AFFIDAVIT OF IMMIGRATION AGENT

THE DETAILED AFFIDAVIT OF IMMIGRATION AGENT DEXTER BERNARDO

How NCRPO's RPIOU cops robbed 

Immig. agent of Oakley, money, perfume, etc. 

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Republic of the Philippines     )

City of Manila                       )SC

Counter-Affidavit

            I, DEXTER L. BERNARDO, of legal age, an employee of the Bureau of Immigration, after having been sworn to in accordance with law, do hereby depose and state:

1.      With due respect to Mrs. Joanna Morelos Hayashi and her husband Nobuyuki Hayashi, she only had that wrong impression on me that she is accusing me now of being involved in the extortion when the truth is I am only a victim of circumstances to be at the wrong place at the wrong time and at a wrong belief;

2.      A look at her affidavit shows loopholes and many missing details;

3.      Nevertheless, the affidavit is sufficient to infer from that there is no direct substantial evidence to show that I committed acts of extorting from her or her husband;

4.      If there is any that can be inferred from to explain her behavior is that it was a result of her mistaken belief that they were being extorted of money owing to her evident apprehension over the lack of visa of her husband that even a sight of any immigration agent or a law enforcer will send chills to the bones because she thought her husband can just be arrested anytime;

5.      “OVERACTING” is one word that can aptly describe her actuations that caused her to lead to my unfortunate arrest by fellow law enforcers;

6.      So that when Mr. Jonathan Dulay came to her house along with fellow law enforcers that included me that although I stayed outside while Dulay was talking to her inside their house, and when Mr. Dulay was the one who was always talking to her while we were eating at Brother’s Burger on Macapagal Avenue, Pasay City, she must have come to a wrong conclusion that she and her husband were being compelled to cough up money;

7.      If she only knew how much would it cost for the process to make her husband’s stay legal and the cost of the service fees the consultants are charging for a case of overstaying for two and a half years, she would find the Two Hundred Thousand Pesos (Php200,000.00) a reasonable charge and this unfortunate arrest could have not taken place;

8.      Thus, for lack of education about the matters of processing overstaying papers to be legalized, for her shock about the large fee of Two Hundred Thousand Pesos (Php200,000.00), and for fear that her husband might be arrested because she was facing legitimate law enforcers, she came to a conclusion she and her husband were being squeezed to cough up that much money and that she was entertaining the fear that we would arrest her husband if she could not come up with the money;

9.      The crew of Aksyon 5 responded immediately without discerning further whether the complaint of extortion was valid or not that out of ignorance also called in help from the Regional Police Intelligence Operations Unit (RPIOU);

10.  Without even examining the possibility that if we were in bad faith I could have arrested  her husband right there and then on August 26, 2011 inside their house, the team from Aksyon 5 and the RPIOU immediately concluded that my companions and I were into extortion;

11.  That wrong conclusion drawn without deeper discernment of circumstances led the RPIOU elements to give effect to their plan of entrapment using some bills and boodle monies;

12.  It was a case like hearing one demanding a payment for goods where the hearer got shocked of the price for he or she thought all along that the price must be much lower;

13.  But before explaining further and pointing out inconsistencies and falsities, the truth of the matter is that we were in good faith to help rather than to cause trouble, for, I repeat, if it were otherwise, I could have already secured an authority for his arrest;

14.  Records of the Bureau will bear me out that I have not applied for an authority to arrest the husband of the complainant;

15.  On my part, why I was there is actually because of my desire to help Mr. Jonathan Dulay, a friend, who earlier sought me through a text message;

16.  Mr. Dulay became my friend because he was once one of my assets while I was yet with the intelligence division of the Bureau of Immigration;

17.  Mr. Dulay was insistent for my coming because the problem was an immigration matter where I can be of big help;

18.  When I asked Mr. Dulay what the problem was all about, he told me his Japanese friend was seeking assistance on how he can legalize his overstaying status in the quickest possible manner;

19.  To pay back my old debt of gratitude, I came as requested and I arrived about noon of August 26, 2011 at a Caltex station on EDSA, Pasay City;

20.  When I arrived at the said refueling station, I also saw another old friend, PO1 Herschel Montezon, who was at that time arriving at the Caltex station together with Mr. Dulay;

21.  I knew PO1 Montezon as an organic member of the Criminal Investigation and Detection Group of the PNP who also I worked with in a surveillance operation tipped off to him by Mr. Dulay and it happened at a time when I was yet with the intelligence division of the Bureau;

22.  At the Caltex station, we talked briefly about Mr. Dulay’s Japanese friend’s problem and that he then told me to go with him to the house of that Japanese but that he was not yet sure whether his friend was already there at his house;

