Republic of the Philippines

Fourth Judicial Region

MUNICIPAL TRIAL COURT
Angono, Rizal

PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus- CRIM CASE NO. 20-031

- for -
Reckless Imprudence Resulting
in Slight Physical
Injury
ALBERTO YAGAYA y BERMAS,
Accused.
x - - - - - - - - - - - - - - - - - - - - - - - - -x

COUNTER-AFFIDAVIT
I, ALBERTO YAGAYA y BERMAS, of legal age, married, with postal
address at 11 Gopiao Compound, Brgy. San Isidro, Angono, Rizal, after having
been duly sworn to in accordance with law, do hereby depose and state THAT:

1. I am the accused in the above-captioned case for Reckless Imprudence

Resulting in Slight Physical Injury filed by one CELESTINO PERALTA
JR. y BONGALONTA.

2. I vehemently deny the allegations of Mr.Peralta.

3. I admit that on 15 February 2020 at around 10:00 in the morning, I was

apprehended by PSO ROLANDO IBAÑEZ. A ticket was then issued to me
by the latter to which I amicably signed.

4. Thereafter, I dropped off my passenger and went back again to pick up a

new passenger. This was when I saw PSO ROLANDO IBAÑEZ and asked
him if I could claim my driver’s license. He said that I could pick it up on
Monday since the office where I could claim my license has no office on
Saturdays and Sundays; and I agreed with his explanation.

5. When I was about to leave, PSO CELESTINO PERALTA arrived at the

scene and blocked my vehicle (tricycle) and asked what I was complaining
about. Mr. Ibañez answered and told him that I wanted to claim my license.
This was when Mr. Peralta made a scene.

6. Mr. Peralta told me that I am “makulit” and said “tutuluyan kita”. I was
shocked with his reaction and when I was steering my vehicle, he hit it a bit
too strongly. Then he pretended that he was ran over by my vehicle, then he
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 stood up thereafter and held my vehicle. He immediately lied down in front
of my tricycle again near the front wheel.

7. This drew the attention of the people in the market and they thought that I
ran over Mr. Peralta. This was when the people swarmed over me; I even
remember one person punching me in the face and another one on my back.
I got dizzy thereafter and my vision got blurry.

8. All I remember was that there were policemen who arrived and brought me
to the Angono Police Station. While I was there, I was asked to go to the
hospital and give assistance to Mr. Peralta. I assisted him to have an X-ray.

9. He then asked me for financial assistance; however, I told him that I only
had Two Hundred Pesos (Php 200.00) with me since this was my only
earning so far for that day. I told him that I was willing to pay for the
damage which I have caused him.

10.Thereafter, I carried him and helped him lie down on the X-Ray table. After
having his X-Ray, I brought him back to the Emergency Room. He then
asked for the Two Hundred Pesos (Php 200.00), and I gave it to him. I then
told him that I will give him the remaining payment once my wife arrives.

11.When the X-ray result arrived, the doctor read it for us and said that he did
not incur any fracture nor wound by reason of such accident. Thereafter, I
was brought back to the Police station, where a criminal action was
instituted against me.

12.I am executing this counter-affidavit to attest to the truthfulness of the

foregoing and to refute the allegations of Mr. Celestino Peralta, Jr.

ALBERTO YAGAYA y BERMAS

Affiant

SUBSCRIBED AND SWORN to before me this _______day of _____________, 20___

at ________________, Affiant exhibiting to me his/her _____________________________ as
her competent proof of identity issued at _____________ on _____________________.

NOTARY PUBLIC

Doc. No. _______

Page No. _______
Book No._______
Series of _______

Copy Furnished:

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PROSECUTOR EDWIN V. INFANTE
Office of the Provincial Prosecutor