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AQUINAS UNIVERSITY COLLEGE OF LAW

LEGAL FORMS
COUNTER AFFIDAVIT
ILLEGAL SALE OF PROHIBITED DRUGS
BASANTA, DECLARO, NAVALES-LIM, BONGALON, &
GAVIOLA

Republic of the Philippines


OFFICE OF THE PROSECUTOR
City of Legazpi
PEOPLE OF THE PHILIPPINES,
Complainant,
-versus-

CRIMINAL CASE NO. 1234567


FOR: Illegal Sale of Prohibited
Drugs

ALDUB YU
Accused,
x-----------------------------------x
COUNTER-AFFIDAVIT
I, ALDUB YU, of legal age, single and a resident of Brgy. Rawis,
Legazpi Citty, with assistance of counsel, do hereby state under oath that:
[1] I was born and raised in Sitio Napikot, Brgy. Maulawin, Lukban,
Quezon Province, and spent most of my life thereat as an errand boy since I
was uneducated.
[2] Recently I decided to relocate to Brgy. Rawis last March of 2015 and
made my ends meet by selling pancakes in my mobile stall despite my
difficulty with the local dialect.
[3] In January 1, 2016, I was introduced by another person I know only
as Mike which haled from by birthplace to a certain friend Frankie, who
introduced himself as an agent of the local police force. He informed me that
he was in need of other confidential agents to help him pin down a notorious
drug dealer he referred to as Tito Zen, who was also from the town of
Lukban.
[4] He alluded that I may help him since Tito Zen was my regular
customer, however, I refused his offer as I am fearful of the possible
repercussions that I might encounter.
[5] Thereafter, Frankie frequented my stall, urging me to help him in
bring down the said drug dealer by conducting for him a test buy. After
several visits and urgings, I eventually consented.
[6] On January 19, 2016, I was approached by Frankie and with him
were several men I could not identify. He then handed me a two hundred
peso bill and said something in the local dialect which I could not
comprehend as it was uttered fast. I was assuming that he was buying
pancakes and thus I pocketed the money and asked how much worth of
pancake he was buying.
[7] I was immediately seized by Frankies companions who yelled
orders in the local dialect which I did not understand much. What I could
comprehend was that they were identifying themselves as police officers.
They frisked me and produced something which I have never seen before nor
was of my possession. It was in an ice candy wrapper and they told me it was
illegal drugs.

[8] Aghast and reeling from the arrest and embarrassment, I just kept
silent as I was taken to the PNP Headquarters, where I was investigated
without counsel the while under custody. The police then filed a case against
me for Illegal Sale of Prohibited Drugs on 19 January 2007 before the Office
of the City Prosecutor for Legazpi City.
[9] There is no truth to the allegations in the said complaint. There is
no factual nor legal basis to charge me with Illegal Sale of Prohibited Drugs.
The Complaint must be dismissed.
[10] It cannot be gainsaid that what has transpired was a case of
instigation, it being an absolutory cause, the prosecution could not hold me
liable for estafa when all that I did was to agree to help a confidential agent
of the PNP.
[11] For this reason, it is certainly procedurally impaired that I should
stand accused of Illegal Sale of Prohibited Drugs. I performed no act of
selling illegal drugs, insofar as in instigation there was no intent to
perpetrate the crime on my part.
[12] Considering the foregoing, I respectfully submit that there is no
prima facie basis to conclude that the crime of Illegal Sale of Prohibited
Drugs or that any crime at all has been committed. The Complaint against
me should, thus, be dismissed.
TO THE TRUTH OF THE FOREGOING, I have signed this Statement on
26 January 2016.
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of April
2014 at Naga City, Philippines.