23.  With this, I asked about the location of the Japanese’s house and he told me it was only about two blocks away on Vergel St.;

24.  Since it was too hot as the sun was at high noon and that he was not yet sure if the Japanese national was already there at his house, I begged to stay for awhile to cool myself;

25.  Thus, Mr. Dulay and our other companion I knew only as Mark left but not after buying first a bottled mineral water for me and PO1 Montezon to drink while waiting at the Caltex station;

26.  I was about to consume the mineral water when Mr. Dulay ringed the cellphone phone of PO1 Montezon instructing to follow him as he instructed me the direction to the site;

27.  Thus, without much ado, I walked proceeding to the place as instructed and I found Mr. Dulay standing in front of the four-storey structure that turned out later to be where the house of the complainant and her husband was located;

28.  Then, Mr. Dulay, PO1 Montezon, a certain Mark and I got inside the building and ascended;

29.  As we were already in the second floor of the building, Mr. Dulay pointed to me the third floor door and he told me that his Japanese friend was residing there but that they were not yet there for they left before we arrived there and Mr. Dulay also said that the second floor unit was vacant for rent;

30.  While we were talking for quite long minutes, I saw a person ascending bringing with him a container of water;

31.  I found out that Mr. Dulay already knew this person because he talked to this guy earlier when Mr. Dulay was yet asking for the exact house of his Japanese friend;

32.  So that when this man saw us standing in the second floor, this man immediately said: “Kakaalis lang nila, pero babalik din kaagad dahil may pasok ang kapatid na babae”;

33.  Then they talked about the rentals in the building and I heard the man telling Mr. Dulay that the owner of the building was a “kumpare” of the said man but that the owner was abroad that time;

34.  After five to ten minutes, I decided to go to the terrace of the second floor, which was the only vacant unit that time, and there at the terrace I took some rest;

35.  Thereafter, I descended leaving Mr. Dulay, Mark and PO1 Montezon there;

36.  I found a bench near the gutter of the neighboring house and I sat there;

37.  A peddler passed by and I bought steamed corn and I bought another for the man we talked to awhile ago at the second floor of the building;

38.  After about 30 minutes, the said man who I learned only lately as a former chairman in that barangay called my attention telling me that the two women, who turned out to be the complainant and her sister, were the ones residing in the third floor;

39.  But I stayed there at the bench and I never re-entered the building;

40.  About 10 minutes later, I saw Mr. Dulay, the complainant, the complainant’s sister, and the Japanese were talking and laughing at each other;

41.  I asked what was the plan and where will they would go, Mr. Dulay told me to go with them to take a lunch;

42.  I followed them and we stopped and parked at Brother’s Burger on Macapagal Avenue;

43.  Thereafter we ate inside after the complainant made orders for all of us to eat;

44.  I noticed the complainant holding a plastic envelope that I learned later to be containing the documents of her husband and their wedding;

45.  While we were talking, the complainant broke the ice by asking Mr. Dulay what to do with the problem as she was taking out the passport of her husband;

46.  She disclosed that her problem was that her husband’s visa expired for more than two years and her husband’s passport also expired;

47.  From that juncture, it was Mr. Dulay and Joanna who were talking to each other about the problem and PO1 Montezon and I were just listening to the exchanges of matters that included her husband’s tattoo and her other Japanese boyfriend;

48.  I learned later that the complainant has been working at Firehouse, a nightclub located in front of Heritage Hotel, which club is known for sex trade;

49.  After eating I just left the table and sat by the table outside Brother’s Burger;

50.  I would just come inside Brother’s Burger to go to the comfort room and occasionally eavesdropped to what Mr. Dulay and Joanna were talking about;

51.  In all those exchanges that I was eavesdropping, I heard nothing to suggest that Mr. Dulay was making a threat;

52.  To the contrary, I heard the complainant complaining about the do-nothing husband, saying she has been the one earning for their living and providing for everything;

53.  In all those conversations I heard, I never heard or seen anything that would suggest even a slightest indication that Mr. Dulay or PO1 Montezon was threatening or intimidating Joanna the complainant to produce Two Hundred Thousand Pesos (Php200,000.00);

54.  All I heard about their discussions regarding the Php200,000 was that Joanna asked how much would it cost her to have the papers of her husband fixed to become legal;

55.  I heard Mr. Dulay telling her it would cost her around Php200,000.00;

56.  To this, Joanna reacted that she had no money in that big amount;

57.  I heard Joanna talking to her husband in Japanese and I could not understand what they were talking about;

58.  She then said that she told her husband to call up the mother of her husband to send the money for the purpose;

59.  She said she directed her husband to be the one to talk to his mother because not once in her lifetime that she has talked to the husband’s mother;

