have compelled the court with
approval and consistency of the dictum of ancient responsibility that it
is better to let the guilty go scot –free than to convict an innocent
person. (Pp. v. Melecion, G.R no. 121902, March 26 2001);

27. That I am Executing this Counter Affidavit as answers to the

accusation of Grave Misconduct and Grave Dishonesty of the
complaint of PCAPT Wilfredo C Uba Jr of the City Logistics Resource
and Development Unit(CLRDU) of Cagayan de Oro City Police Office
against me and prayed of same for its dismissal for lack of merit and
without basis;

IN WITNESS HEREOF, I hereby affix my Signatures this 20th day of

November 2023 at Cagayan de Oro City, Philippines.

PCMS INIEGO T OBLIOSCA JR, LPT, MSCRIM

(affiant)

SUBSCRIBED AND SWORN to before me this ___ day of November 2023 at Cagayan de
Oro City, Philippines, Philippines and I hereby certify That I personally examined the herein
affiant and I fully convinced that she really executed this affidavit base on her personal
knowledge, freely and voluntarily and fully understand the whole content herein.

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