ALDUB M. YU
Affiant
SUBSCRIBED AND SWORN to before me this 26th of January 2016 at
Legazpi City with Affiant exhibiting her Voters ID issued by The Commission
on Elections with her picture in proving to be that he is the affiant and he
acknowledges this to be his true act and deed.
NOTARY PUBLIC
Until Dec. 31, 2016
PTR No. _____________________
Doc. No. ______
Page No.______
Book No. _____
Series of 2016

ATTESTATION
I, RIGOR A. DIMAGIBA, Counsel of record in the above entitled Criminal
Cases for the accused have personally propounded the forgoing questions
and all the answers were faithfully recorded and that neither I nor any other
person then present or assisting couched said affiant regarding his answers.

RIGOR A. DIMAGIBA
Affiant
SUBSCRIBED AND SWORN to before me this 26th of January, 2016 at Legazpi City,
affiant exhibiting his Senior Citizen ID 2526363 issued by City Mayor Noel Rosal.
NOTARY PUBLIC
Until Dec. 31, 2016
PTR No. _____________________
Doc. No. ______
Page No.______
Book No. _____
Series of 2016

Republic of the Philippines


5th Judicial Region
REGIONAL TRIAL COURT
Branch 3

Legazpi City
PEOPLE OF THE PHILIPPINES,
Plaintiff,
-versus-

CRIMINAL CASE NO. 1234567


FOR: Illegal Sale of Prohibited
Drugs

ALDUB YU
Accused,
x-----------------------------------x
MOTION FOR BAIL
THE ACCUSED, by counsel, respectfully moves to be allowed bail on the
ground that the prosecutions evidence of his guilt is not strong. In support,
he respectfully submits the following:
1. The Information alleges that he was caught during a buy bust
operation at his stall in Rawis, Legazpi City. The prosecutions own evidence,
however, belies this allegation as: (a) the investigation report of the
apprehending officers indicated that the seized 0.05 grams of shabu was
sealed in a plastic sachet while in the affidavit of arrest of PO2 Cardo Probins
he referred to the drug as being sealed in an iced candy wrapper, as such it
opens the integrity and value of the drugs custody as being tainted and
cannot be relied upon as it breaks a link in the chain of custody; and (b) the
arrest made was in derogation of a constitutional right of the accused, of his
right to be informed, as the informing of his Miranda Right was made in a
dialect unknown to him; or (c) he was not afforded with a counsel during the
time of his custody, to inform him of his rights or to guide him in the
custodial investigation etcetera, being an uneducated man, those who have
less should have much in law.
2. For these reasons, there is no basis to conclude that the accused
was engaged in drug trade as there is less than circumstantial evidence of
this fact. He is, thus, entitled to bail as a matter of right.
WHEREFORE, it is respectfully prayed that the accused be granted: (1)
a bail hearing, during which the prosecution should be directed to present its
evidence to show the strength of its evidence of the guilt of the accused, and
(2) thereafter, grant the accused reasonable bail.
Other just and equitable reliefs are also prayed for.
Legazpi City; 27 July 2015.
RIGOR A. DIMAGIBA
Counsel for the Accused

IBP No.1015493
Jan. 28, 2016
PTR No. 1490433MCLE Exmtn
No.000111294
Roll No. 7969
COPY FURNISHED:

Atty. ________________
City Prosecutor
Legazpi City

Republic of the Philippines


5th Judicial Region
REGIONAL TRIAL COURT
Branch 3
Legazpi City

PEOPLE OF THE PHILIPPINES,


Complianant,
-versus-

CRIMINAL CASE NO. 1234567


FOR: Illegal Sale of Prohibited
Drugs

ALDUB YU
Accused,
x-----------------------------------x

MOTION TO QUASH

Accused ALDUB YU, by counsel, respectfully moves for the quashal of the
Information dated __________issued by Assistant City Prosecutor __________ on
the following grounds:
PREFATORY STATEMENT
Commenting on the possible abuses that are prone to occur in a buy-bust
operation the Supreme Court held in the case of People vs. Ambih:
While buy-bust operation is a recognized means of entrapment for the
apprehension of drug pushers, it does not always commend itself as the
most reliable way to go after violators of the Dangerous Drugs Act as it is
susceptible to mistake as well as to harassment, extortion and abuse.
Accused is no drug pusher. The only reason he is now in the custody of the
police is because he was illegally arrested for reason she still cannot
comprehend. Accused thus respectfully moves for the Quashal of the
Information dated _____________________ issued by Assistant City Prosecutor
______________, on the following ground:
THE COURT DID NOT ACQUIRE JURISDICTIONOVER THE PERSON OF THE
ACCUSED AS THE ARREST WAS ILLEGAL.
1. In the present case, the prosecution asserts that the warrantless arrest
of the ALDUB YU was the result of a validly conducted buy-bust operation.
They likewise claim that the arrest was performed after the accused had
been duly informed of his constitutional rights.
2. Contrary to the claim of the apprehending police officers that the
warrantless arrest was the result of a valid buy-bust operation, no actual buybust operation did in fact take place. As stated by the accused in his
Counter- Affidavit, the herein accused, being not a native of the province who
had just recently relocated in the region and thus knew little or none of the
local dialect, was instigated by the known assets of the local Police to accept
the marked money which herein Accused thought was for procurement of the
pancakes he was selling.
3. The right of the people to be secure against unreasonable searches and
seizures is an inviolable right protected by the Constitution. As such no
person may be validly arrested without the benefit of a warrant of arrest,
except in the specific instances provided by law. Any warrantless arrest done
outside the specific instances provided by law are thus deemed to be
contrary to law and illegal.
4. The law as it presently stands, enumerates the instances when a warrant
without warrant is valid in Section 5 of Rule 113 of the Rules of Court, to wit:

Section 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.
The enumeration contained in section 5 of Rule 113 of the Rules of Court
being exclusive, any arrest without warrant done outside of those specified in
therein are deemed illegal.
WHEREFORE, it is respectfully prayed that the information filed against the
accused be dismissed.
Other just and equitable reliefs are also prayed for.
Legazpi City; 27 July 2015.
RIGOR A. DIMAGIBA
Counsel for the Accused

IBP No.1015493
Jan. 28, 2016
PTR No. 1490433MCLE Exmtn
No.000111294
Roll No. 7969
COPY FURNISHED:

Atty. ________________
City Prosecutor
Legazpi City

Republic of the Philippines


5th Judicial Region
REGIONAL TRIAL COURT
Branch 3
Legazpi City

PEOPLE OF THE PHILIPPINES,


Complianant,
-versus-

CRIMINAL CASE NO. 1234567


FOR: Illegal Sale of Prohibited
Drugs

ALDUB YU
Accused,
x-----------------------------------x
JUDICIAL AFFIDAVIT OF RINA B. PAGONG
1. Question: We are taking this proceeding at my house/office located at
Daffodil St. Renaissance Gardens, Washington Drive, Cruzada, Legazpi
City and I will propound questions in connection with the above
entitled cases and you have to answer the same truthfully otherwise if
found later that you are lying you may be charged with the crime of
either perjury or giving false testimony and if found guilty you will be
meted out to suffer imprisonment and that no one is allowed to coach
you in giving your answers. Do you fully understand these prohibitions?
Answer: Yes Sir, I do.
2. Question: Please state your name and personal circumstances.
Answer: I am Mrs. Rina Pagong y Baoo, of legal age, married and a
resident of Rawis, Legazpi City and a former Brgy. Kagawad of the
same from 1997 to present.
3. Question: Do you know of the person of one ALDUB YU?
Answer: Yes Sir
4. Question: How do you know the said person?
Answer: He is a pancake vendor who often positions his mobile stall
near my sari-sari store as his customers purchase their beverages from
me.
5. Question: Where were you in the afternoon of January 19, 2016?
Answer: I was tending to my store in Rawis, Legazpi City?
6. Question: While thereat, did you happen to see ALDUB on the said
afternoon?
Answer: Yes Sir
7. Question: What was he doing, if any?
Answer: He was selling his pancakes, sir.
8. Question: Was there anything unusual you noticed on the said
afternoon?
Answer: I saw Aldub was approached by Frankie and several men,
among which was a police officer who I only know as Paloma.