60.  At that time, Joanna found that her cellular phone was low in battery so that she borrowed the cellular phone of Mr. Dulay;

61.  At this instance, she had her husband call his mother;

62.  At that juncture, I left to go back to the office at the Bureau;

63.  Around 7:00 p.m., I went back to Brother’s Burger because Mr. Dulay texted me that they were still there;

64.  When I arrived there, I just stayed outside;

65.  Thereafter, Joanna ordered new foods and we ate again;

66.  After eating, we parted ways and I did not know any conclusion in their discussions;

67.  But before leaving, Mr. Dulay handed to me the envelope containing the documents of her husband;

68.  Mr. Dulay told me to check the documents and know what else could we do to help;

69.  From thereon up to September 2, 2011, there was no single communication between me and Mr. Dulay or anybody, including Joanna for she had none of my cellular phone number;

70.  The first time I received a call about the matter was lunch time of September 2, 2011 when Mr. Dulay contacted me that we meet again at the Shell Magallanes station between 2 and 3 pm;

71.  When I proceeded to the place, I got lost along the way for I took the wrong way but Jonathan told me to meet at the same Caltex station;

72.  I proceed to the same Caltex station alone and when I arrived there I stayed inside my car and I was instructed by Mr. Dulay to wait for he was coming;

73.  Then I saw PO1 Montezon coming and he approached my vehicle and hopped in;

74.  I asked him why he was there and he told me he was also instructed by Mr. Dulay to come there;

75.  Then I saw Joanna arriving along with a woman;

76.  Then I noticed that PO1 Montezon answered a call on his cellular phone and I sensed it was Mr. Dulay in the other end of the line;

77.  I was told by Montezon later that Mr. Dulay could not come and he tasked the two of us to be the one to talk Joanna;

78.  I suggested to PO1 Montezon that we leave because I don’t know her and I was not the one to whom she transacted with;

79.  Moreso, I have no habit of interfering with the transaction of a friend;

80.  PO1 Montezon agreed and replied: “Sige.”

81.  Then I moved the vehicle back to leave Caltex station;

82.  However, I noticed PO1 Montezon lowered the window by about one-fourth on the front passenger side of the Fortuner;

83.  At that juncture, Joanna hurriedly approached from the convenience store of Caltex while the Fortuner was slowly leaving;

84.  As I drove along slowly, I noticed Joanna holding her hand on the glass of the window of my vehicle, the window where PO1 Montezon was sitting;

85.  Then, Joanna asked: “Asan na po si Jonathan (Mr. Dulay)?”

86.  Then PO1 Montezon told her, “Wala e, paalis na kami”;

87.  Then Joanna shot back: “Kausap ko lang e, sabi papunta na sya dito”;

88.  Then I heard PO1 Montezon asking back: “Sino yang kasama mo? (referring to the woman I knew later as Mean de Chavez of Aksyon 5 TV)”;

89.  To this, Joanna replied, “Pinsan ko po”;

90.  Then Joanna asked: “Asan yung documents namin? Iniwan ba ni Jonathan ang documents?”;

91.  Then PO1 Montezon answered: “Nasa amin.”

92.  Thereafter, Joanna went back inside the convenience store;

93.  At that juncture, a red Nissan Urvan blocked our path;

94.  Then armed men in civilian clothes quickly came out pointing their guns at us;

95.  This prompted us to get off our vehicle;

96.  The armed men ordered us to move away from my vehicle and they ordered PO1 Montezon and me to lie face down on the concrete pavement while they were handcuffing us and picking our pockets;

97.  Some of the armed men pulled me up because I could not stand by my own and that armed man led me to my vehicle but he was stopped by his companion and ordered for me to be boarded on another vehicle that was, if I recall correctly, a white Isuzu AUV, likely a Crosswind;

98.  The other armed men commandeered my vehicle and PO1 Montezon was with me at the white AUV;

99.  While we were about to leave, one armed man I learned later as Major Avelino asked PO1 Montezon and me as to the whereabouts of Mr. Dulay, “Asan si Jonathan?”;

100.          I answered them: “Ang alam ko po darating, pero biglang tumawag kay Mon (PO1 Montezon) na di na raw kami magkikita”;

101.          Thereafter, I heard one of the armed men saying, “Makipagtulungan ka sa amin para mailigtas ka, ituro mo kung asan si Jonathan”;

