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Republic of The Philippines) Province of Davao Del Sur: S.S. City of Digos) X

1) John Lloyd Adarna files a counter affidavit to deny allegations made against him in affidavits filed with the City Prosecutor's office regarding illegal drug and firearm possession. 2) He provides a detailed account of events on October 16, 2017 contradicting the allegations, stating that he and others were having lunch at a friend's home when armed men raided and arrested them without cause. 3) Adarna denies owning or possessing any illegal drugs or firearms and believes the items planted by the raiding party were not theirs. He maintains his innocence of any wrongdoing.

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0% found this document useful (0 votes)
75 views14 pages

Republic of The Philippines) Province of Davao Del Sur: S.S. City of Digos) X

1) John Lloyd Adarna files a counter affidavit to deny allegations made against him in affidavits filed with the City Prosecutor's office regarding illegal drug and firearm possession. 2) He provides a detailed account of events on October 16, 2017 contradicting the allegations, stating that he and others were having lunch at a friend's home when armed men raided and arrested them without cause. 3) Adarna denies owning or possessing any illegal drugs or firearms and believes the items planted by the raiding party were not theirs. He maintains his innocence of any wrongdoing.

Uploaded by

michellouise17
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES)

PROVINCE OF DAVAO DEL SUR: S.S.


CITY OF DIGOS )
X-----------------------------------/

COUNTER AFFIDAVIT

I, JOHN LLOYD ADARNA, of legal age, Filipino,


married, and a resident of Tenesse Homes, Brgy. San Agustin,
Digos City, Davao Del Sur, after having been sworn to in
accordance with law, do hereby depose and state – THAT:

1. I am the same JOHN LLOYD ADARNA who caused the


execution of this affidavit;

2. That I am the same John Lloyd Adarna who stands as


the respondent in NPS-XI-04-INQ-171-00250 now
pending with the Office of the City Prosecutor, Digos
City;

3. For lack of knowledge as to its truth and falsity, I deny


the allegations in paragraphs (1) and (2) of the
affidavits of the Arresting Officer and Poseur Buyer;

4. I strongly deny the allegation in paragraph (5) of the


above-stated affidavit concerning illegal drugs because
I am never engaged in the illegal drug trade;

5. That the further allegation in the same paragraph which


says that I am armed when transacting on the supposed
illegal trade, is likewise vehemently denied because, as

1
earlier stated, I am not in the business of illegal
trade/drugs nor do I own or carry any firearm.

6. That I am only a school teacher who sweat for my


salary. That the rest of the allegations in paragraph (5)
of the said affidavits are denied for lack of knowledge
sufficient to prove its truth or falsity;

7. I deny all the allegations in paragraphs (8), (9), (10),


(11) and (12) because the truth of the matter is as
follows:

7.a. That on October 16, 2017 at 10:30 in the


morning, more or less, I and my wife Ellen and Xander Ford
went to the house of Spouses Daniel and Kathryn Padilla in
Roxas Ext. Zone III, Digos City;

7.b. That when we arrived at Roxas Ext., the


spouses Kathryn and Daniel Padilla were already cleaning the
store/house;

7.c.That while my wife together with Kathryn


Padilla were preparing for our lunch, IAN VENERACION
arrived and approached me, he asked me about the food we
are preparing;

7.d. That Ian usually come to our house because


we are friends and he was the one who recruited me to be a
member of the Guardians Brotherhood;

2
7.e. That Daniel suddenly approached me and
asked who Ian is;

7.f. That at 1:00 o’clock in the afternoon, more or


less, I together with Xander Ford and Daniel Padilla went to
Tres de Mayo, Digos City, to attend a meeting regarding the
lot owned by Enrique Gil which the latter will subdivide to sell
to the public;

7.g. That Kathryn and Ellen remained in the


aforementioned store to cook “biko” for our snacks;

7.h. That I, Daniel and Xander signed an


attendance sheet during the said meeting. A photocopy of the
attendance sheet is hereto attached as “Annex 1”;

7.i.That after the meeting, we went back directly to


our store arriving thereat at 3:30 o’clock in the afternoon,
more or less;

7.j.That at 5:00 o’clock in the afternoon, more or


less, I and my companions heard a commotion outside.
Simultaneously, we heard someone shouted “RAID NI!”.
Thinking that the commotion and shouting do not concern us,
I, Daniel and Xander and our wives ignored the same, but
only seconds after, we saw seven (7) men going towards the
store;

