Republic of the Philippines } } s.

COUNTER AFFIDAVIT

I, PO1 MARVIN D MARTIAN, of legal age, Filipino and with office address at ____________________________________, after having duly sworn to in accordance with law, hereby depose and say; 1. That I am bonafide member of the Philippine National Police assigned at ____________________________________; 2. That I am accused of Grave Misconduct in an affidavit executed by CHUKCHAK CHENES and sworn to before the Hon. ____________________________________, which on my own knowledge is now pending before the National Police Commission; 3. That I categorically DENY the accusation leveled against me. This allegation is a diabolical scheme to malign my reputation as member of the Philippine National Police; 4. The TRUTH is, I was never charged nor convicted of the crime of perjury; 5. That such fabricated allegations has no basis in fact and in law, but merely designed to weave a story to further implicate me and my fellow policeman, SHAIDER of a crime of ____________________________________ now pending before the Hon. City Prosecutor of ____________________; 6. That to further shed light on the root cause of this accusation, I hereby manifest that indeed, I executed a sworn statement relative to the case pending between SHAIDER and CHUKCHAK CHENES; Attached is a copy of the Sinumpaang Salaysay sa Pagaresto as Annex 1; 7. That upon perusal of the said document there is nothing indicative of a perjured statement, but a biblical narration of what truly happened on that night; 8. That if ever there seems to be a noticeable inconsistency, this is merely product of confusion, because I was not the one who prepared the written statement. As it is, it is not a deliberate act to distort facts as it happened;

9. That indeed I am on duty during that night and I was roving the place using my motorcycle. Afterwards, ____________________________________ called me to proceed to ____________________________________. There I met my former classmate and fellow policeman ____________________________________ and some of my provincemates, who invited me to join them; 10. That before I could respectfully turn down the invitation, an untoward incident happened, which I narrated on my sworn affidavit which I will submit to the Hon. City Prosecutor, and hereto attached as Annex 2; 11. That there is truth to the sworn statement of ____________________________________, that she called my assistance to pacify and intervene in the altercation between CHUKCHAK CHENES and a Guest Relation Officer; 12. That as a Policeman, together with SHAIDER, it is our sworn duty to respond to that untoward incident; 13. That it was indeed CHUKCHAK CHENES who first shot at us when he came back. 14. That unfortunately, through illegal maneuver, we fall prey to some devise or scheme of some people who clearly have no intention but to cover up the truth even to the extent of sacrificing us members of the Philippine National Police; 15. That I hereby denounce the blatant disregard of Standard Operating Procedure, such as the absence of an immediate ocular inspection to the alleged crime scene in order to recover and protect vital evidences, paraffin test of the parties involved, and the proper chain of custody of recovered evidences; 16. That to set the record straight, I and SHAIDER are the victims of that fateful night, and now respondents of a case before this Honorable Office ; 17. That to reiterate, if ever there are minor inconsistencies to the statements submitted to the Honorable Prosecutor _____________which I did not personally, such inconsistencies if ever could not be equated into a GRAVE MISCONDUCT. As far as I know, I sworn only to the MATERIAL points that it was CHUKCHAJ CHENES who was the true perpetrator of the different crimes committed.

18. As such, I am executing this Counter-Affidavit to attest to the truth of the foregoing statements and to pray upon this Honorable Office that the Complaints against me be dismissed for lack of any factual and legal basis. 19. Other reliefs just and equitable in the above premises are likewise prayed for.

IN WITNESS WHEREOF, I hereunto affix my hand this ________ day of_______________, in the City of_______________.

PO1 MARVIN D MARTIAN Affiant SUBSCRIBED AND SWORN to before me this _________ day of _______________ in the City of______________.Affiant exhibited to me his identification indicated below his name as his competent proof of identity. I further certify that the affiant attest to the truth of the foregoing facts based on his own personal knowledge and I am satisfied that he voluntarily executed and understood his affidavit.

ADMINISTERING OFFICER