Republic of the Philippines

Department of Justice
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
Baguio City
PEOPLE OF THE PHILIPPINES,
Complainant,
-versus-

I.S. No. 123945773

For: Violation of Sec. 5 Article 2 of
RA 9165 (Selling of Dangerous
Drugs

JUANCHO DELA CRUZ,

Respondent.
x----------------------------------------------------x

COUNTER-AFFIDAVIT

I, JUANCHO DELA CRUZ, Filipino, of legal age, and with residence at 666
Upper Quarry, Baguio City, after having been duly sworn in accordance with law,
hereby depose and state that:
1. I was charged by SPO1 NILO BENTRES CABANSI for violation of Sec. 5
Article 2 of RA 9165 (Selling of Dangerous Drugs);
2. I did not sell drugs and I vehemently deny all the allegations that he has
stated on his complaint- affidavit. There is no truth to the charges being
leveled at me. The statements of the complainant and the witnesses are full of
lies and were meant to extort money from me;
3. The facts on the complaint affidavit that he has made against me were merely
fabricated stories because I refused to give in to his demand of giving ten
thousand pesos (P 10,000.00);
4. On 10 November 2015, at around 3:00 P.M, I was managing my store in Brgy.
Magsaysay, Baguio City. Shortly after Pastor Honesto Kagalanggalang
dropped by to pick up some orders, a man entered my store. The man bought
1

cooking pots for the amount of P500. He gave me P1,000 pesos, so I gave
him P500 back. I immediately went back to Pastor Honesto and prepared his
orders;
5. After sometime, a uniformed men together with a civilian entered my store. I
left Pastor Honesto in the bodega and approached the men;
6. They identified themselves as members of PNP. They asked me if I could give
them Pamasko. I told them that I did not have much sales that day and that
the business was not really doing great. I handed P500 to Dawaton;
7. Dawaton handed the P500 to SP01 Raguindin. They whispered to each other.
Dawaton again approached me and said that his Boss wanted P10,000. He
added that if I dont cooperate, they would make my life hell. He informed me
that one of my customers that day had already made a payment using a
marked money;
8. I refused to give them P10,000 and cursed at them. I told them that they are
corrupt and that I would report them to higher authorities;
9. Dawaton tried to pacify the situation and negotiated the amount to P5,000. I
still refused to give them the amount. I told them to go ahead and arrest me if
they want, and that I havent done anything illegal;
10. SPO1 Raguindin shouted and threatened me that they would put me in jail. I
cursed back at him;
11. Several police men entered my store and handcuffed me. They took the
money from my cash register. After which, SPO1 Cabansi placed me in a
police vehicle and forced my hand to touch a sachet of white substance;
12. I was brought to the police station;

13. I strongly believe that Cabansi filed the complaint to extort money from me
and to harass me;
14. I am voluntarily executing this affidavit to attest to the truthfulness of the
foregoing facts and to support the outright dismissal of the complaint filed
against me.
AFFIANT FURTHER SAYETH NAUGHT.
IN WITNESS WHEREOF, I have hereunto set my hand this 5 th day of
December 2015, in Baguio City.

JUANCHO DELA CRUZ

Accused/Affiant

SUBSCRIBED AND SWORN TO before me, this 5 th day of December 2015 in

Baguio City.

SUBSCRIBED AND SWORN to before me this 5 th day of December 2015 in

the city of Baguio. I further certify that I have personally examined the Affiant and I
am satisfied that he/she voluntarily executed and understood his/her statement.

Gloria T. Gonzales
Administering Officer
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 2015.