REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE PROSECUTOR
QUEZON CITY

SPO2 RICARDO DALISAY,

Complainant,
For: Violations of R. A. 9165, Art. II, Sec. 11,
P.D. No. 9 as amended by B. P. No. 6,
MMDA Reg. No. 12-001
- versus -

DON EMILIO SYQUIA,

Accused.

x----------------------x

COUNTER-AFFIDAVIT

I, DON EMILIO SYQUIA of legal age, Filipino, Single, a resident of No.

12 Old Balara, Quezon City, Philippines, under oath depose and state THAT:

1. I am the same DON EMILIO SYQUIA, who is being charged with

Violation of Sections 5 & 11 of RA 9165, now pending before the Office of the City
Prosecutor of Quezon City docketed as NPS No. 12324; and violated Section 11,
Article II of R.A No. 9165, P.D. No. 9 as amended by B. P. No. 6, MMDA Reg. No.
12-001.

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 2. I was arrested “allegedly” SPO2 Dalisay and SPO2 Corpuz, for
jaywalking and possession of “shabu” on February 14, 2019 around 12:00 noon

3. An Inquest Proceeding was conducted the same day, February 14,

2019. I opted to avail of my right to a preliminary investigation and voluntarily
executed a waiver of Article 125 of the Revised Penal Code. On the same day, I
received a Subpoena from the Office of the City Prosecutor directing me to submit
my Counter-Affidavit and other controverting evidence within ten (10) days from
receipt thereof or until September 16. Thus, the same is seasonably filed.

II. COUNTER-STATEMENTS/ DEFENSES

4. I am filing this Counter-Affidavit to refute the false and fictitious

allegations of the police officers against me pertaining to the incident last
February 14,2019 around 12:00 noon;

5. The complaints hurled against me are FALSE, BLATANT LIES, MERE

FABRICATIONS designed to pin me down for the charges which I am not guilty of. I
state for the record that on the above-mentioned date and time, I DO HAVE IN MY
POSSESSION ANY ILLEGAL DRUGS AND NO BUY-BUST OPERATION ACTUALLY
HAPPENED. I vehemently DENY all the allegations in the respective Affidavits of
the law enforcers for being BASELESS. THE TRUTH OF THE MATTER are as follows:

a) On the February 14, 2019 at 11:30 am, I was on my way home from
Quezon City Circle, and happen to pass from the underpass and walked to Philcoa.
Seeing the Overpass was filled with people and hard to pass because of the
vendors who are selling Valentines goods. Before crossing, I noticed a Police car
parked near TechnoHub and thought it was empty because it was far away.

b) I ran as fast as I can and was able to avoid the incoming vehicles, I
stopped at the Center Island and saw a shiny sachet with white stuff in it, thinking

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it was just “tawas”, so I threw it away. After I was able to cross to the other side.
Then the officers stopped me and frisked me.

c) Without further saying a word, the other man (PO2 Dalisay) and told
me discreetly and in a low tone of voice, to quote: “Huwag ka na pumalag
kaibigan, pulis kami” (JUST DON’T RESIST MY FRIEND, WE ARE POLICE OFFICERS)
and he instantaneously handcuffed both my hands and the PO3 Corpuz inserted a
pack of white substance inside the pocket of my pants.

Outrageous of what happened, I asked the man who arrested me (who is

now the complainant in this case, P03 Dalisay, a member of the Philippine
National Police), as to why I was arrested as I had not done any transgression of
the law, but he did not answer me and instead he and his partner brought me to
the nearby Police Station.

