Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR
Pasig City

Nelson Alarcon XV-14-INQ-18E-0000

Complainant/s,

-versus- -for-

Jason Hernandez Violation of R.A 10883

(New Anti-Carnapping Act of 2016)
Respondent.
x--------------------------x

COUNTER-AFFIDAVIT
(Jason Hernandez)

I, JASON HERNANDEZ, of legal age, Filipino, with residence

address at ________________ Quezon City, after having been
duly sworn to in accordance with law, hereby depose and state
that:

1. I am one of the respondents in XV-14-INQ-18E-0000 for

the crime of Violation of R.A 10883 (New Anti-Carnapping
Act of 2016);

2. I am executing this Counter-Affidavit as a reply and

comment to the Complaint filed by Nelson Alarcon relating
to the carnapping incident involving his red Toyota Innova
bearing plate no. ________ on or about 12:10 am,
September 28, 2017 along Marcos Highway, Brgy.
Santolan, Pasig City;

3. I vehemently deny any involvement in the carnapping

incident claimed by the complainant. In fact, my
involvement is just a happenstance which arose from the
fact that I was asked by ABC CDE (ABC for brevity) to
accompany him in buying an affordable electronic cigarette
on the day that the subject Toyota Innova was recovered.
Evidence that I was just invited to ride ABC’ scar is his
Affidavit herewith attached as Annex “1”;

4. In fact, I do not have any idea or knowledge of the alleged

carnapping incident;

5. It was on Monday, May 7, 2018, ABC called me, asking me

if I know a place where he can buy an affordable electronic
 cigarette. I told him that there is a vape shop in Cubao
which was recommended by a friend. I am uncertain of its
exact location, and I only know that it is near the bus
terminals.

6. We agreed to go there the following day, before taking our

examinations at 5:30pm. I suggested that we should use
his car because my car is coded every Tuesday in which he
agreed and planned to meet up at Puregold Luzon Avenue
Branch at 1:00pm;

7. The following day, Tuesday, May 8, 2018 at 12:45pm, I

rode a taxi from our subdivision’s guard house going to
Puregold Luzon Avenue and arrived at exactly 1:00pm,
while Vinz arrived at 1:30pm;

8. When we arrived at Aurora Boulevard, we still cannot find

the vape shop, so I decided to step out of the car to ask
the guard at the nearby establishment, but he is also
unsure of its exact location. We kept driving and turned to
a street where jeepneys are parked at one side, we decided
to maneuver because the street is too narrow and we might
not be able to pass through. While maneuvering the car in
front of a house’s driveway, a blue Toyota Innova blocked
our way. A man stepped out of the Toyota Innova accusing
us that the car we are using is his stolen vehicle. He asked
for the Certificate of Registration in which we presented
right away, he also told us that he already alerted the police
and they are already on their way;

9. Few minutes later, police came and invited us to Station 7

of Quezon City Police District where we were interrogated;

10. Later on, we were transferred to the custody of Pasig

City Police. We were investigated and were told of the
carnapping incident, that occurred on or about 12:10 am
of September 28, 2017, to which they are imputing to us;

11. However, the allegation of my involvement in this case

is highly improbable, if not impossible. I am at home from
10 pm of September 27, 2017 to morning of September
2018;
12. In fact, on September 27, 2018, I was with my girlfriend,
Georgette Santos, from 3:00 PM to 9:00 PM as we had
three classes on that day. After our class, I dropped her off
to her house at Sun Residence at around 10:00 PM;

13. Meanwhile, around 10:30 PM she sent me a chat via

Facebook Messenger application asking if I am already
home which I immediately answered in the affirmative. We
had a long chat conversation which lasted until 3 in the
morning of September 28, 2017. This chat conversation
includes pictures of me showing myself inside my room
including some parts of my bedroom and our house which
was then being renovated. Our chat conversation for
September 27-28, 2017 is attached as Annex “2” while
the Affidavit of Georgette Santos is attached as Annex
“3”;

14. Attached as Annex “4” is my Class Schedule for the 1st

Semester showing that on Wednesday of September 27,
2018, I had a 3:00 to 6:00 PM Ethics class and a 6:00-9:00
PM Courts, Legal Processes, and Evidence class;

15. At the time of the alleged incident, I am currently in our

house in Quezon City. In fact, my sister saw my arrival at
around 10:30 pm. She asked me to wake her up at 2 am
of September 28, 2017 for her to be able to prepare for her
Masters in Public Management Major in Health Systems and
Development class. We share the same room whenever she
is at home; since I am still awake and tends to stay awake
to review for my class the following day, I accommodated
her request. The Affidavit executed by Jaimee Hernandez
is attached as our Annex “5”;

16. It is worthy to note, that the testimony of the

Complainant’s driver, Jaime Mejia, described the alleged
assailants stating that they are around 25-30 years old. I
am just 20 years old. It can also be seen in my face and
built that I do not match the picture and narrative given to
the Police officers describing the perpetrator/s;
 17. There is absolutely no evidence supporting the
Complainant’s allegation that we are the authors of the said
carnapping. As a matter of fact, they know that a certain
Mokong was the last person who booked their Toyota
Innova thru UBER Application on 12:30 AM of September
28, 2017;

18. In sum, the Complainant failed to establish through

sufficient evidence that I was indeed one of the
perpetrators of the crime of carnapping. It was physically
impossible for me to be in two different places at the same
time.

19. Certainly, during the alleged period of commission of

carnapping, I was safely at home and was nowhere near
the alleged place of commission;

20. From the foregoing, we can construe that I was not at

the place of the crime at the time the offense was
committed and it was physically impossible for me to be at
the scene at the time of its commission;

21. In addition, it is important to state that it was erroneous

to include me in this case. I should not have been arrested
and charged in the first place. I was just accompanying Vinz
at that time and was not in any way connected with the
ownership or possession of the allegedly stolen vehicle;

22. This Counter Affidavit is being executed to attest to the

truth of all the foregoing facts and events and to disclaim
all the accusations against me.

IN WITNESS WHEREOF, I have hereunto affixed my signature

on this 16th day of May, 2018 at Pasig City.

_______________________
 JASON HERNANDEZ
Affiant

SUBSCRIBED AND SWORN to before me this 16th day of May, 2018

at Pasig City.

I hereby CERTIFY that I have personally examined the affiant and that
I am satisfied that he has voluntarily executed and understood his Counter‐
Affidavit.

________________
Assistant City
Prosecutor