Page 2 of 3
9. Question: How do you know this Frankie?
Answer: He is also a resident of Brgy. Rawis and is one of my
constituents.

10.
Question: How did you know that this Paloma you mentioned was
a police officer?
Answer: We were introduced briefly by our Barangay Captain Jefferson
Nog-nog Lapit during a Mr. and Mrs. kudal-kudal during the last
barangay fiesta.
11.
Question: If you know, what happened when Frankie et al
approached ALDUB?
Answer: I saw Frankie hand over a peso bill to ALDUB and heard him
utter Iyo na boss dakupun na! (This is it boss, arrest him), the
moment ALDUB pocketed the bill. Frankies companions then seized
ALDUB.
12.
Question: If you know, what happened after that?
Answer: I saw one of Frankies companions insert something at the
back pocket of ALDUB then while being held by two other men,
PALOMA frisked ALDUB while the others searched his cart and they
produced a small plastic container which looked like the one I use for
ice candy and showed the same to ALDUB while uttering in a load
voice Ano ni ha? Gago ka! Dakop Ka! (What is this? You Moron! You
are arrested! for all the onlookers to hear.
13.
Question: How far were you from the incident?
Answer: Perhaps two to three meters sir because I was inside my store
and it was happening in front of me.
14.
Question: If you know, what transpired next?
Answer: They dragged ALDUB away and I was unable to see anything
else after that sir.
15.
Question: For the meantime, I have no more questions. Do you
have any other statements to make?
Answer: I will give other details in court

X--------------------------------------------------Statement--------------------------------------X

End

of

IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of


February 2016 at Legazpi City, Albay, Philippines.

RINA B. PAGONG
Affiant

Page 3 of 3

SUBSCRIBED AND SWORN to before me this 12th of February 2016 at


Legazpi City with Affiant exhibiting her Voters ID issued by The Commission
on Elections with her picture in proving to be that he is the affiant and he
acknowledges this to be his true act and deed.
NOTARY PUBLIC
Until Dec. 31, 2016
PTR No. _____________________
Doc. No. ______
Page No.______
Book No. _____
Series of 2016
ATTESTATION
I, RIGOR A. DIMAGIBA, Counsel of record in the above entitled Criminal
Cases for the accused have personally propounded the forgoing questions
and all the answers were faithfully recorded and that neither I nor any other
person then present or assisting couched said affiant regarding his answers.

RIGOR A. DIMAGIBA
Affiant
SUBSCRIBED AND SWORN to before me this 12th of February, 2016 at
Legazpi City, affiant exhibiting his Senior Citizen ID 2526363 issued by City
Mayor Noel Rosal.
NOTARY PUBLIC
Until Dec. 31, 2016
PTR No. _____________________
Doc. No. ______
Page No.______
Book No. _____
Series of 2016