102.          I answered: “Ang usapan po namin ay magkikita sa Shell Magallanes”;

103.          But when I lost way, we agreed to just meet at the Caltex station;

104.          Then I heard Major Avelino telling me: “Ililipat ka namin sa sasakyan mo pati si Joanna, tapos antayin natin si Jonathan kung darating. Ipagdasal mo dumating dahil kung hindi, kayo maiipit dito”;

105.          We took a U-turn at the corner of Taft Avenue and EDSA and went toward the north and we proceeded to Shell Magallanes;

106.          But before we reached the foot of Magallanes Interchange flyover towards Cubao, we stopped beside EDSA;

107.          I could not exactly determine the place where we stopped because I was handcuffed and my position made it hard for me to take a glimpse of our surroundings, in addition to the fact that they were continuing their barrage of invectives thrown at me and PO1 Montezon;

108.          I heard Major Avelino telling me: “Tatanggalin namin yang posas mo, ililipat ka namin sa sasakyan mo at basta makipagtulungan ka sa amin, at wag mong ibabangga ang sasakyan”;

109.          We waited too long for the my vehicle Fortuner to arrive and I did not know the reason despite the fact that it left Caltex station ahead of us;

110.          When the Fortuner arrived, they removed my handcuffs and I was ordered to transfer to my vehicle;

111.          As I was going to the Fortuner, I noticed the left rear door open and I saw a policeman I learned as Labares throwing away my bag to the road;

112.          I protested, “Bag ko ho yun?”;

113.          Then an armed man I knew later as SPO3 Rieus F. San Diego said: “Bag mo ba yun?”;

114.          Then San Diego picked it up and threw it back inside my vehicle;

115.          As I was boarding the vehicle, I was ordered to be the one to drive the vehicle and Joanna and Mean were made to sit on the front seats while three armed men were sitting behind us in the passenger seats at the back;

116.          They ordered me to be the one to drive because they were hoping that Jonathan Dulay would show up if he would see me the one driving the vehicle;

117.          When we were approaching the Shell Station, I was ordered to park the vehicle to the nearby Jollibee;

118.          While I was driving, I noticed the “empty-gas” signal and I told them: “Pwede pa ba tayo magpa-gas muna? Baka hindi na tayo umabot”;

119.          Then I parked the Fortuner right where the tank hose was;

120.          Then one of the three armed men asked me: “Ano, may pera ka pa ba? Kami na magpa-gas”;

121.          I replied, “Ako na lang”;

122.          Then I reached out to the front passenger compartment where I used to place my wallet;

123.          But after opening the wallet, I was surprised that it got so thin that only about P10,000 was left and the loose dollar bills amounting to about $200 were all gone;

124.          I also noticed that the inside of the same compartment was in a chaotic condition;

125.          I sounded off a protest: “Nawala ang pera ko dito a”;

126.          Then Labares shouted back: “Sinasabihan mo ba na magnanakaw kami?”;

127.          Then another armed man said: “Bakit, sigurado ka ba na may pera ka dyan?”;

128.          I replied: “Meron po, alam ko po kung magkano ang laman ng wallet ko at may dollars pang kasama”;

129.          They then took turns in shouting invectives at me;

130.          I just said: “Di bale na lang ho”;

131.          At that juncture, I kept quiet;

132.          After refueling that I paid for Php1,000, I drove back the Fortuner and parked the same in front of the Jollibee outlet at the Shell gas station;

133.          Joanna and I were ordered to get inside Jollibee to pretend that we were waiting for Jonathan Dulay while the other men stayed my vehicle;

134.           We proceeded as ordered and Mean even ordered food for us to eat while the armed men were scattered in different perimeter places;

135.          At that time, while we were sitting by a table, Joanna was trying to call Jonathan over the cellular phone and I learned that she was answered by Jonathan that they met an accident;

136.          I heard Mean saying, “Malabo na yan, di na lulutang yan”;

137.          Meanwhile, my cellular phone was returned to me in their hope that Jonathan would call me and I could readily answer so that Jonathan would not suspect;

138.          Everytime there would be a text message or a phone call coming to my cellular phone, Mean would inquire;

139.          I was ordered to call Jonathan so that Jonathan would not doubt;

140.          Jonathan answered the phone and I asked: “Dre, saan na kayo?”;

141.          Jonathan replied, “Dre, naaksidente lang kami, inaayos lang at susunod na kaagad. Saan na kayo?”;

142.          I told Jonathan, “Kasama ko si Joan, hinihintay namin kayo sa Jollibee”;

143.          After several conversations of Joanna with Jonathan and Jonathan with me, the armed men decided to call off the sting operation and we left Jollibee;