7.k. That the seven men were carrying firearms and


one of the men, whom I later knew to be PO3 Benedict Delos

3
Reyes was carrying a baby armalite and a man wearing a
jacket and a blue t-shirt was carrying an M16, while a man
who was wearing a vest and a helmet was likewise carrying
an M16. The other four men were carrying short arms;

7.l. That all of them were in civilian attire and that


except for the man who was wearing a vest and a helmet and
the man who was wearing a dirty white cargo pants, all of
them were wearing short pants. The man who wsa wearing a
vest and a helmet wore a t-shirt beneath his vest and had
long khaki pants;

7.m. That except for PO3 Delos Reyes and the one
wearing a vest, the rest smelled of alcohol. That we were able
to smell the alcohol because they stood very close to us;

7.n. That we were all shocked when PO3 Delos


Reyes kicked the bamboo fence of the Spouses Padilla’s
house/store and the group entered the premises;

7.o. That the same PO3 Benedict said in a very


angry voice “Kamo and among tuyo! Dapa! Dapa!” or “We are
here for all of you! Drop! Drop!

7.p. That PO3 Delos Reyes again shouted:

“Asa si Lloydie?” or “Where is Lloydie?”;

7.q. That a man pointed at me and said:


“Mao ni si Lloydie” or “This is Lloydie”;

4
7.r. That all their firearms were pointed at us so
that we, due to fear and surpirse, we all dropped to the
ground;
7.s. That somebody held my head by grasping my
hair and then pushed my face to the ground so that some
mountain mix entered my mouth;

7.t. That I and Daniel were immediately


handcuffed while Xander’s hands were tied at the back using
a rope taken from Spouses Padilla’s clothes’ line;

7.u. That I saw Kathryn, Daniel, Ellen and Xander


were also frisked by the man who was using a dirty white cap,
wearing dirty white cargo pants, a white t-shirt and Ilocano
speaking; however we were not only frisked but our private
parts were maliciously touched by the man who frisked us;

7.v. That as we were lying down, PO3 Delos Reyes


shouted: “Walay molingi kay disgrasya dyud mo ron!” or “Do
not turn your head or else something bad will happen to
you!”;

7.w. PO3 Delos Reyes frisked my pocket sh was


able to get only some money and nothing else;

7.x. That because I was lying face down, I can


only sense that a man came near me and I heard a very angry
voice saying: “Unsa man, tuluyan na nato ni?” Or “Are we
gonna finish him? Let’s finish him?”;

5
7.y. Then heard my wife said: “Ayaw lang sir.
Wala man mi’y sala diri. Wala dyud na’y sala akong bana” Or
“Please don’t Sir, we did not do anything wrong here. My
husband did not do anything wrong”;

7.z. That I, Ellen, Kathryn and Xander heard the


same man who was wearing a jacket and a blue t-shirt asked
Daniel for the location of their sleeping quarters and he
pointed to their room;

7.a1. That after a while, I heard again a voice


saying: “O nay .45, ka nindot ani” Or “There is a .45, this is
very nice”
7.b1. That I heard the voice of my wife saying:
“Dili tawon na amo sir” Or “We really don’t own that sir”

7.c1. That I heard again the same voice who


talked about .45 caliber pistol, asking them for the room
where we slept;

7.d1. That I tried to turn my head and when I was


able to do so, I saw a man wearing a jacket together with a
man wearing a tight fitting black sweat shirt, entered the
room of Spouses Padilla;

7.e1. That after (30) minutes, more or less, I


heard someone said: “Positive, nay items” Or “Positive, there
are items”

7.f1. That I heard my Daniel said:


“Dili dyud na amoa, sir” Or “Those are not ours, sir”;

6
7.g1. That a man from the group went near me,
who was already standing that time and opened the zipper
of my pockets;

7.h1. That because the zipper was not fully opened,


the opening of the pocket was too narrow for the hand of the
man so that when he tried to put his hands in my pocket, the
hem of his jacket was slightly drawn upward. That the plastic
sachet contained white things inside;

7.i1. That due to fear, I told the man:

“Unsa man na sir? Ako lay kuha sa mga butang sa akong


bulsa, sir” or “What is that sir? I will just be the one to
get the thing in my pocket, sir”;

7.j1. That from my pocket the man was only able to get
some money but returned an amount from it when I told him
that the said money was for his children’s allowance;

7.k1. That after frisking me, the man removed my


short cargo pants including my brief;

