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REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT


Sixth Judicial Region
Kalibo, Aklan

PEOPLE OF THE PHILIPPINES,


Plaintiff,
Criminal Case No. 1954-A
-versus-
For: ALARM AND SCANDAL
PSMS PETER UMITEN y TAFALLA,
Accused.
x---------------------------------------------------------x

PEOPLE OF THE PHILIPPINES,


Plaintiff,
Criminal Case No. 1955-A
-versus-
For: GRAVE THREATS

PSMS PETER UMITEN y TAFALLA,


Accused.
x----------------------------------------------------------x

OMNIBUS COMPLIANCE/TRANSMITTAL

COMES NOW, the undersigned Accused, unto this Honorable Court, most
respectfully states that:

In compliance with the Summons issued by this Honorable Court dated


January 6, 2020, herein Accused hereby submits his Counter-Affidavit and other
supporting documents for the above-entitled cases.

Kalibo, Aklan, Philippines, June 20, 2020.

PSMS PETER T. UMITEN


Accused

Copy furnished by personal service:

PMSg. EPHRAEM S. PURA, JR.


Complainant
Kalibo Municipal Police Station
Kalibo, Aklan
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF AKLAN -------------)S.S.
MUNICIPALITY OF KALIBO ------)
x--------------------------------------------x

COUNTER-AFFIDAVIT

I, PSMS PETER T. UMITEN, of legal age, Filipino, married, a resident of


Brgy. Baybay, Makato, Aklan, Philipiines, a bona fide member of the Philippine National
Police (PNP) and presently assigned at the Provincial Operation Management Section,
Aklan Police Provincial Office (APPO), Camp Pastor Martelino, New Buswang, Kalibo,
Aklan, after having been sworn to in accordance with law, do hereby depose and say:

I am the Respondent/Accused in the above-entitled complaints docketed as


Criminal Case No. 1954-A for Alarm and Scandal and Criminal Case No. 1955-A for
Grave Threats, both filed by PMSg. EPHRAEM S.PURA, JR. of the Kalibo Municipal
Police Station, Kalibo, Aklan;

I vehemently deny the accusations of Alarm and Scandal and Grave Threats
lodged against my person in the above-entitled complaints, allegedly transpired last
December 22, 2019 at about 9:00 o’clock and 10:45 in the evening, for being unfounded
and without any factual and legal basis. The truth of the matter is that during that time I
was already resting at our house at Brgy. Baybay, Makato, Aklan; hence, I could not
possibly commit the alleged crimes being imputed against me;

I was surprised early in the morning when I was informed by my neighbor that he
heard on the radio that I was subject of a manhunt operation and shoot to kill order and
that I was involved in indiscriminate firing. In addition, it was reported in the radio that
allegedly another indiscriminate firing incident had happened at about 7:00 in the
morning of December 23, 2019 at Crossing Buswang, Brgy. Old Buswang, Kalibo, Aklan
which was attributed to me but in fact it turn out that it was just a firecracker but it was
adjudged by the public that it was me who allegedly came back and indiscriminately
fired a gun thereat. That from this, it could be perceived that an incident attributed to
me was being interpreted to be true by the public and the media. A conduct of a
thorough investigation, however, revealed that it was a false accusation and someone is
making a scenario to be attributed to me;

I decided to go to Kalibo Police Station to clear my name about this matter


however I was informed that a press conference at Aklan PPO was held and turned out
that I am still subject of hot pursuit operation and shoot to kill order. Certain that I am
innocent from the allegations, I decided to look for a lawyer for legal advice;

At around 5:00 o’clock in the afternoon of December 24, 2019, I received an


information that I was ordered restricted by PCOL ESMERALDO P OSIA JR our PD.
Thereafter, I decided to contact my Chief Operations Officer, PMAJ NORLAN L
PERANTE and told him that I am at my friend’s house at Banga, Aklan and he fetched
me there towards Aklan PPO and I obeyed the order of restriction of our PD until this
moment. Further, I surrendered my issued firearms to the Aklan PPO Supply Section;

