REPUBLIC OF THE PHILILPPINES

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
PROVINCIAL PROSECUTION OFFICE
Luna, Apayao

CASTRO MANGEDA LOOY, NPS NO. II-02-INV-15C-0030

Complainant,
-versus-

ALEX INFANTE ALACQUIAO, FOR: Viol of COMELEC Gun Ban

Respondent.
x-------------------------------------------------x

COUNTER- A F F I D A V I T

I, ALEX INFANTE ALACQUIAO, of legal age, a resident of Brgy. Talfugo,

Conner, Apayao, after having been sworn in accordance with law, hereby
depose and say THAT:

1. I am the respondent in the instant case;

2. On March 7, 2019, at about 5:00 pm, personnel of Conner MPS,

Apayao PPO; RIU1 14 and CIDG implemented the Search Warrant issued by
Hon. Judge Greta Mae B Gayugay of MCTC Kabugao-Apayao of Poblacion,
Kabugao, Apayao at my house and premises located at Brgy. Talfugo,
Conner, Apayao;

3. During the search, the operating troops were able to seize and
confiscate one (1) home made shotgun with serial number at my residence;

4. Inventory was immediately done at my house in my presence

and elected barangay officials. Thereafter, the police officers informed to
me my constitutional rights and they were me to include the confiscated
contrabands at Conner MPS for documentation;

5. A case for violation of RA 10591 (New Firearms Law) has been

referred to the Office of the Provincial Prosecution of Apayao docketed
under NPS NO.__________;

6. On March 27, 2019, the undersigned received a subpoena from

the Provincial Prosecution Office for violation of COMELEC Gun Ban
docketed under NPS NO. II-02-INV-15C-0030 relative to the case filed against
me for violation of RA 10591;

7. The undersigned strongly opposes the case for violation of

COMELEC Gun Ban filed against me and be dismissed outright for the
following reasons;
 a. That the subject firearm was seized/confiscated inside of my
house on the occasion of a search warrant operation on March 7,
2019 wherein it is considered as election period;

b. Pursuant to Rule II Section 2 of COMELEC Resolution No. 10446

in relation to Section 261 (q) of the Omnibus Election Code (BP
No. 881), the provision reads in this wise;

SECTION 2. Prohibited Acts. - During the Election Period:

a. No person shall bear, carry or transport Firearms or Deadly

Weapons outside his residence or place of business, and
in all public places, including any building, street, park, and
in private vehicles or public conveyances, even if he is
licensed or authorized to possess or to carry the same,
unless authorized by the Commission, through the CBFSP, in
accordance with the provisions of this Resolution.
(emphasis supplied)

c. It is clear on the aforementioned provision that what is

prohibited is carrying, bearing or transporting of firearms and deadly
weapon outside of residence or place of business.

d. In my case, the firearm was confiscated/seized inside of my

house/residence when the police officers implemented the search warrant
signed by the honorable judge. Hence, the provision of COMELEC Gun Ban
does not fall squarely in the instant case.

8. WHEREFORE, all the foregoing premises considered, respondent

respectfully prays that the complaint for violation of COMELEC Gun Ban be
dismissed outright for lack of probable cause.

AFFIANT FURTHER SAYETH NAUGHT.

IN WITNESS WHEREOF, I have hereunto set my hand this___th day of

April 2019, at Conner, Apayao

ALEX INFANTE ALACQUIAO

Affiant

SUBSCRIBED AND SWORN to before me this ___th day of April 2019, at

Conner, Apayao with ID NO._______ issued on __________ at _____________ and I
hereby certify that I have examined the herein affiant and I am fully
convinced and satisfied that he voluntarily executed the affidavit in his own
free will and volition and that he understood all the contents of the same.
Notary Public