Republic of the Philippines

City of Tarlac

)
)S.S.

COUNTER-AFFIDAVIT
I, WILLY MATEO Y JAVIER, of legal age, married, and a resident of Brgy.
Banaba, Tarlac City, after being duly sworn to according to law, hereby
depose and state that:
1. I am the respondent in a criminal complaint for Violation of Republic
Act No. 9165, specifically for the alleged act of selling illegal drugs;
2. I vehemently deny the following allegations in the Affidavit of Poseur
Buyer of PO1 Mark Anthony L. Latonio dated May 6, 2014 and the
Joint Affidavit of Arrest of PO3 Marino C. Balatbat, Jr. and PO2 Ruy P.
Fabros, Jr. dated May 6, 2014 that:
2.1. On May 6, 2014, around 4:30 PM, at ECO Lodge Hotel (hereinafter
referred to as the hotel) at Brgy. Sto. Cristo Rey, Capas, Tarlac, a
Confidential Asset introduced PO1 Mark Anthony L. Latonio
(hereinafter referred to as the Poseur Buyer) to me as someone who
wanted to purchase shabu;
2.2. A transaction between the Poseur Buyer and me took place on said
date and place;
2.3. The Poseur Buyer received from me a sachet containing shabu:
2.4. I received as consideration for the shabu one (1) Five Hundred Peso
bill (PhP500);
2.5. A certain PO2 Ruy P. Fabros, Jr. (hereinafter referred to as the
Seizing Officer) conducted a body search on my person after the
alleged transaction took place;
2.6. Neither the Poseur Buyer or the Seizing Officer read to me my
constitutional rights during nor immediately after the arrest;
3. What actually transpired on the date and place of the alleged incident are
as follows:
3.1.On May 6, 2014, I went to the hotel with ___________ ;
3.2. Since we extended our stay in the hotel beyond what our immediate
cash then could pay for, we opted to leave our things as we went to
withdraw money from an ATM machine;

3.3. Around 2:30PM of the same day, we went back to the hotel to pay
the rental fee of three hundred pesos (P300);
3.4. We first came back to our room to retrieve our things;
3.5. While we were getting dressed to leave, a hotel staff knocked on the
door requesting for the rent, which I paid with a Five Hundred Peso
bill;
3.6. A few moments after, we heard someone knocking on the door and
telling us that our change for the P500 bill is ready;
3.7. Upon opening the door, instead of a hotel staff, several persons
claiming to be members of the PDEA rushed inside the room and
ordered us to sit on the bed;
3.8. We complied as commanded and saw the intruders carrying several
items inside the room placing each item at the table and taking
photographs of it;
3.9. The intruders then made the remark to the effect that the items were
taken from the belongings we left at the hotel while we were away
and that we used said items for the purpose of taking shabu;
3.10.
It was then that the intruders handcuffed me and brought me to
the Capas Police Station where I was further detained;
4. Based on the foregoing, there is in fact no buy-bust operation as alleged
in the abovementioned affidavits;
5. Furthermore, assuming arguendo that there was indeed a sale inside a
room in the hotel, it is quite unbelievable how the poseur buyer, by
removing his cap, would have signaled his colleagues that the sale has
been consummated;
6. Clearly, the allegations in the said affidavits are merely fabrications illtailored to make it appear that the police officers conducted a proper buybust operation;
7. I executed this affidavit under oath in order to state the facts relative to
my arrest on May 6, 2014 and to prove false the allegations by the police
officers in their affidavits that I engaged in the sale of illegal drugs and
that the arrest of the police officers were without probable cause since I
was not committing any crime that is known to them at the time of the
arrest while inside a room in a hotel.

IN WITNESS WHEREOF, I hereunto set my hand this 12 th day of May

2014 at Tarlac City.

WILLY MATEO Y JAVIER

Affiant
SUBSCRIBED AND SWORN TO before me this 12th day of May2014 at
Tarlac City.