REPUBLIC OF THE PHILIPPINES]

CITY OF ZAMBOANGA
] S.S
x-----------------------------x
COUNTER AFFIDAVIT

I, CHIZ WISE, of legal age, married and a resident of Tumaga,

Zamboanga City, sworn under oath, depose and say that:
1. I the Respondent in NPS Docket No. IX-15-INQ-12E-00202 for
alleged violation of Anti-Trafficking in Persons under Sections 4(a)
and (j) of Republic Act No. 9208, as amended by Republic Act No.
10364 pending before the Office of the City Prosecutor of Zamboanga
City in compliance with the Subpoena of the Honorable Office dated
10 February 2015, a copy of which was received on the same day, I
hereby submit my Counter-Affidavit and in support hereof, most
respectfully allege that:
2. Foremost, I vehemently deny and condemn the baseless and
unfounded accusations leveled against me by Special Agent PETER
MALINIS, considering that at the time of my arrest, my constitutional
rights were violated and that I was not engaged in any form of
prostitution or human trafficiking. The truth of the whole incident is
narrated as follows:
3. I am the owner of Reach Out Entertainment Bar located at La
Purisima St., Zamboanga City.
4. I am the employer of HEART ESCUDERO, the alleged victim of
human trafficking, who works in the aforesaid establishment.
5. On or about 15 January 2015, I was in the Bar to supervise and
manage the daily operations of the said establishment.
6. A group of police officers went inside the bar, who later made a raid.
One of the police officers, who I later knew to be Special Agent
PETER MALINIS, said Kosa man, liba ya ta se na police station?
which when translated in English, more or less means What now,
shall we bring him to the police station? Thereafter, the police
officers handcuffed me and brought me to the police station, without
appraising me with my constitutional rights.

7. Upon arrival the police station, they only took mug shots of me and
put me to jail. The next day I was forced by the police officers to sign
a waiver against my will.
8. During the time I was arrested for the alleged violation of anti- human
trafficking, there was no showing of proof that there was indeed a
form of prostitution. Thus, considering the foregoing premises of this
case, it is well-settled that there was no coordination made with the
proper authorities.
9. Thus, HEART ESCUDERO, the alleged victim of human trafficking
was lawfully employed in the bar as a waitress.
10.On or about 11 January 2014, she went in the bar an applied as a
waitress. That on the course of the interview, when I asked her about
her personal circumstances, she told me that she was born on January
1, 1996 and that she was looking for a job to pay off the medical
expenses of his ill father.
11. I asked her if she brought with her necessary documents for
employment, she then handed to me an application form, resume and
her birth certificate.
12.I went through the documents, her birth certificate provides that she
was indeed born on January 1, 1996, and therefore was already of
legal age at the time of employment.
13.I also noticed that in her application form, she wrote that she was
originally from Sorsogon City, and when I asked her how she came to
Zamboanga, she told me that she went here because she had a relative
staying in Zamboanga City.
14.Eventually I accepted her to work as a waitress in the bar, in a
probationary status, because we were short of employees at that time.
15.I never forced nor induced him to engage in prostitution because it
was never in her job description that she was to perform as an exotic
dancer in the said establishment.
16.I never extended any advancement nor credit to her as a condition to
her employment in the Bar.
17.Neither did I held her in custody against her will nor threatened to
cause bodily harm against her if she leaves the establishment.

18.She, together with her co-workers, were allowed to have day offs or
rest days, where they all go out and have some fun.
19.I have been engaged in a legitimate and lawful business, and have
never engaged in any form of prostitution or trafficking.
20.Moreover, it is respectfully submitted that I was illegally arrested,
considering that the arresting officers were not armed with a Warrant
of Arrest and that the circumstances surrounding my arrest does not
fall under any of the conditions set forth in Section 4, Rule 113 of the
Revised Rules of Criminal Procedure which provides that:
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 in fact just been committed, and he has
personal knowledge of facts indicating 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 temporarily confined while his case is pending, or has
escaped while being transferred from one confinement to another.
21.From the above-quoted provision, it is clear therefor that my arrest
was illegally done, considering that I did not commit, did not actually
commit or was attempting to commit an offense.
22.Moreover, the act of searching my person and the establishment was a
violation of Section 2 of the 1987 Constitution which provides, to wit:
Section 2. The right of the people to be secure in their person,
houses, papers and effects against unreasonable searches and
seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue
except upon probable cause to be determined personally by the
judge after examination under oath or affirmation of the
complainant and the witnesses he may produce and particularly
describing the place to be searched and the persons or things to
be seized.

23. After cursory reading of the above-mentioned provision, it is

submitted that I was not engaged in any form of human trafficking
activity which would engender the said police officers in searching the
establishment.
24.Further, at the time of my arrest, I was not even informed or my
constitutional rights which is in clear violation of Section 12 of Article
III of the 1987 Constitution, which provides that:
a. Any person under investigation for the commission of an
offense shall have the right to be informed of his right to
remain silent and to have competent and independent
counsel preferably of his own choice. If the person
cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except
in writing and in the presence of counsel.
XXXX
b. Any confession or admission obtained in violation of this
or Section 1 hereof shall be inadmissible in evidence
against him.
XXXX
25. I hereby declare under oath that there was no lawful and legal raid
conducted last 15 January 2015 and I was not engaged in any form of
human trafficking activity and that I am a person of good moral
character and shall never allow myself to do such unlawful acts.
26. I execute this Counter-Affidavit to attest to the truth of the foregoing
facts based on personal knowledge and authentic records in
compliance with the Subpoena of the Honorable Office. It is thus
requested that the instant case docketed as IX-15-INQ-12E-00202 be
dismissed for utter lack of merit as the foregoing facts may constitute.
IN WITNESS WHEREOF. I have hereto affixed my signature this 23 th
day of February, 2015 in the City of Zamboanga.

CHIZ WISE
Affiant

SUBSCRIBED AND SWORN to before me this 24 th day of February 2015

at City of Zamboanga, Philippines; affiant exhibited his SSS ID bearing the
numbers 11111-22, issued on August 11, 2014 at Zamboanga City.

KAISER OLASO
3rd Assistant City Prosecutor

CERTIFICATION
I HEREBY CERTIFY that I have personally examined the affiant and I am
fully satisfied that he voluntarily executed his affidavit and understood the
contents thereof.

KAISER OLASO
3rd Assistant City ProsecutRoll
No. 517788-2008
IBP No. 88811-1/3/13
PTR No. 88811-1/3/13;
Zamboanga City
MCLE Compliance III
No.0000112
Issued on April 22, 2013
Doc No. 1
Page No. 1
Book No. 1
Series of 2014.