In particular, as to the charge of Grave Threats, the same should be dismissed


outright. Under Article 282 of the Revised Penal Code, Grave Threats is committed “By
threatening another with infliction upon his person, honor, or property or
that of his family of any wrong amounting to a crime and demanding
money or imposing any other condition, even though not unlawful, and
the offender attained his purpose; and By making such threat but the
offender did not attain his purpose. The elements are as follows, to wit:
A. Elements where offender attained his purpose:

1. That the offender threatens another with infliction upon his person, honor, or
property or upon that of the latter’s family of any wrong;
2. That such wrong amounts to a crime;
3. That there is demand for money or that any other condition is imposed, even
though not unlawful; and
4. That the offender attains his purpose.

B. Elements of grave threats not subject to a condition:

1. That the offender threatens another with infliction upon his person, honor, or
property or upon that of the latter’s family of any wrong;
2. That such wrong amounts to a crime; and
3. That the threat is not subject to a condition.

Clearly, the words, “PUTANG INA NINYO”, allegedly uttered by me against


the Private Complainant, Ruby B. Villanueva, cannot be legally considered as a
“threat”. Such is not a threat contemplated under the law. It is not an infliction
upon the person of the Private Complainant, his honor, or his property or
that of his family of any wrong amounting to a crime. Also, the phrase
“PUTANG INA NINYO” does not amount to a crime. Simply put, it is just an
expression;

Likewise, there is neither any testimony alleged by the Private


Complainant nor any evidence presented to show that when I allegedly
shouted the words “PUTANG INA NINYO”, it was addressed to or intended
for either the Private Complainant, Ruby B. Villanueva, or to Rona Mae B.
Villanueva, or to any other person thereat, or that there was demand for
money or that any other condition was imposed, unlawful or otherwise; or
that such threat was not subject to any condition; or that the purpose was
attained;

It is evident that the elements of Grave Threats are absent in Criminal


Case No. 1955-A. IN FACT, IT IS THE HUMBLE SUBMISION OF THE
UNDERSIGNED THAT THE ALLEGATIONS IN THE INSTANT COMPLAINT
FOR GRAVE THREATS IS ABSORBED IN THE CRIME OF ALARM AND
SCANDAL in Criminal Case No. 1954-A;

Under Article 155 of the Revised Penal Code, Alarm and Scandal is committed
“by any person who within any town or public place, shall discharge any
firearm, firecracker, or other explosives calculated to cause alarm or
danger. IT IS RESPECTFULLY SUBMITTED THAT THE ALLEGED
DISCHARGE OF FIREARM IS ALREADY COVERED AND SUBJECT OF
CRIMINAL CASE NO. 1954-A FOR ALARM AND SCANDAL; THUS, SHOULD
BE DISMISSED;

For the information of this Honorable Court, the instant Complainants arose due
to the contract of services I entered with Dennis B. Villanueva or Dinnes B. Villanueva
for the repairs of my motor-vehicle. He is the brother of the Private Complainants, Ruby
B. Villanueva and Rona Mae B. Villanueva;

Sometime on September 2019, while I am driving my car, Toyota Corolla, color


gray, fronting Kalibo Public Market, Kalibo, Aklan, I encountered mechanical trouble
particularly its radiator. Therein, rice vendor approached and told me that he knows a
mechanic who can handle the trouble of my car. That I agreed and he called the
mechanic later known to me as Dennis Villanueva. Dennis Villanueva arrived and we
brought my car to their shop situated at the back portion of Provincial Hospital and I
left it there to be fixed by him. Later, when I went at Aklan Police Provincial Office, he
came and shown me a list of materials with estimated amount and I gave him PhP
14,000.00 to purchase the materials needed to repair the car. Further he told me that he
will buy it a brand new radiator;