144.          But it was in that Jollibee store that I confided to Mean that my money got lost;

145.          Thereafter, I was ordered to sit on the front passenger seat and it was San Diego who drove the vehicle;

146.          Before leaving, Chief Inspector Arvin B. Avelino opened the rear left door of the Fortuner and then pointed his finger at me while shouting: “Tang ina mo a, pinag-aaway mo kami. Wag kang mag-imbento ng kwento ha”;

147.          To this, I answered: “Hindi po, talaga pong nawalan ako ng pera. Alam ko kung magkano ang laman ng wallet ko, dahil pati mga dollar nawala. Kaya sigurado po ako na nawala ang pera”;

148.          At this instance, the policemen seated at the back seats of the Fortuner pulled out two wallets and opened them and said: “Oh, wala naman dito a, wala namang laman ito a”;

149.          I took a glimpse at the wallets and it indeed never had any content;

150.          At the same time, I noticed that the back of the Fortuner was so chaotic;

151.          Later, I learned that one of the two wallets was owned by PO1 Montezon and the other that was shown by Labares was his;

152.          Before Major Avelino finally left, he said: “Sige na, doon na tayo sa opis. Kausapin nyo yan (pointing his finger at me)”;

153.          Then we left while San Diego was driving then we took the skyway and we proceeded to Camp Bagong Diwa in Bicutan, Taguig;

154.          While along the way, the policemen told many things against me;

155.          San Diego told me: “Baka hindi mo ako kilala.  Mas marami akong pera sayo.  Kung may isang milyon ka dyan, kaya kong gawing tatlong milyon”;

156.          Then Labares asked: “Magkano nawala sa wallet mo?”;

157.          I answered: “Mahigit P80,000.00”;

158.          They all laughed and said: “Gago ka pala e, paano magkasya ang pera dyan sa wallet mo?”;

159.          Then Labares would repeatedly taunt me: “Ano nawalan ka ba talaga ng pera ha?”;

160.          I just said: “Hayaan nyo na lang po”;

161.          Then San Diego said: “Kasarap naman nitong Fortuner ah. Kati-test drive ko lang ng ganito kanina, isasama mo ba ito sa pang-aayos mo?”

162.          I shot back: “Hindi pa nga ho ito sa akin e”;

163.          San Diego also took notice of my Oakley shades and he said: “Maganda yung shades mo ah, Oakley yan dib a? P21,000.00 ang presyo ng ganyang model eh”;

164.          San Diego and Labares told me: “Tulungan ka na lang namin. Kailangan mong ayusin dito yung complainant. Mamaya, pag dating doon pag-usapin namin kayo, pag wala na yung press.”

165.          The two continued: “Hindi pa lang kami makaporma dito dahil andyan pa yung media”;

166.          The third one would always shoot in following up what San Diego and Labares would say;

167.          The travel was long because it was raining and dark on the highway;

168.          Then we reached Camp Bagong Diwa and entered the gate and proceeded to the RPIOU parking lot;

169.          After parking, San Diego pulled out something that I saw was a wood knuckle and he told me: “May hihingiin ako sayo ha. Akin na lang ‘to”;

170.          I replied, “May sentimental value sa akin yan e, bigay sa akin ng office mate ko”;

171.          Then San Diego shouted: “Eto lang, di mo pa ibibigay sa akin? Ito lang ang hihilingin ko sayo!”;

172.          To keep him cool, I said: “Sige po, sa inyo na iyan. Kakamustahin ko na lang sa inyo sa susunod na magkikita tayo”;

173.          Then San Diego kept the knuckle in his hand and said: “Sige, salamat ha”;

174.          Thereafter, I was brought to the second floor of an office and there I saw PO1 Motezon again still in handcuffs;

175.          At that juncture, I saw Major Avelino and others who were obviously kibitzing;

176.          Then Major Avelino said: “Mamamaya, pakausap ko sa inyo complainant. Makiusap na lang kayo sa kanya at pag nag-execute sya ng affidavit of desistance, okay na kayo. Matigas lang ang loob nyan ngayon dahil andoon pa ang media”;

177.          Thereafter, I requested if PO1 Montezon and I could talk privately and they complied by leaving the room;

178.          PO1 Montezon told me that the RPIOU policemen were apprehensive of me because I would likely retaliate because I was insistent in complaining about my money that was lost;

179.          PO1 Montezon revealed to me that some of the RPIOU elements who apprehended us were his batch mates as Class 96 in the recruitment of the PNP, the reason that they confided to him their fears of me;

180.          I told PO1 Montezon, “Sinabi ko lang naman ang totoo e, nawalan naman talaga ako ng pera. Alam ko naman talaga kung magkano laman ng wallet ko”;

