Republic of the Philippines)

City of Zamboanga..)
x--------------------------------x
COUNTER-AFFIDAVIT

I, JULMAN HUSAIN, of legal age, married, and a resident

of Maluso, Basilan, after having been duly sworn to in
accordance with law, do hereby depose and state:

That I am the named Respondent in the Case before the

Office of the City prosecutor docketed as N.P.S. Docket No. IX06-INQ-17A-00030 for Violation of Section 5 & 11, Article II, of
R.A. 9165.
I vehemently deny the allegations against me for selling
and possessing shabu as it is false and mere fabrication. The
truth in the matter is:

I was illegally arrested and that the alleged shabu was

never in my possession or contacted any person for the
purpose of selling shabu. To provide a clear perspective of the
foregoing claim, allow me to recite the following facts -STATEMENT OF FACTS
1. I am a resident of Maluso, Basilan. I live there with my
family and I work as a fisherman. My daily income
depends upon the amount of fish that my son sells a day.
Usually we get up to P1,000.00 a day but not less than
500.00 a day.

2. I have a wife who is about to give birth to our sixth child.

Considering that this is the only girl among our children
and her pregnancy was a bit complicated, we wanted to
make sure that she will have a safe delivery. We went to
Zamboanga on 4 January 2017 to have her maternal
check-up at the clinic of Dr. Julkipli.
3. While in Zamboanga, we temporarily stayed at the house
my wifes sister, Diana Uddin, at San Jose.
4. On 5 January 2017, my wife and I went to have her
checked by her doctor. The doctor advised that my wife
will give birth any time as her due date will be on 11
January 2017. In case she will not yet give birth on or
before 11 January, she should come back to her clinic.
5. We then decided to stay in San Jose, Zamboanga until
she gives birth.
6. On 7 January 2017, I was instructed by the sister of my
wife, Gerna Ismael, who is currently abroad, to paint her
house in Armor Village, San Jose Gusu. The said house
was previously rented but is now vacant. Gerna Ismael
told us that we can temporarily use the house as a care
taker.
7. At around 5 oclock of the same day, I received a message
from the number of my wife. It says that she is in the
Zamboanga City Medical Center and about to give birth.
8. I rushed to the house of my sister-in-law at San Jose and
I saw my sister-in-laws husband, Reagan Uddin. I asked
him if he can bring me to the hospital since he has a
motorcycle. He agreed and so I rode at the back of his
motorcycle and we went our way to the hospital.
9. At around 7 oclock in the eveing, we reached the gate of
the hospital. I disembarked from the motorcycle and
Uddin instructed me just go straight to the emergency
room.

10.
When I reached the emergency room, I was
unfamiliar with the place so I asked and told the security
guard that my wife, Darfaisa Husain, is about to give
birth. At the mention of my wifes name, one man in
civilian clothing grabbed my hand. I tried pull my hand
from him but he said that he was a police officer. I was
afraid at that time and just followed him as he was
assisted by six (6) other men.
11.
While walking, he frisked my body. I told him that I
do not have anything with me. I only have P3,000 in my
pocket but then it was taken from me.
12.
I was made to ride a black sedan car and was asked
my address. I told him that I temporarily stay in San Jose
but we will be transferring to Armor Village, San Jose
Gusu.
13.
One officer hit me with his elbow and told me to
bring them to the house at armor village. When we
reached the house, they searched the entire house but
found nothing.
14.
I was later on brought to Sinunuc Police Station. I
was made to enter a room at the second floor and I sat in
front of a table. One officer asked me if I sell shabu. I told
them that I do not sell shabu, I do not even use shabu, I
sell fish for a living.
15.
I was surprised that they placed one hundred peso
bills and plastic sachets on the table where I sat and took
a photograph of me with the plastic sachet with white
substance.
16.
After taking the pictures, I was brought to the Camp
General Eduardo Batallia at RT Lim Boulevard. I was
asked to urinate for a drug test, however, it appeared to
be negative.
17.
I was then brought back to the Sinunuc Police
Station where I saw my wife, Darfaisa Husain, already
detained.

18.
I did not see any elective official or media
representative at the time I was taken from the
Zamboanga City Medical Center until I was detained in
the Sinunuc Police Station.
19.
When I was arrested, the police officers did not
inform me of my constitutional rights nor was I informed
of the offense I committed. Defenseless, I was detained in
a cell without knowing the violation I committed. Because
of the illegality of arrest committed by police officers, my
family is now in prejudice since I am the sole provider of
my family and my wife who takes care of my children is
also detained. My newly born child who is a week old is
trying to survive without the care of her mother.
20.
No inventory of the items seized was made at the
place where I was arrested and no inventory was made in
my presence. I was made to sit front of the table where
there are plastic sachets with white substance and one
hundred peso bills and took pictures of me without my
understanding of what was happening.
21.
The allegations of the police officers that I was
arrested at Armor Village, San Jose Gusu at 11 oclock in
the evening are mere fabrication. The truth is, I was
arrested at the Zamboanga City Medical Center at around
7oclock in the evening. If it is true that I was arrested at
11 oclock in the evening, then why is it that the
Memorandum for Request for Laboratory Examination
dated 7 January 2017 and request for drug test were
received by the Regional Crime Laboratory at 11:06 of 7
January 2017? It is improbable that the alleged sale or
transaction, the alleged inventory and time of
transportation could have all been completed in6
minutes.
22.
The implausible time interval is a clear
manifestation that the allegations of the police officers
are merely fabricated.

23.
I am executing this affidavit to attest the
truthfulness of the forgoing facts and to further attest
that I am completely innocent of the charges against me
and for the dismissal of the criminal complaint against
me.
IN WITNESS THEREOF, I have hereunto affix my
signature this _____________ in the City of Zamboanga,
Philippines.

DARFAISA HUSAIN
Affiant
SUBSCRIBED AND SWORN TO before
_______________at Zamboanga City, Philippines.

me

this

THIS IS TO CERTIFY THAT I have personally examined

the herein affiant and I am fully satisfied that he executed and
understood his affidavit.