Dennis Villanueva, however, failed to make the necessary repairs on my car and
made various excuses, and even refused to respond to my inquiries about the status
thereof. Later, he told me that the car was at the Aircon Repair Shop in front of AKELCO
Office, Andagao, Kalibo, Aklan. Then, sometime on October 2019, I found out that he
was arrested by Kalibo MPS thru a warrant for theft case against him. That in addition,
he was aided by my sister in-law Php 2,000.00 for the bail for his temporarily liberty so
that he can continue to fix my car. However, thereafter, he has so many alibis why he
cannot deliver my car to me;

That sometime on November 2019, I personally went to verify the status of my


car at the Aircon Repair Shop only to find out that it was already fixed and he has
accounts payable of only Php 1,700.00 despite the money we given him. The owner of
the shop told me that the car was there for almost one (1) month and when they
contacted Dennis he said that he was in Manila and the owner of the shop is charging
him for storage fee already. That when I tried to start my car thru my duplicate key, it
was not functioning and I found out that it has no battery, the stereo, reserve tire, two
(2) jacks and tools was also missing. Also, my athletic Police T shirt uniform and my
empty shells being kept at the small car drawer were missing. Wherein the Aircon Shop
Owner told me that Dennis took the same;

In that juncture, I pressured him to return the same and brought my car at Aklan
PPO which he did but he uses another battery for he said that the original battery is still
on charge but I told him that it was a brand new battery and he promised me to bring
back the items he took the following day. However, on the month of December 2019, he
just texted me so many alibis why he can’t still fix my car despite my plea to him to fix
the same and return the items he took. But he replied all promises to no avail;

In addition, I am using the said car to fetch my daughters from our house at Brgy.
Andagao, Kalibo, Aklan to their school every class days. That as a consequence, I can’t
fetch them when it raining and my mother which was sick, suffering cancer has to go to
our house and personally fetch my children to school renting a tricycle, which added to
our much inconvenience;

Now I fully understand that it was really his modus operandi for upon my
conduct of background investigation to him, he has several pending cases and has
already been convicted of three (3) offenses before this Honorable Court for Criminal
Case No. 1398-A for Violation of BP 6; Criminal Case No. 1464-A for, OTHER FORMS
OF DECEIT; and Criminal Case No. 1366-A, also for OTHER FORMS OF DECEIT. He
has likewise other pending cases before the 4th Municipal Circuit Trial Court of Makato
and Tangalan, docketed as Criminal Case No. 1536-M for THEFT and Criminal Case No.
1537-M also for THEFT; (Copies of Court Orders and other information relative thereto
are hereto attached as Annex “A”)

Records would show that in the commission of almost all of the crimes filed
against Dennis B. Villanueva, he was always together or accompanied by his brother,
herein Private Complainant, Ruby B. Villanueva;

Although the deception made by said Dennis Villanueva to me for almost four (4)
months has brought me to a boiling point, I still cannot do the allegations thrown at me.
For being a police officer, I clearly understand that in any circumstances, maximum
tolerance should be the utmost option.
In view of the foregoing, it is most respectfully prayed of the Honorable
Investigating Court TO DISMISS the above-entitled cases for lack of any basis in fact
and law.

I am executing this Counter-Affidavit to attest to the truth of the foregoing facts


for all intents and legal purposes.

IN WITNESS WHEREOF, I have hereunto affixed my signatures this 20th day of


January, 2020 at Kalibo, Aklan, Philippines.

PSMS PETER T. UMITEN


Affiant
PNP ID No. 17J120444
Issued by the Philippine National Police
Valid until June 1, 2020

SUBSCRIBED AND SWORN to before me, this 20th day of January, 2020 at
Kalibo, Aklan, Philippines. Affiant this exhibiting to me proof of identification as
indicated below his name. I further certify that I have personally examined the affiant
and I am satisfied that he has freely executed the foregoing and the allegations therein
contained are fully understood by him.

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