181.          Montezon told me: “Nag-alala sila e, mukhang sisipa ka raw. Tutulungan naman tayo dre, alukin na lang natin si Joanna ng areglo”;

182.          I told Montezon, “Ba’t tayo mag-aareglo, labanan na lang natin hanggang dulo. Wala naman tayong ginawang masama a. Di laban tayo”;

183.          Montezon pleaded to me: “Dre, makiusap na lang tayo mamaya ke Joanna para makalabas tayo ngayon”;

184.          I told him: “Ikaw, kung gusto mo, ikaw makiusap sa kanya”;

185.          Montezon said: “Dre, tulungan mo na lang akong kausapin natin, para makalabas tayo, ayaw kong matulog dito”;

186.          Thereafter, one policeman opened the door and asked: “Gusto raw kayong interview-hin ng press”;

187.          I replied: “Wag na lang, papasukin nyo na lang si Joanna para makakusap na namin”;

188.          Montezon followed up: “Batch, papasukin mo na lang si Joanna”;

189.          Thereafter, the policemen brought in a chair and Joanna sat in front of the two of us;

190.          When Joanna was sitting, she threw at us a dagger look as if fearing no one;

191.          Then, Montezon told her: “Joanna, baka pwede nating pag-usapan ‘to? Hindi naman kami ang hinahanap mo, si Jonathan naman.  Pag tinuluyan nyo kami dito, lalong hindi lulutang si Jonathan dahil malalaman niyang nakakulong kami”;

192.          Joanna said: “Kailangan ko si Jonathan, kung hindi nyo mailalabas, sa piskal na lang tayo mag-usap dahil talagang desido akong ituloy na sampahan kayo ng kaso”;

193.          I replied: “Paano ka namin matutulungang hanapin si Jonathan kung andito kami? Ayaw mo ba kaming maging kaibigan? Kung matuluy-tuloy ito, magiging magka-away tayo.  Kung iyan ang gusto mo, wala naman kaming magagawa”;

194.          Then she shot back: “Hindi, desidido ako. Ituloy ko ito. Sa korte na lang tayo magkikita”;

195.          After saying those words, she left and went out of the room;

196.          I was called in by two police officers, SPO3 Lutgardo Labares and SPO1 Roldan Maganto, and they told me: “Tara sa sasakyan mo, kunin mo lahat ng importanteng gamit mo, pati pera. Para wala ka nang sabihin na may nawawala ka pa”;

197.          Then we went to my vehicle with Maganto taking video shots and I took my wallet, my money in the deepest portion of the front seat passenger compartment and my gold necklace;

198.          In the middle of the compartment, I still saw my Oakley shades (sunglasses) inside the middle compartment between the driver’s and the passenger’s seats in front, and I just left the same there;

199.          Then I saw my other cellular phone placed atop a sunglass holder but I just left it there;

200.          Then we left and walked;

201.          While walking, one of Maganto and Labares told me: “Ang dami mo palang pera dyan? Ba’t may dala kang pera? Magiging ebidensya pa sayo iyan. Gusto mo ipatago mo lang sa amin”;

202.          I replied: “Okay lang, ako na lang magtatago kasya naman sa bulsa ko”;

203.          Then we arrived at an office that I learned later as the investigation room of RPIOU;

204.          As I entered the room, I found my monies, gun, magazines and ammunition, office IDs, badge, permit to carry gun, gun license and Airport Duty ID, placed side by side with PO1 Montezon’s gun, wallet, PNP badge, and his PNP ID; all laid on top of the table in front of the investigator;

205.          They asked me to count the money and all totaled only to P158,000.00;

206.          Somebody told me: “Isasama mo ba lahat dyan? Walang maiiwan sayo, wala kang panggastos”;

207.          I replied; “Kuha na lang ako ng konti”;

208.          They also counted the money and it tallied to my count;

209.          San Diego then dragged me to one corner and told me: “Gusto mo bang isama natin lahat ng pera mo doon? Magiging ebidensya pa iyan laban sa iyo. Pwede ka namang mag-iwan ng for the boys. Tapos ibalik na lang namin sayo yung iba. Kasi kung kinwestyon ka, mahihirapan ka pang patunayan kung saan mo kinuha ang ganoong karaming pera”;

210.          I replied: “Okay lang po, isama nyo na lang lahat dyan. Tutal ina-account nyo lang naman mga gamit ko”;

211.          Later on I learned that these monies were submitted as among the pieces of evidence against me;

212.          Then San Diego told me: “Sige bahala ka, gusto lang naman namin makatulong sayo”;

213.          We stayed long inside the room because the investigator was making an inventory of all of them;

214.          Somebody sent in a pizza and softdrink and offered them to us but we just declined them;

215.          Thereafter, about 9:30 p.m. or 10:00 p.m., Maganto and Labares told me and PO1 Montezon that they will bring us to the crime laboratory;