7.l1. That the group then proceeded to get a table


and a table cover and placed the alleged shabu, the .45
pistol and bullets, however they did not place on the
table the watch, the two cellular phones and the monies
taken from me;

7.m1. That after setting the said items, I was made


to sit on a chair facing the table and the group took
pictures of him with the alleged shabu, the .45 caliber
pistol and bullets. That the man we referred to was
wearing a jacket and a blue t-shirt was the same man

7
who was with PO3 Delos Reyes when the picture was
taken;

7.n1. That we, Ellen, Daniel and Kathryn, saw a


certain man approached me and we heard the man said
to me:

“Si Marlou diay ko, nag unsa dyud diay mo diri?” or “My
name is Marlou, what are you doing here?”;

To which, I answered:
“Ako man ning ig-agaw, nagtabang man mi ug limpyo
diri” or “They are my cousins, we were just helping them
clean the area”;

7.o1. That Xander was then asked by PO3 Delos Reyes:


“Unsa man moapil dyud ka ani?” or “So what’s up, do you
really want to join?”;

To which I answered:
“Kamo. Wala man mi’y dautang gibuhat diri sir” or “It’s
up to you Sir, we are not doing anything wrong here”;

7.p1. That I heard another voice “Ayaw mo ug


kompyansa kang Ian Veneracion kay gilaglag mo niya”
or “don’t be confident with Ian because he betrayed all
of you.”;

7.q1. That upon hearing the words of PO3 Delos


Reyes; I said:

8
“Dili na mahitabo kay wala dyud siya’y ikalaglag namo”
or “That will never happen because he won’t have
anything to say against us”;

7.r1. That I heard PO3 Delos Reyes saying


“gipalitan mo ug shabu ni Ian Veneracion ganinang
buntag, gitug an mo niya” or “you sold shabu to Ian this
morning,he told us about that”

7.s1. That I answered “Sir, wa dyud mi namaligya


diri ug shabu” or “Sir we really don’t sell shabu here.”

7.t1. That at around 6:00 o’clock in the evening, we


were lead outside of the premises and except for me,
Xander, Spouses Padilla and Ellen were made to ride on
a waiting multicab while I was made to ride in the Patrol
Car;

7.u1. That my wife and the others were released


while I remained in the Police Station;

7.v1. That while I was in the prison cell, I heard


PO3 Benedict say “bantay lang jud na si Lloydie” or “that
Lloydie should better watch out”

7.w1. That the allegations as stated in the affidavits


regarding the buy bust operation did not happened;

9
7.x1. That I am just a mere school teacher assigned
in Malita. I am just here in Digos because I took a leave
of two (2) months and extended it for another month;

8. That the allegations regarding the affidavits


concerning the taking of the pictures inside the Police
station of Digos are admitted. While the allegations of
the alleged seized pieces of evidence are vehemently
denied as they are all planted evidence;

9. That the allegation that I was subjected to


laboratory screening is admitted while the rest for the
allegations are denied for lack of knowledge;

10. I am executing this affidavit to attest to the truth of


the foregoing and for whatever legal purposes it may serve.

IN WITNESS WHEREOF, I here unto set my hand this, 4th


day of December 2017 at Digos City Davao del Sur.

JOHN LLOYD ADARNA


Affiant
VOTER’s ID No. 123-45
SUBSCRIBED AND SWORN to before me this 4th day
of December 2017, at Digos City, Davao del Sur, affiant
exhibiting to me the above proof of identity written below his
name.

10
JUSTICE LEAGUE PRACTICE COURT II
Cor Jesu College, College of Law, Digos City
Tel. No.: (xx)xxx-xxx/Cell No.: +63 917 701 4433
Email address: justiceleague@gmail.com

By:

ATTY. EDWARD ROSS DIAZ


Notary Public Until December 31, 2017
Roll No. XXXXX; TIN: XXX-XXX- XXX
BP OR No. XXXXXXX; 12-27- 16
(CY 2018) PTR No. XXXXXXX; 1-04- 17;
City of Digos

Doc. No. ____;


Page No. ____;
Book No. ____;
Series of 2017.

11
COPY FURNISHED

PRACTICE COURT II CALATRAVA GROUP


Cor Jesu College of Law Digos City
Date : _______________
RR : ________________

Explanation of service and filing by registered mail:


A copy of this Petition was served and filed by registered mail
due to man power and distance constraints.

12
ANNEX “1”

13
14

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