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OMNIBUS COMPLIANCE/TRANSMITTAL
COMES NOW, the undersigned Accused, unto this Honorable Court, most
respectfully states that:
COUNTER-AFFIDAVIT
I vehemently deny the accusations of Alarm and Scandal and Grave Threats
lodged against my person in the above-entitled complaints, allegedly transpired last
December 22, 2019 at about 9:00 o’clock and 10:45 in the evening, for being unfounded
and without any factual and legal basis. The truth of the matter is that during that time I
was already resting at our house at Brgy. Baybay, Makato, Aklan; hence, I could not
possibly commit the alleged crimes being imputed against me;
I was surprised early in the morning when I was informed by my neighbor that he
heard on the radio that I was subject of a manhunt operation and shoot to kill order and
that I was involved in indiscriminate firing. In addition, it was reported in the radio that
allegedly another indiscriminate firing incident had happened at about 7:00 in the
morning of December 23, 2019 at Crossing Buswang, Brgy. Old Buswang, Kalibo, Aklan
which was attributed to me but in fact it turn out that it was just a firecracker but it was
adjudged by the public that it was me who allegedly came back and indiscriminately
fired a gun thereat. That from this, it could be perceived that an incident attributed to
me was being interpreted to be true by the public and the media. A conduct of a
thorough investigation, however, revealed that it was a false accusation and someone is
making a scenario to be attributed to me;
1. That the offender threatens another with infliction upon his person, honor, or
property or upon that of the latter’s family of any wrong;
2. That such wrong amounts to a crime;
3. That there is demand for money or that any other condition is imposed, even
though not unlawful; and
4. That the offender attains his purpose.
1. That the offender threatens another with infliction upon his person, honor, or
property or upon that of the latter’s family of any wrong;
2. That such wrong amounts to a crime; and
3. That the threat is not subject to a condition.
Under Article 155 of the Revised Penal Code, Alarm and Scandal is committed
“by any person who within any town or public place, shall discharge any
firearm, firecracker, or other explosives calculated to cause alarm or
danger. IT IS RESPECTFULLY SUBMITTED THAT THE ALLEGED
DISCHARGE OF FIREARM IS ALREADY COVERED AND SUBJECT OF
CRIMINAL CASE NO. 1954-A FOR ALARM AND SCANDAL; THUS, SHOULD
BE DISMISSED;
For the information of this Honorable Court, the instant Complainants arose due
to the contract of services I entered with Dennis B. Villanueva or Dinnes B. Villanueva
for the repairs of my motor-vehicle. He is the brother of the Private Complainants, Ruby
B. Villanueva and Rona Mae B. Villanueva;
Dennis Villanueva, however, failed to make the necessary repairs on my car and
made various excuses, and even refused to respond to my inquiries about the status
thereof. Later, he told me that the car was at the Aircon Repair Shop in front of AKELCO
Office, Andagao, Kalibo, Aklan. Then, sometime on October 2019, I found out that he
was arrested by Kalibo MPS thru a warrant for theft case against him. That in addition,
he was aided by my sister in-law Php 2,000.00 for the bail for his temporarily liberty so
that he can continue to fix my car. However, thereafter, he has so many alibis why he
cannot deliver my car to me;
In that juncture, I pressured him to return the same and brought my car at Aklan
PPO which he did but he uses another battery for he said that the original battery is still
on charge but I told him that it was a brand new battery and he promised me to bring
back the items he took the following day. However, on the month of December 2019, he
just texted me so many alibis why he can’t still fix my car despite my plea to him to fix
the same and return the items he took. But he replied all promises to no avail;
In addition, I am using the said car to fetch my daughters from our house at Brgy.
Andagao, Kalibo, Aklan to their school every class days. That as a consequence, I can’t
fetch them when it raining and my mother which was sick, suffering cancer has to go to
our house and personally fetch my children to school renting a tricycle, which added to
our much inconvenience;
Now I fully understand that it was really his modus operandi for upon my
conduct of background investigation to him, he has several pending cases and has
already been convicted of three (3) offenses before this Honorable Court for Criminal
Case No. 1398-A for Violation of BP 6; Criminal Case No. 1464-A for, OTHER FORMS
OF DECEIT; and Criminal Case No. 1366-A, also for OTHER FORMS OF DECEIT. He
has likewise other pending cases before the 4th Municipal Circuit Trial Court of Makato
and Tangalan, docketed as Criminal Case No. 1536-M for THEFT and Criminal Case No.
1537-M also for THEFT; (Copies of Court Orders and other information relative thereto
are hereto attached as Annex “A”)
Records would show that in the commission of almost all of the crimes filed
against Dennis B. Villanueva, he was always together or accompanied by his brother,
herein Private Complainant, Ruby B. Villanueva;
Although the deception made by said Dennis Villanueva to me for almost four (4)
months has brought me to a boiling point, I still cannot do the allegations thrown at me.
For being a police officer, I clearly understand that in any circumstances, maximum
tolerance should be the utmost option.
In view of the foregoing, it is most respectfully prayed of the Honorable
Investigating Court TO DISMISS the above-entitled cases for lack of any basis in fact
and law.
SUBSCRIBED AND SWORN to before me, this 20th day of January, 2020 at
Kalibo, Aklan, Philippines. Affiant this exhibiting to me proof of identification as
indicated below his name. I further certify that I have personally examined the affiant
and I am satisfied that he has freely executed the foregoing and the allegations therein
contained are fully understood by him.