REPUBLIC OF THE PHILIPPINES

Department of Justice
Office of the City Prosecutor
San Fernando City, La Union

PEOPLE OF THE PHILIPPINES,

Complainant,

-versus- Case No. _________

GORGONIO S. PAQUI, FOR: VIOLATION OF

Respondent. SECTION 5, ARTICLE 2 OF
RA 9165 (Selling of Dangerous
Drugs

X ---------------------------------------X

COUNTER-AFFIDAVIT

I, Gorgonio Paqui y Supsup, 20 years old, single, jobless and a

resident of Brgy. Caoayan, Burgos, La Union, after having been sworn to in
accordance with law, do hereby depose and state that:

1. I am the respondent (hereafter referred to as “Respondent”) in this

case for the alleged commission of the crime of Violation of
Section 5, Article 2 of RA 9165 (Selling of Dangerous Drugs).

2. I was charged by PCPL Rocco Tocino and PCPL Dindong Abante,

PNP members assigned with Naguilian Police Station, Naguilian,
La Union, who, allegedly conducted a buy bust operation against
me at around 12:35 A.M. of October 11, 2010 at a house near the
Cell Cite Tower at Brgy. Ortiz, Naguilian, La Union.

3. I vehemently deny all the allegations that was stated on the joint-
affidavit of PCPL Rocco Tocino and PCPL Dindong Abante. I did
not sell drugs to them. There is no truth to the charges against me.
The statements of the complainant and the witnesses are full of lies
and the pieces of evidence against me are all fabricated.

FACTUAL BACKGROUND

4. I am one of the drivers under the boundary system of the taxis

owned and operated by Luis Manzano. My usual schedule of
driving his taxi bearing plate number XXX 001 is from 10:00 PM
to 6:00 AM.
 5. On October 11, 2010, at around 12:30 in the morning, I was
driving along the southbound lane of Naguilian, La Union.

6. As I was approaching Brgy. Ortiz of the said municipality, I saw a

man near the road, which I later on found out to be PCPL Rocco
Tocino. He was wearing a civilian clothing at that time.

7. He suddenly flagged down the taxi I am driving. So, I pull over the
taxi, let him board the taxi and then I continued driving.

8. When I asked him where will I take him, he said near the Cell Cite
Tower at the said barangay.

9. While we are driving to the said destination, someone called him in

his phone.

10.Upon arrival at the destination, he handed me a P1,000 bill. I took

the bill and looked for a change, he suddenly lighted a cigarette

11.I honestly believe that this case filed against me must be dismissed
based on the following discussions:

The complainant failed to establish all the

elements of the crime of Reckless
Imprudence defined under Article 365 of
the RPC.

12.The complainant failed to establish all the elements of Reckless

Imprudence as defined under Article 365 as follows:

“Art. 365. Imprudence and negligence. – xxx

Reckless imprudence consists in voluntarily, but without

malice, doing or failing to do an act from which material
damage results by reason of inexcusable lack of precaution
on the part of the person performing or failing to
perform such act, taking into consideration his employment
or occupation, degree of intelligence, physical condition and
other circumstances regarding persons, time and place.
xxx” (Emphasis supplied)

13.In order for a case of Reckless Imprudence Resulting to Homicide

to prosper, it is essential that there must have been an act that was
done with inexcusable lack of precaution.

14. In the instant case, there was no finding that I failed to exercise
the necessary precaution in driving my motorcycle. Hence, the
injuries that the respondent sustained was not shown to be

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Christian M. Rivera Page 2
 attributable to my fault. In effect, one of the essential elements of
Reckless Imprudence is lacking.

15. It was only an accident that I hit her. The very reason for the
incident was the own act of Natividad R. Flores of suddenly
crossing the street while the Police Enforcer if waiving “GO” to
the vehicles. She might have misunderstood the signal of the traffic
enforcer because of her poor eyesight due to old age. I immediately
applied my breaks but it was already too late as she is already in
front of me. A copy of the dashcam recording at the time of
incident is attached herewith as Annex 2.

16.The Police Report on the incident also states that I tested negative
of alcohol intake. Thus, I am not drunk at the time of the incident.
On the other hand, it does not indicate that I was overspeeding, nor
violating any traffic rules at the time the accident happened. The
Police Report is attached herewith as Annex 3.

17.The above discussion shows that I did not lack precaution in

driving my motorcycle. I was not drunk, nor overspeeding, nor
violating any traffic rules when I accidentally hit the complainant’s
mother.

The evidence submitted does not meet the

required quantum of evidence by law to
establish a prima facie case.

18.Section 1 Rule 112 defines preliminary investigation as follows:

“Section 1. Preliminary investigation defined; - xxx

Preliminary investigation is an inquiry or proceeding to

determine whether there is sufficient ground to endanger a
well-founded belief that a crime has been committed and the
respondent is probably guilty thereof, and should be held for
trial. xxx”

19.In Estrada v. Office of the Ombudsman, 1 the Supreme Court stated

that:

“The quantum of evidence now required in preliminary

investigation is such evidence sufficient to engender a well-
founded belief as to the fact of the commission of a crime
and the respondent's probable guilt thereof. A
preliminary investigation is not the occasion for the full and
exhaustive display of the parties’ evidence; it is for the
presentation of such evidence only as may engender a well-
1
Estrada v. Office of the Ombudsman, G.R. No. 212140-41 January 21, 2015.