Republic of the Philippines


5th Judicial Region
REGIONAL TRIAL COURT

Branch 3
Legazpi City
PEOPLE OF THE PHILIPPINES,
Complianant,
-versus-

CRIMINAL CASE NO. 1234567


FOR: Illegal Sale of Prohibited
Drugs

ALDUB YU
Accused,
x-----------------------------------x
JUDICIAL AFFIDAVIT OF RAMON T. TIMBA
1. Question: We are taking this proceeding at my house/office located at
Daffodil St. Renaissance Gardens, Washington Drive, Cruzada, Legazpi
City and I will propound questions in connection with the above
entitled cases and you have to answer the same truthfully otherwise if
found later that you are lying you may be charged with the crime of
either perjury or giving false testimony and if found guilty you will be
meted out to suffer imprisonment and that no one is allowed to coach
you in giving your answers. Do you fully understand these prohibitions?
Answer: Yes Sir, I do.
2. Question: Please state your name and personal circumstances.
Answer: I am Ramon Timba y Tabo, commonly referred to by the
moniker Nano, of legal age, single and a resident of Teachers Village,
Washington Drive, Legazpi City and a paralegal for Galleta Patatas Law
Office
3. Question: Do you know of the person of one ALDUB YU?
Answer: Yes Sir
4. Question: How do you know the said person?
Answer: I regularly buy pancakes for him whenever I visit the residence
of my girlfriend who is a resident of Rawis, Legazpi City.
5. Question: Where were you in the afternoon of January 19, 2016?
Answer: I was on my way to visit my girlfriend who was in their
residence in Rawis, Legazpi City?
6. Question: While thereat, did you happen to see ALDUB on the said
afternoon?
Answer: Yes Sir
7. Question: What was he doing, if any?
Answer: He was selling his pancakes, sir.
8. Question: Was there anything unusual you noticed on the said
afternoon?
Answer: I saw Aldub was approached by Frankie and several men who I
did not recognize.
Page 2 of 3
9. Question: How do you know this Frankie?
Answer: He is a resident of Brgy. Rawis and had accosted me once
when I went thereat to visit my girlfriend. He asked for cigarette money

and when I gave him he introduced himself and told me that I could
count on him if I ran into trouble in Rawis.
10.
Question: If you know, what happened when Frankie et al
approached ALDUB?
Answer: I saw Frankie hand over a peso bill to ALDUB and heard him
utter Iyo na boss dakupun na! (This is it boss, arrest him), the
moment ALDUB pocketed the bill. Frankies companions then seized
ALDUB.
11.
Question: If you know, what happened after that?
Answer: I saw one of Frankies companions insert something at the
back pocket of ALDUB then while being held by two other men, another
frisked ALDUB while his companions searched his cart. They then
produced a small plastic wrapper and showed the same to ALDUB
while uttering in a load voice Ano ni ha? Gago ka! Dakop Ka! (What is
this? You Moron! You are arrested! for all the onlookers to hear.
12.
Question: How far were you from the incident?
Answer: Perhaps two to six meters away sir as I was walking towards
them.
13.
Question: If you know, what transpired next?
Answer: They dragged ALDUB away and I saw them shove ALDUB into
a waiting police vehicle. Then they all drove away.
14.
Question: For the meantime, I have no more questions. Do you
have any other statements to make?
Answer: I will give other details in court.

X--------------------------------------------------Statement--------------------------------------X

End

of

IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of


February 2016 at Legazpi City, Albay, Philippines.

RAMON T. TIMBA
Affiant

Page 3 of 3

SUBSCRIBED AND SWORN to before me this 12th of February 2016 at


Legazpi City with Affiant exhibiting her Voters ID issued by The Commission
on Elections with her picture in proving to be that he is the affiant and he
acknowledges this to be his true act and deed.
NOTARY PUBLIC
Until Dec. 31, 2016
PTR No. _____________________
Doc. No. ______
Page No.______
Book No. _____
Series of 2016
ATTESTATION
I, RIGOR A. DIMAGIBA, Counsel of record in the above entitled Criminal
Cases for the accused have personally propounded the forgoing questions
and all the answers were faithfully recorded and that neither I nor any other
person then present or assisting couched said affiant regarding his answers.

RIGOR A. DIMAGIBA
Affiant
SUBSCRIBED AND SWORN to before me this 12th of February, 2016 at
Legazpi City, affiant exhibiting his Senior Citizen ID 2526363 issued by City
Mayor Noel Rosal.
NOTARY PUBLIC
Until Dec. 31, 2016
PTR No. _____________________
Doc. No. ______
Page No.______
Book No. _____
Series of 2016