REPUBLIC OF THE PHILIPPINES

Department of Justice
OFFICE OF THE City PROSECUTOR
Cagayan de Oro City

PNP CAGAYAN DE ORO,

Complainant, NPS-11-08-INV-30B-005644

For:
“VIOLATION OF P.D. 1602
In rel to RA No. 9287”
-versus-

WILMAR PARUNGAO ET AL.

Respondents,
x-------------------------------------------------------x

JOINT COUNTER-AFFIDAVIT

WE, WILMAR PARUNGA0, of legal age, married, Filipino citizen

and a resident of Barangay _________ Cagayan De Oro City and LENIE
SANTOS of legal age, married, Filipino citizen and a resident of
Barangay Cadaanan, Solana, Cagayan and GLORY L. DELA
IGLESIA, of legal age, married, Filipino citizen and a resident of
Barangay Cadaanan, Solana, Cagayan after having been duly sworn
to in accordance with law, do hereby depose and state THAT:

1. We are the respondents in the above-captioned case;

2. We received the Subpoena and Complaint directing us to

answer the allegations against us and submit the affidavits
of our witnesses in support of our defense;

3. We categorically and firmly deny the allegations contained

in the Affidavit of Arrest executed by the police officers of
the PNP. The allegations in the Affidavit of Arrest filed
against us are baseless and merely fabricated as it will be
discussed hereunder;

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 4. There is no truth that we were engaged in a gambling
activity. The two of us are inside the house of Lenie Santos
in our barangay. At the time of the unlawful arrest, the four
of us are inside the house when there are male persons who
suddenly barged in. We later discovered that they are police
officers;

5. As admitted in the Affidavit of Arrest/Seizing Officers

executed by the apprehending officers, they categorically
stated that they received an “information” from an
unnamed concerned citizen that there is an on-going illegal
gambling activity at the residence of Lenie Santos;

6. Such information was still unverified and the only way for
the police officers to validly search and effect arrest to the
is to secure a search warrant;

7. In a case1 decided by the Supreme Court, it clearly stated that:

“The Constitution guarantees the right of the people

to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures
of whatever nature and for any purpose.[1]  A mere tip
from an unnamed informant does not vest police
officers with the authority to barge into private homes
without first securing a valid warrant of arrest or
search warrant. While there are instances where
arrests and searches may be made without a
warrant, the Court finds that the constitutionally-
protected right against unreasonable searches and
seizures was violated in the case at bar.”

8. As can be gleaned from the Affidavit of Arresting/ Seizing

officers, there is no sense of urgency as to the situation and
there is also no reason for them not be able to secure a
search warrant prior going to the alleged place of the
gambling activity;
1
MARTIN VILLAMOR, AND VICTOR BONAOBRA Y GIANAN, , V. PEOPLE OF THE PHILIPPINES, 
GR NO. 200396, March 22, 2017

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 9. The arresting officers unlawfully entered the premises of
the house of Lenie Santos without the existence of a search
warrant. Such act of the arresting officers violated our right
against unreasonable searches and seizures;

11. To reiterate, we are inside the house of Lenie. Police

officers unlawfully entered the closed premises of the house of
Lanie Santos;

12. The seized items are items that is not unusual and in fact
can really be found in any house;

13. The instant case filed against us lacks factual and legal
basis which must be dismissed. These police officers did not
even substantiate their allegations;

14. The money allegedly confiscated items are not products

of any illegal activity or even gambling;

15. All told, we cannot be made liable for baseless,

unsupported accusations.

16. In view of the foregoing, we are executing this Counter-

Affidavit to attest to the truthfulness of the foregoing
statements and in support of our prayer for the dismissal
of the instant case filed against us.

AFFIANTS FURTHER SAYETH NAUGHT;

IN WITNESS WHEREOF, we have hereunto set our hand this

10th day of October 2019 at Cagayan de Oro City.

WILMAR PARUNGA0 LENIE SANTOS

Affiant Affiant

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 SUBSCRIBED AND SWORN TO before me this 10th day of
October 2019 at Cagayan de Oro City.

COPY FURNISHED:
PNP, CAGAYAN de oro city

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