Republic of the Philippines

City of Tarlac

)
)S.S.

COUNTER-AFFIDAVIT
I, DENNIS R. MACAPINLAC, of legal age, married, and a resident of Block
7, Sto. Cristo, Tarlac City, after being duly sworn according to law, hereby
depose and state that:
1 I am the respondent in a criminal complaint for Violation of Republic Act
No. 9165 filed before the Office of the Prosecutor of Tarlac City;
2 I vehemently deny the allegations in the Affidavit of Arresting Officer
executed by SPO2 Gerald Quibuyen Mamaradlo dated November 30,
2015;
3 What actually transpired on the date and place of the alleged incident are
as follows:
1

Past midnight of November 28, 2015 while I and my wife and

children were sleeping, about five to six people claiming to be police
officers barged into our house after ramming its door open;

3.2. They immediately hand-cuffed me while they were pointing guns at

my family;
3.3. Another police officer then came in and punched me in the stomach;
3.4. The police officers then brought me out of my house while they
detained my wife and children inside;
3.5. Two of the police officers remained with my wife and children while
the others came back and forth of my house for reasons I do not
know;
3.6. Several minutes passed until the police officers took me back into the
house and allegedly conducted a search;
3.7. The police officers then claimed that they found drugs stashed inside
a MIGHTY cigarette pack which I have never seen inside that
house because I do not smoke MIGHTY cigarette;
3.8. Note that the police officers never manifested that they were
authorized by a search warrant nor did they show a copy of the same
to me before and after the alleged search of the house;
3.9. Moreover, the police officers conducted a search of the house
without any witness and only after having exclusive control of the

same for several minutes, during which time they could have planted
the evidence that they wish to indict me with;
4 I am simply a victim of an illegal search where the police officers planted
evidence against me to indict me for an offense I did not commit;
5 As proof that I have no dealings with drugs, the medico-legal submitted
by the police officers attest that I have never used the same;
6 To emphasize, I was committing no crime at the time and date of the
alleged search to justify my arrest by the police officers;
7 I executed this affidavit under oath in order to state the facts relative to
the illegal search conducted by the police and the subsequent unlawful
arrest.
IN WITNESS WHEREOF, I hereunto set my hand this ____ day of
February 2016 at Tarlac City.

DENNIS R. MACAPINLAC
Affiant
SUBSCRIBED AND SWORN TO before me this ____ day of February
2016 at Tarlac City.