Republic of the Philippines )

Province of Leyte ) SS
City of Tacloban )

COUNTER-AFFIDAVIT

I, ROMEO SIPACO y Obispo, of legal age, Filipino, married and a

resident of Brgy. 99, Diit, Tacloban City, under oath hereby jointly state: THAT---

1. I am the accused in Crim. Case No. 2008-06-CR-15 for Alarm and

Scandal (under Art. 155, RPC) based on the Information which basically alleged:

“That on or about 11th day of May, 2008, in the City of

Tacloban, Philippines, and within the jurisdiction of this
Honorable Court, the above-named accused, did, then and there,
willfully, unlawfully and feloniously discharge/fire his gun
several times, causing alarm to the residents living nearby.”

CONTRARY TO LAW.

2. “Alarm and Scandal” is a light felony. If the parties are residents of the
same city or municipality, the complaint for a light felony shall be accompanied
by a barangay certification required under Section 412 of RA No. 7160 (Local
Government Code of 1991) in relation to Section 11, Part III, DOJ Manual for
Prosecutors. Hence, it is mandatory that the case should have been referred to
the Lupong Tagapamayapa of the proper barangay for mediation or conciliation
proceedings if the provisions of Section 412 of RA 7160 has not been complied
with. Non-compliance is usually shown by the fact that there is no barangay
certification attached to the records of the case.

3. Article 155 of the Revised Penal Code provides:

Alarms and scandals. --- The penalty of arresto

menor or a fine not exceeding 200 pesos shall be
imposed upon:

3.1. Any person who within any town or public

place shall discharge any firearm x x x calculated to
cause alarm or danger:

3.2. Any person who shall instigate or take an

active part in any charivari or other disorderly
meeting offensive to another or prejudicial to public
tranquility;

3.3. Any person who, while wandering about

at night or while engaged in any other nocturnal
amusements, shall disturb the public peace; or

3.4. Any person who, while intoxicated or

otherwise, shall cause any disturbance or scandal in
public places, provided that the circumstances of the
case shall not make the provisions of Article 153
applicable.
 2

4. I vehemently deny the material allegations in the Information as

charged, considering the absence of foregoing circumstances or elements that
would constitute violation of Article 155 of the Revised Penal Code, to wit:

4.1 I did not discharge my firearm --- calculated to cause alarm or danger;
4.2 I did not instigate or take part in any charivari;
4.3 I was not wandering about or engaged in any nocturnal amusements
that will disturb the public peace;
4.4 I did not cause any alarm or scandal while intoxicated or otherwise.

5. Actually, on 11 May 2008 at about 3:00 AM, a big noise awoke me from
my sleep in the house of my wife at Lopez Jaena, Tacloban City. When I peeped
outside to find out where the noise was coming, I saw three young men carrying
sacks and were about to steal my fighting cocks. Seeing that they were armed
also with bladed weapons, I immediately took out my licensed pistol, and fired a
warning shot to drive them away. But when I saw that they were determined to
snatch one of my cocks, I fired again my pistol, and at that point, they ran away.

6. On 6 July 2008, two of these 3 men, who were positively identified by

me, were arrested by some barangay tanods and policemen while they were
about to steal again from a neighbor; this incident was reported in the barangay
blotter (Annex “1”) and in the police blotter (Annex “2”).

6. In view hereof, I move for the dismissal of this unwarranted and

premature complaint, absent any or all of the elements of Article 155 of the
Revised Penal Code.

IN WITNESS WHEREOF, I have hereunto set my hand this 21 August

2008 at Tacloban City, Philippines.

ROMEO O. SIPACO
Accused/Affiant

SUSCRIBED AND SWORN to before me this 21 August 2008 at Tacloban

City, Philippines.

Doc. No. 10
Page No. 02
Book No. 55
SERIES OF 2008

COPY FURNISHED:

ACP GEORGINA U. PEREZ

Public Prosecutor
Tacloban City Prosecution Office
Bulwagan ng Katarungan, Tacloban City