216.          They ordered us to ride on the Nissan Urvan along with staffers of Aksyon 5 whose name is Mark who was the videographer and the driver;

217.          We reached the crime laboratory in Makati at 11:00 p.m.;

218.          The Urvan van was parked inside the laboratory premises;

219.          Then Labares went inside the laboratory, leaving us all behind;

220.          When Labares came back, he instructed me to descend from the vehicle and ordered me to turn my back to him and he handcuffed me;

221.          I asked him if the handcuff was necessary or it would be possible not to use the handcuff;

222.          He replied: “Hindi pwede, SOP (Standard Operating Procedure) ito, pagagalitan kami kung makita nila na hindi kayo nakaposas”;

223.          While my back was facing Labares and I was standing beside the van with my front facing toward the front of the van, I noticed that Labares took something like a folder that I cannot fully recognize because the area was dimly lit;

224.          That triggered my suspicion that they would brush a powder on my hand so that I closed and clenched my fists;

225.          I was not mistaken because Labares ordered me to open my hands;

226.          Although I refused hard, Labares managed to force open my hands and thereafter I felt something was brushed on my palms;

227.          While this rubbing on my palm was occurring, this was all witnessed by PO1 Montezon;

228.          After the rubbing, Labares dragged me inside the laboratory where a woman police chemist asked me to lay flat my two palms on a piece of paper and she drew an outline of my hands;

229.          After this, the chemist asked me to lay flat the dorsal part of my hands on another piece of paper;

230.          After drawing outlines on my hands with palms facing up, she ordered two persons inside the laboratory to accompany her to serve as witnesses for the test;

231.          I was brought inside a dark room where I was asked again to lay my palm flat on a table and she ran an ultraviolet lamp on the dorsal part of my hand;

232.          I asked her: “Ano ang nakita nyo?”;

233.          She said: “Meron ka dito sa dalawang daliri”;

234.          The said two fingers are the left ring finger and left middle finger;

235.          Then she asked me to flip my hands over and she ran the same ultraviolet lamp on my palm;

236.          I asked the chemist what she observed;

237.          She told me: “Meron ka din sa sides”;

238.          She said the ultraviolet traces she was referring to were found on the sides opposite the side where my thumbs are located;

239.          Then the chemist asked me to lean my back on the wall and asked me to spread my arms like an eagle;

240.          She then ran the ultraviolet lamp on the whole of the front of my body and she even asked me to raise my shirt and she also ran the lamp on my pockets;

241.          She said that  I had traces of powder on both sides of my shirt;

242.          Then she told me that the test was over;

243.          Then the chemist asked me to sign a piece of paper that looked like the one where she wrote the result;

244.          I saw that she put an “x” on each of the two fingers where there were traces of powder when my palms were laid flat on a piece of paper;

245.          I also saw her putting “x” to the sides of the palms in the side opposite the side where the thumbs are;

246.          When I examined the report of the test, I was surprised to see that it says there that there were fluorescent powder traces on the dorsal and palmar portions of my left hands;

247.          A copy of this physical science report is attached hereto as ANNEX “A”;

248.          This means that if we were to believe in the written report that there were  traces of powder on the dorsal part of my left hand, it confirmed my assertions that Labares indeed forced open my closed fist using his hands that had already touched the money with fluorescent powder;

249.          If we were also to believe that I had traces of powder in the palm of my left hand, it confirms my assertion that Labares rubbed the money on it after he succeeded in opening my fist;

250.          As we were moving toward the crime laboratory, I glanced upon Montezon standing at the side of the van with his hands handcuffed behind his back and something was being rubbed on his hand;

251.          Thereafter, PO1 Montezon was subjected to the same test and that the same physical science report said that he was negative of any powder;

252.          After the test, we were all ordered to board the van and Labares went back to the crime laboratory and it took more than 30 minutes for him to emerge therefrom;

253.          While waiting for Labares, I heard Maganto telling PO1 Montezon, saying: “Batch, pasensya ka na. Wala akong magawa. Kaya hindi na nga ako ang nagdala sa inyo sa loob. Ayaw ko sumali sa ginawa sa inyo”;

254.          While Maganto was saying this, I recalled that while I was handcuffed Labares told Maganto: “Sayo na yan (referring to Montezon), tutal batch mo naman”;

255.          To this, Maganto did not answer;

256.          I also broke the ice while waiting by saying: “Ba’t naman ginawa pa nila yun? (referring to the rubbing of the alleged marked money on my palm and the dorsal part of my hand)”;

