Counter-affidavit.docx

REPUBLIC OF THE PHILIPPINES) CITY OF I L O I L O)Sc. x- - - - - - - - - - - - - - - - - - - - - -x COUNTER-AFFIDAVIT I, P/SUPT. JULIUS B. BALANO, of legal age, married, Filipino, a member of the Philippine National Police with a rank of Superintendent, and presently assigned and designated as Deputy Chief, Regional Intelligence Division (RID), R2, PNP Regional 6, Camp Martin Delgado, Port San Pedro, City Proper, Iloilo City, under oath, hereby declare: [1] That I am the same P/Supt. Julius B. Balano who is one of the respondents in a baseless complaint for ‘’robbery and planting of evidence’’ which was instituted by NEIL BRYAN TUMLOS y BENLIRO before the Office of the Provincial Prosecutor, Province of Iloilo and docketed as NPS No. VI-II-INV-17j-00889 to 00889-A; [2] That I got terribly shock upon receiving and reading such complaint because complainant would like to impress before this Honorable Office that he was allegedly a victim of robbery and that of planting of evidence although there was no such an incident,hence, herein respondent hereby specifically and categorically DENY all such malicious allegations and the truth on the matter are those set forth herein following: [2.1] Complainant was a legitimate subject of a long time surveillance and casing operation undertaken by the PNP 6 Regional Intelligence Division which intelligence operations yielded a conclusion that indeed complainant has been engaging in certain illegal drug related activities, hence, a buy-bust operation against him was planned and eventually implemented by various units on September 26, 2017 at Block 76, Lot 30, Providence Subdivision, Barangay Balabag, Pavia, Iloilo. Such buy-bust yielded positive result and lead to the recovery of illegal drugs and unlicenced firearms in the position of complaint. [2.2.] Cases for violations of Sections 5, 11 and 12 of Article II, RA 9165, as amended, were immediately filed before this Office on on October 11, 2017 and 1

were docketed as I.S. No. VI-11-INQ-17I-00847, 00847A, 00847-B and 00847-C. Copy of the complaint and its accompanying documents and with their corresponding markings which listed in the table below, are hereto enclosed for this Office’s immediate consideration and reference, to wit: NATURE OF DOCUMENTS 1. 2. 3. 4. 5. 6. 7. 8.

Investigation Data Form Complaint against Niel Bryan Tumlos y Benliro for Violation of RA 10591 Police Blotter of Pavia Municipal Police Station dated September 26, 2017 Judicial Affidavit of PO1 June Paul Aujero Judicial Affidavit of PO2 Jade Jorillo Inventory of Recovered/Seized Articles from Neil Bryan Tumlos y Benliro

MARKINGS Annex ‘‘1’’ Annex ‘‘2’’ Annex ‘‘3’’ Annex ‘‘4’’ Annex ‘‘5’’ Annex ‘‘6’’

Request for Firearms Holder Record Verification dated October 6, 2017 Annex ‘‘7’’ Initial Firearm’s Holder Verification Report dated October 7, 2017 Annex ‘‘8’’

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Request for Firearm Classification dated October 9, 2017 Annex ‘‘9’’ 10. Result of Firearm Classification dated October 9, 2017 Annex ‘‘10’’

11. Certification 12. 13. 14.

15. 16. 17.

from Firearm and Explosive Office for the existence of information in FIMS Masterfile Turn Over Slip/ Chain of Custody Photographs of Recovered Firearms Complaint against Niel Bryan Tumlos y Benliro for Violation of Sec.5, 11 and 12 of Article II of RA 9165 and Resisting Arrest Request for Chemical and Quantitative Examination dated September 26, 2017 Photographs of Inventory and Confiscated Evidence Pictures of Mitsubishi Montero Sport where the suspected illegal drugs was recovered

Annex ‘‘11’’ Annex ‘‘12’’ Annex ‘‘13’’ Annex ‘‘14’’ Annex ‘‘15’’ Annex ‘‘16’’ Annex ‘‘17’’

[2.3] Complainant were duly furnished copies of the mentioned documents but he opted to remain in silent because obviously the allegations therein are true. Being true, on October 19, 2018, the Office of the 2

Provincial Prosecutor handed a Joint Resolution finding our complaint to be replete with merit. The fallo of which reads as fallows: “PREMISES CONSIDERED, it is hereby recommended that separate Informations for Violation Section 5 (Selling of Dangerous Drugs), Section 11 (Possession of Dangerous Drugs) and Section 12 (Possession of Equipment, Instrument, and other Paraphernalia for Dangerous Drugs) of Article II of R.A. 9165; and violation of Article 151 of the Revised Penal Code, as amended, (Resistance and Disobedience) be filed against Niel Braym Tumlos y Benliro at the proper court which has jurisdiction over the respective cases.”

[2.4] The corresponding Informations were filed in Court and when arraigned – accused unhesitantly entered his plea. Copy of the complainant’s Certificate of Arraignment is hereto attached and marked as Annex “18”. Remarkably, by entering a plea complainant Tumplos thereby admit that he was validly arrested. Otherwise, he should have filed a Motion to Quash on the ground of lack of jurisdiction over his person. [3.] Beyond cavil, complainant’s allegations are mere product of his imagination orchestrated to harass the respondents with a view of lessening their sincerest desire to actively prosecute complainant for the crimes he has committed. [4.] It bears stressing that insofar as herein respondent is concerned – he has never entered the premises where complainant was subjected to buy bust operation because the participation of his unit (R2) of which was the former Officer-In-Charge was limited to covert operations, such as, surveillance and casing operations. Indeed, the allegations in the complaint of Mr. Tomlus are all hearsay and therefor deserves scant considerations. [5.] Truly, respondents have legitimately and regularly performed their respective duties and functions and that they are completely innocent of the alleged crimes imputed against their persons.

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Thus, it is respectfully prayed unto this Honorable Office that the complaint extant be ordered dismissed for lack of factual and legal basis. I hereby certify that the foregoing allegations are true and correct of my own personal knowledge and based on authentic records. IN WITNESS WHEREOF, I, hereunder affix my signature this 31st day of January 2018 in the City of Iloilo, Philippines. P/SUPT. JULIUS B. BALANO PRINCIPAL Evidence of Identity: PNP Identification Card with Badge No. 0-16401 Issued on April 26, 2016 and valid until Sept. 6, 2019

SUBSCRIBED AND SWORN to before me this 31 st day of January 2018 in the City of Iloilo, Philippines by P/Supt. Julius B. Balano who has been identified by me to be the very same person who executed and sign the foregoing COUNTER-AFFIDAVIT based on a competent evidence of his identity the details of which set out below his name and signature herein above-inscribed. I hereby certify that I have personally examined the said person and I am fully satisfied he fully know the contents and meaning of his said affidavit and that he swore to me that the same are true and correct of his own personal knowledge and based on authentic documents.

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