Republic of the Philippines

Department of Justice
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Cabagan, Isabela

PNP - DELFIN ALBANO, ISABELA,

Complainant,

NPS DOCKET No. II-04-INQ-21A-00005

For: ROBBERY
-versus-

DARIO REYES , JR. y AGARPAO,

VICENTE MADDARA JR., y BACCAY,
RODERICK MANAGUELOD y BINALAY and
PLT NOEL BACCAY y TAMANG,
Respondents.
x--------------------------------------x

PNP DELFIN ALBANO, ISABELA,

Complainant,

NPS DOCKET No. II-04-INQ-21A-00006

For: GRAVE THREATS with the USE
OF SHORT FIREARM
-versus-

DARIO REYES , JR. y AGARPAO,

VICENTE MADDARA JR., y BACCAY,
RODERICK MANAGUELOD y BINALAY and
PLT NOEL BACCAY y TAMANG,
Respondents.
x--------------------------------------x

COUNTER-AFFIDAVIT

We, DARIO REYES, JR., VICENTE MADDARA JR., and

RODERICK MANAGUELOD, of legal ages, Filipinos, residents of
Barangay San Nicolas, Delfin Albano, Isabela, after having been duly
sworn to in accordance with law do hereby depose and say:

1. That We are the respondents in NPS DOCKET No. II-04-INQ-21A-

00005 and II-04-INQ-21A-00006 now pending before this Honorable Office;

2. That We vehemently and vigorously deny all the material

allegations in the Complaint-Affidavit of Complainant PEMS Johmar
Maggay y Datul dated 7 January 2021 subscribed before the Police
Captain Fresiel Adap dela Cruz, Chief of Police of PNP Delfin Albano.

3. Perusal of the complaint affidavit of Maggay accuses us of

robbery with violence against and/or intimidation of persons and
grave threats with the use of an unlicensed firearm;

4. There is neither robbery nor grave threats that occurred on

January 7, 2021 at 12:30 in the morning.

5. The truth of the matter is on January 6, 2021 at 11:30 in the

evening, we were invited by PLT Noel Baccay, the outgoing Deputy
Chief of PNP Delfin Albano to drink coffee in the kitchen of PNP
Delfin Albano Station.

6. While we were waiting for the water to boil for our coffee, and
while we were chatting, Maggay went inside the kitchen carrying an
M16 armalite rifle to likewise chat with us. He was already tipsy and
intoxicated with alcohol when he entered the kitchen. He placed the
rifle on top of the sink and sat down. Before the water boiled, PLT
Baccay dozed off and slept in the table.

7. When we were about to prepare our coffee, Maggay

suddenly insisted in drinking liquor as there are cuatro cantos in the
refrigerator of the police station. He took the cuatro cantos out of the
fridge and offered it to us. So as not to disrespect him and because
he was very persistent, we accepted his offer to drink liquor. Before
we started to drink, Maggay took his shirt off in front of us.

8. We were laughing and while enjoying drinking the gin,

Maggay quickly became talkative, animated and aggressive. After an
hour of drinking alcohol (12:30 in the morning), Maggay suddenly
recalled about the verbal altercation that we had in the African Swine
Flu checkpoint that Punong Barangay Reyes together with the LGU
Delfin Albano set up in Brgy San Nicolas. He started to get angry
and he got mad at us because we previously prevented him from
transporting pigs from Pilitan, Tumauini to Delfin Albano, Isabela.
Maggay started to become violent when we were consistent with our
decision and informed him that we cannot give him special treatment.

10. During the altercation in the kitchen of PNP Delfin Albano,

Maggay was uncontrollable and he suddenly became aggressive and
violent, he started to box Brgy. Kagawad Vicente Maddara in his left
face which swelled and still painful days after the incident and while
they were in the custody of PNP Delfin Albano until he posted bail in
January 13, 2021. A medical certificate is hereto attached as Annex
“A” as proof of the injury caused by Maggay’s violence.
 11. When Maggay became aggressive and violent, we decided
to leave the premises. As he was shouting and boxing Maddara and
became violent, and threatened to shoot us with the M16 armalite
rifle, we tried to talk to him and calm him and were about to leave the
premises at around 12:30 in the morning of January 7, 2021, when he
suddenly went towards the M16. Alarmed by what is about to happen
and to prevent Maggay from causing harm to us, Maddara
instinctively put the M16 armalite away from Maggay. We tried to
wake PLT Noel Baccay to give him the M16 armalite and to prevent
Maggay from causing harm against us but he was soundly asleep, he
did not wake up. Maggay was so drunk that he kept on shouting at
us.

12. We went out of the kitchen and took the M16 armalite,
leaving Maggay behind who was still shouting. While we are on our
way out, we tried to look for a policeman in the station to hand over
the rifle but the police station was empty. We walked peacefully out of
the police station.

