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 Frankie’s 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 9th day of February at
Legazpi City, Philippines.

ALDUB M. YU
Affiant

SUBSCRIBED AND SWORN to before me this 9th of February 2016 at Legazpi

City with Affiant exhibiting her Voter’s 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 prosecution’s 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 prosecution’s 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 he 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 buy-bust 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; 19 March 2016.

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 REYNA I. CUBA

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. Reyna Cuba y Imang, 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. Frankie’s companions then seized ALDUB.

12. Question: If you know, what happened after that?

Answer: I saw one of Frankie’s companions seize 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--------------------------------------------------- End of Statement--------------------------------------X

IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of February
2016 at Legazpi City, Albay, Philippines.

REYNA I. CUBA
Affiant

Page 3 of 3

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

City with Affiant exhibiting her Voter’s 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 Teacher’s Village, Washington
Drive, Legazpi City and a paralegal for Galleta Patatas Law Office in Legazpi
City.

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 Juanita Loob 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 because he was well known in the area.

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. Frankie’s companions then seized ALDUB.

11. Question: If you know, what happened after that?

Answer: I saw one of Frankie’s companions seize 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--------------------------------------------------- End of Statement--------------------------------------X

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 Voter’s 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