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Christian M. Rivera Page 3
 grounded belief that an offense has been committed and that
the accused is probably guilty thereof.” (Emphasis supplied)

20.In the present case, the complainant did not present to this
Honorable Office any evidence that would show that I was
recklessly driving my motorcycle at the time of the incident. Even
the Police Report did not provide any information that would show
that I drove my motorcycle recklessly.

21.In fact, the complainant’s Judicial Affidavit is hearsay since he has

no personal knowledge of the incident. He was not present when
the incident occurred.

22.The testimony of the complainant’s witness Mr. Juan dela Cruz

was highly incredible. He was not an eyewitness at the point of
impact. He testified that upon his arrival, he saw Natividad R.
Flores already lying on the middle of the road. But, in truth and in
fact, Natividad R. Flores was not on the middle of the road but on
the southbound lane of the highway when I accidentally hit her and
fell on the ground.

23.The testimony of the complainant’s witness Ms. Maria Clara was

likewise incredible as she was not also an eyewitness at the point
of impact. She testified that she saw Natividad R. Flores when she
was rushed to the hospital. She did not witness the incident itself.

24. The testimonies of the complainant as well as the witnesses are all
hearsay for they had no personal knowledge about the accident.
Hence, no evidence was presented that can engender a well-
founded belief that I drove recklessly, that I was imprudent in
driving my motorcycle, or that I caused the death of the
complainant’s mother.

25.With all the foregoing, it is respectfully implored that this

Honorable Office forthwith dismiss the instant Complaint against
me for lack of factual and legal basis.

26.I am executing this affidavit to attest to the truth of the foregoing

statements and for whatever legal purpose that this may serve.

IN WITNESS HEREOF, I hereunto set my hand this 15th day of

May 2020, City of San Fernando, La Union.

CHRISTIAN M. RIVERA
Affiant/ Respondent

Counter-Affidavit Case No._________

Christian M. Rivera Page 4
 SUBSCRIBED AND SWORN to before me this 15th day of May
2020, San Fernando City, La Union, affiant exhibiting to me his TIN ID No.
123-456-789 issued on January 1, 2011 at City of San Fernando, La Union. I
further certify that I have examined the Affiant and that I am fully satisfied
that he has voluntarily executed and understood the contents of the foregoing
counter-affidavit.

ATTY. MAY
AGREEMENT ANGELICA M.
TENEZA
KNOW ALL MEN BY THESE PRESENTS:
Prosecutor
This AGREEMENT, made between and entered into by and between:

Copy furnished:
DANILO R. FLORES, of legal age, married and a resident of Barangay
Parian, City of San Fernando, La Union, referred to as the FIRST PARTY; and
DANILO R. FLORES
CHRISTIAN M. RIVERA, of legal age, single and a resident of Tavora
Complainant
Proper, Pugo, La Union, referred to as the SECOND PARTY;
Barangay Parian,
San Fernando City, La Union WITNESSETH:
WHEREAS, the FIRST PARTY is the son of Natividad R. Flores;

WHEREAS, the SECOND PARTY is the driver of a Motoposh 155 motorcycle

bearing plate number 140105 registered under his name;

WHEREAS, on January 3, 2020 at around 6:30AM, there was a vehicular

accident involving Natividad R. Flores and the motorcycle driven by the second
party;

WHEREAS, as a result of the incident, Natividad R. Flores died;

NOW THEREFORE, for and in consideration of the foregoing, the parties

hereto agree to the following:

1. that the SECOND PARTY will take care of all the medical expenses of
Natividad R. Flores;
2. that the SECOND PARTY shall also pay the FIRST PARTY additional
₱100,000.00 as indemnification;
3. that the FIRST PARTY shall desist from filing any action and shall waive
and renounce any caused of action against the SECOND PARTY upon full
payment of all the medical expenses and indemnification.

IN WITNESS WHEREOF, we have hereunto set our hands this 31th day of
January 2020, at City of San Fernando, La Union.
ANNEX 1
COMPROMISE AGREEMENT

DANILO R. FLORES CHRISTIAN M. RIVERA

First Party Second Party
Senior Citizen’s ID No. 21808 TIN ID No. 123-456-789

SIGNED IN THE PRESENCE OF:

______________________
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Christian M. Rivera Page 5
Counter-Affidavit Case No._________
Christian M. Rivera Page 6
 ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )

City of San Fernando ) S.S.

BEFORE ME, a Notary Public on the City of San Fernando, La Union,

personally appeared:

DANILO R. FLORES CHRISTIAN M. RIVERA

First Party Second Party
Senior Citizen’s ID No. 21808 TIN ID No. 123-456-789

presenting their competent evidence of identity, known to me and to me known to be

the same persons who executed the foregoing Agreement and they acknowledged to
me that the same is their knowing, free and voluntary act and deed.

IN WITNESS WHEREOF, I have hereunto set my signature and notarial seal

this 31st day of January 2020.

ATTY. JUAN DELA CRUZ

Notary Public for San Fernando City
Commission Serial No. 12345
Until December 2021
Brgy. Sevilla, San Fernando, La Union
Roll of Attorney No. 123456
PTR No. 123/San Fernando City/January 2, 2020
IBP No. 098765/San Fernando City/October 18, 2000

Doc. No. 1;
Page No. 1;
Book No. 1;
Series of 2020

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 ANNEX 2
DASHCAM RECORDING AT THE TIME OF INCIDENT

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 ANNEX 3
POLICE REPORT

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