13. From the foregoing, there is neither robbery nor grave

threats committed against Maggay.

14.  There is taking for sure. However, the taking was only to
prevent Maggay from causing harm against us. However, there is
neither violence nor intimidation employed in the taking of the M16
armalite rifle.

15. Now, on how to construe the phrase ''by means of violence

against or intimidation of persons" as used in Article 294, the case
of People v. Judge Alfeche, Jr.(GR No. 102070, July 23, 1992) is
enlightening:

But what is meant by the word intimidation? It is defined in Black's

Law Dictionary as 'unlawful coercion; extortion; duress; putting
in fear'. To take, or attempt to take, by intimidation means
'wilfully to take, or attempt to take, by putting in fear of bodily
harm." As shown in United States vs. Osorio material violence is
not indispensable for there to be intimidation, intense fear produced
in the mind of the victim which restricts or hinders the exercise of
the will is sufficient. x x x

Clearly, for the requisite of violence to obtain in cases of simple

robbery, the victim must have sustained less serious physical
injuries or slight physical injuries in the occasion of the
robbery. Or, as illustrated in the book of Justice Luis B. Reyes, The
Revised Penal Code (Book Two), there should be some kind of
violence exerted to accomplish the robbery.

16. In this case, Maggay did not sustain any kind of injury at all,
thus, there is clearly no violence employed against him. We
respected him and left him be while he was drunk and shouting and
berating us. It was him who committed violence and intimidation
against us, he berated us, boxed Maddara in his face and he
threatened to shoot us with the M16 armalite rifle.

17. There is likewise no intimidation employed against Maggay,

contrary to his allegation that Reyes used a short firearm and pointed
it at his nape. When we went to the PNP Delfin Albano, we went
there because we are friends with the police officials and officers of
PNP Delfin Albano. We did not bring any firearm. Bringing an
unlicensed firearm to a police station is like going to a lion’s den. It is
highly unlikely and against human nature and experience for a person
to bring himself into a compromising situation.

18. Maggay likewise shamelessly lied in his complaint affidavit.

It is absurd to claim that Maggay was drinking alcohol with us for an
hour and holding his M16 rifle at the same time. His claim that he was
subdued when the trio forcibly took the M16 armalite rifle from his
possession is likewise preposterous. The act of forcible taking should
have caused him physical injuries since to subdue is to bring under
control the person of Maggay, however, it appears from the complaint
that he did not suffer any physical injury.

19. The allegation that we brought wine to the police station is

another lie if only to cover the unethical and criminal acts of Maggay
in persistently forcing us to drink alcohol and in providing cold cuatro
cantos taken from the refrigerator of PNP Delfin Albano station. He
even chatted with us half naked.

20. Lastly, we walked out of the PNP Delfin Albano station

peacefully; the station was empty at 12:30 in the morning of July 7,
2012. No one heard Maggay shouting and we did not find any police
officer to leave the M16 rifle behind. Maggay did not follow us to our
vehicle as he falsely claims in his complaint. The joint affidavit of
arrest executed by Police Officers Galope, Garro, Viernes, Doca and
Pagulayan confirms the fact that ALL THE POLICE OFFICERS ON
DUTY that night in PNP Delfin Albano station was ASLEEP. It was
only the intoxicated and violent Maggay who was awake that night.

21. From the foregoing, the element of violence against or

intimidation of Maggay is absent, thus, there is no robbery committed
against Maggay.

22. Maggay likewise filed a case for grave threats with the use
of a short firearm against us. The same is likewise without merit.
Assuming arguendo that herein prosecutor finds probable cause and
recommends the filing of Information for Robbery with violence
against and /or intimidation of persons, the crime of grave threats with
the use of unlicensed firearm is absorbed. The alleged utilization of a
short firearm in taking the M16 rifle from the possession of Maggay
satisfies the element of violence against or intimidation of person in
the crime of robbery, thus the allegations of grave threats must be
dismissed.

23. That We are executing this counter-affidavit to attest to the

veracity of the foregoing facts and to ask for the dismissal of the
above-entitled cases.

AFFIANTS FURTHER SAYETH NAUGHT.

IN WITNESS WHEREOF, I have hereunto set my hand this

___________, at Cabagan, Isabela.

DARIO REYES, JR. VICENTE MADDARA JR.

Affiant Affiant

RODERICK MANAGUELOD
Affiant

SUBSCRIBED AND SWORN to before me this ____________,

at Ilagan, Isabela.

ATTY. MARICION B. CAPILI-GUINGAB

Public Attorney II
Administering Officer
Pursuant to R.A. 9406

COPY FURNISHED:

PNP DELFIN ALBANO

PEMS JOHMAR MAGGAY
Delfin Albano, Isabela