At that juncture, a commotion ensued as another police officer arrived.

d) While in a cell, a police officer gave me a 500 peso bill and a balisong
and didn’t know why, I later learned that the said bill was the one allegedly used
as a marked money which they said were purportedly recovered from my
possession. He likewise made a bodily search on my person and there found the
illegal drug to which he himself earlier inserted in my pocket;

e) I was made to wait until 10:00 in the evening. While there, the police
officers proposed a bargain/deal. I was told, to quote, “kung matuturo mo kung
sino ang kasali na nagbebenta ng droga sa lugar nyo, papalayain kita,” or in other
words, ‘if I could pinpoint somebody who is actively involved in trading drugs,
they would set me free’;

6. The time of the arrest – which was 12:00 noon (as stated in the
Affidavits of the Poseur-Buyer and the Arresting Officer) is adamantly BELIED; for

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the truth of the matter is that, I was arrested at about 1:00 pm on February 14,
2019, when it was daytime and in the presence of my vendor friends in the area.
Many vendors and onlookers actually witnessed what truly happened—that I
wasn’t carrying any drugs. Yet, many of them are apprehensive to testify against
the police officers for fear that their lives might be put in jeopardy.

III- ARGUMENTS/ DISCUSSIONS:

7. The statements of the poseur-buyer and the arresting officer in their

respective sworn statements, that I allegedly was carrying the shabu in my
possesion. There being no ‘bona-fide” buy-bust operation to speak of, the police
officers committed an Illegal Arrest since I was arrested without a warrant and my
warrantless arrest was not done under any of the circumstances enumerated in
Section 5, Rule 113 of the 1985 Rules of Criminal Procedure.

In fact, I and my family are in the process of formally charging the

concerned police officers with the appropriate administrative and criminal charges
before the proper forum.

8. Further, for illegal possession of a dangerous drug, like shabu, my

lawyer informed me that the elements are:

a. That the accused is in possession of an item or object that is

dangerous drugs;
b. Such possession is not authorized by law; and
c. The accused freely and consciously possessed the drug.

I could not be charged for Illegal Possession of shabu because no

shabu was found in my possession to begin with. The “shabu” allegedly found in
me was merely planted. I was a victim of a “pseudo” Oplan Tokhang. I was merely
being framed up.

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 The people present within the vicinity of the place where the incident
happened could truly attest that no buy-bust operation actually happened.

Attached and marked as ANNEX “1” is the Affidavit of my witness Jen

Toriaga and made integral part hereof.

My lawyer discussed to me that in People vs Doria, the Court laid

down the objective test in determining the credibility of prosecution witnesses
regarding the conduct of unlawful arrest. It is the duty of the prosecution to
present a complete picture detailing the buy-bust operation from the initial
contact between the poseur-buyer and the pusher, the offer to purchase, the
promise or payment of the consideration until the consummation of the sale by
the delivery of the illegal drug subject of the sale.

While a buy-bust operation has been proven to be an effective way to

flush out illegal transactions that are otherwise conducted covertly and in secrecy,
a buy-bust operation has a significant downside that has not escaped the
attention of the framers of the law. It is susceptible to police abuses.

Crucial in proving CHAIN OF CUSTODY is the MARKING of the seized

drugs or other related items IMMEDIATELY after they are seized from the accused.
Marking after seizure is the starting point in the custodial link, thus it is vital that
the seized contraband are immediately marked because succeeding handlers of
the specimens will use the marking as reference, to separate the marked evidence
from the corpus of all other similar evidence from the time they are seized from
the accused to the time they are disposed thus, obviating, switching, “planting”,
or contamination of evidence.

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 These irregularities committed by the said team are, well-nigh, fatal to the
prosecution as the integrity and evidentiary value of the seized items might not be
preserved.

9. I am executing this affidavit to apprise the proper authorities

concerned of the foregoing facts and to the OUTRIGHT DISMISSAL of the above-
mentioned Complaint.
10. I am executing this counter-affidavit, to attest to the truth of the
foregoing and for whatever legal purpose it may serve.
Quezon City, Philippines. 22 February 2019.

_______________________
DON EMILIO SYQUIA,
Respondent-Affiant

SUBSCRIBED and SWORN, to before me in the City of Manila, this 30th day
of December 2012 by Barney Stinson with Residence Certificate No. 00923457
issued at Manila, on December 1, 2012.

_________________________
ATTY. FELIP BRYAN MATIENZO
Notary Public
My commission expires on
December 31, 2019
Doc No. __________;
Page No. _________;
Book No. _________;
Series of 2012.

Copy Furnished:
Ted Mosby