Republic of the Philippines

Department of Justice
OFFICE OF THE PROVINCIAL PROSECUTOR
Province of Cagayan
Tuguegarao City

PNP STA MARIA, ISABELA,

Complainant, II-04-INV-20J-01216

For: “VIOLATION OF P.D. 705”

-versus-

DANILO ALINGOD Y
TAGAPAN,
Respondent.
x-------------------------------------------x

COUNTER AFFIDAVIT

I, DANILO C. ALINGOD, Filipino, of legal age, married and

presently residing at Brgy., Quinagabian, Sta. Maria, Isabela, after having
been duly sworn to in accordance with law, do hereby depose and say:

1. That I am the same person who is charged with the crime of

violation of P.D. 705 pending before the Honorable Office of the Provincial
Prosecutor, City of Ilagan, Isabela, docketed as II-04-INV-20J-01216;

2. That I categorically deny that, at or about 8:00 o’clock in the

morning, I was at San Rafael, Sta. Maria, Isabela allegedly unloading
common hardwood lumbers from carabao cart;

3. That it is highly improbable that at that time, I was in said place

at San Rafael, Sta. Maria, Isabela, as I was in fact in Barangay Calamagui,
Sta. Maria, Isabela, together with my wife, Irene and my nephew gathering a
rice straw (dayami) from the rice field for pot cooking. I just came to know
of the incident only after I received a letter from the DENR Cabagan, Isabela
and the subpoena from the Honorable Office regarding the instant case;

4. That there is no reasonable ground to believe that I am probably

guilty of the offense charged and, thus, I should be indicted thereof and held
for trial. It clearly appears even from the allegations in the affidavits and
other documents supporting the complaint that I have no participation
whatsoever in the alleged offense. If indeed I was caught actually unloading
common hardwood lumbers from carabao cart, the police officer could have
easily took a photograph of me and brought me to the nearest Office of the
Provincial Prosecutor for inquest proceedings;

1
 5. That it is malicious, unjust and oppressive on my part to be
indicted of the offense charged and consequently dragged to court for trial
on the basis of a bare and baseless allegations that I was accordingly
identified by one Arnold Gorospe y Cureg after investigation. Truth is, the
common hardwood lumbers were found within the vicinity of the property of
Arnold Gorospe y Cureg at Barangay San Rafael and not in Barangay
Quinagabian where I resides;

6. That it is clear from the records attached to the complaint that I

have not in possession of the said common hardwood lumbers in addition to
the fact that I do not have any personal knowledge of the said incident;

7. Thus, it is evident from the foregoing disquisitions that the

charge for violation of P.D. 705 must necessarily be DISMISSED for lack of
probable cause;

8. I am executing this counter affidavit in order to attest to the

truth and veracity of the foregoing statements and to refute the allegations of
Melissa Ventura in her Sworn Statement.

IN WITNESS WHEREOF, I have hereunto set my hands this

_______________ at _____________________.

MARK ANTHONY LACAMBRA

Affiant

SUBSCRIBED AND SWORN to before me this ________________

at ________________________. I hereby certify that I have personally
examined the affiant and that I am satisfied that he executed the counter
affidavit freely and voluntarily.

Administering Officer