257.          To this, PO1 Montezon told me: “Kaya nila ginawa yun para may protection sila sakaling sumipa ka”;

258.          When Labares arrived, we then left the crime laboratory and we went back to Camp Bagong Diwa;

259.          Along the way, at the intersection of Bicutan Exit on South Expressway, the van we were riding on sideswiped a taxi cab and we stayed there for about 15 minutes because the driver engaged the taxi driver in a discussion;

260.          We finally arrived at the RPIOU headquarters inside Camp Bagong Diwa and we arrived there catching up Joanna and other members of Aksyon 5;

261.          We were then put inside the detention cell of the RPIOU;

262.          There inside, we just sat the whole night through without sleeping because there were no beddings;

263.          In the morning of the next day, the first to take a glance at our detention cell was San Diego who was in a sleeping attire and was playing with the keys of my Fortuner vehicle;

264.          The first he talked to was PO1 Montezon but I cannot overhear what they were talking about, but there was a part that I heard San Diego ask: “O ano? Naayos nyo na ba ang complainant?”;

265.          To this, PO1 Montezon said: “Ayaw e, matigas”;

266.          San Diego said: “Lalambot din yan, bago lang kasi, ganyan pa katigas yan”;

267.          Then San Diego called me and said: “Oh ikaw kasi, ayaw mo pa ipatago sa amin ang pera mo. E di sana hindi na naging ebidensya ang pera mo. Pero hindi bale, siguro magulo lang ang isip mo kagabi kaya hindi mo maintindihan ang sinasabi ko sayo”;

268.          Then San Diego told me about what were inside the Fortuner, about which he said: “May mga post-dated na tseke ka pa sa sasakyan ah. Ang dami mo ngang mga dokumento roon”;

269.          These words of San Diego made me conclude that he searched all over the inside of my Fortuner;

270.          At that time while I was holding my cellular phone, he told me: “Ikaw ha, kanina mo pa ako kinuhanan, kagabi pa ang cellphone lagi nakatutuk sa amin. Akala mo hindi ko napapansin. Tanggalin mo na ang mga laman niyan dahil pag hindi iyan pa ang pag-aawayan natin”;

271.          Then he left but in only five (5) minutes he returned and told me again: “Oy Dexter, tandaan mo ang sinabi ko. Burahin mo na ang mga laman ng cellphone mo”;

272.          I shot back: “Kuya, hindi ko kayo kinukuhanan”;

273.          Then San Diego left;

274.          PO1 Montezon and I waited inside the cell and we were taken out of the cell at noon time and we were brought to the second floor and we were told to eat;

275.          After eating we were told to get ready because we will be brought to a medical examiner;

276.          The first who came to us was San Diego and he told me: “Dexter, gamitin natin ang Fortuner mo ha, para pampa-medical sa inyo”;

277.          We were told to go the Fortuner and we went out of the camp because there was no medical examiner inside the Camp Bagong Diwa that time because it was a Saturday;

278.          Then we were brought to a hospital but we were only asked if we had injuries and when we said we did not have any the doctor just said, “Okay na”;

279.          Then we went back to RPIOU and we were subjected to fingerprinting of all our fingers;

280.          Then we were made to wait for about three hours;

281.          Then came in one Chief Insp. Romeo Niño, who was recognized by PO1 Montezon because he was Montezon’s former chief;

282.          We narrated to Major Niño all what happened to us and he listened;

283.          Major Niño appeared sympathetic to us;

284.          We were then told to go the parking lot to wait for an inquest proceeding;

285.          That time I thought of borrowing my key from San Diego because I had to take my medicines that were inside the Fortuner;

286.          When I opened the Fortuner, it was only during that time that I discovered that there were missing personal belongings of mine, which belongings were the Oakley shades, CK1 perfume, newly-given 20 rounds of ammunition for 9-mm, a Lacoste wallet, a Swiss knife, a military knife, and a collection of P100 bills bearing the University of the Philippines centennial;

287.          The first I saw was Major Niño who was cleaning his gun while sitting in front of the parking lot;

288.          I approached Major Niño and I complained to him: “Kuya, ang dami kong nawalang gamit.  Yung Oakley ko na shades andyan lang kagabi ngayon po wala na”;

289.          To this, Major Niño was just quiet then San Diego arrived and he asked Major Niño to sign the recommendation for charges addressed to the Office of the City Prosecutor of Pasay City and to sign as administering officer in their affidavits;

290.          But Major Niño refused to sign and he demanded from San Diego: “Ilabas nyo muna ang mga nawawala. Ayaw kong masabit dyan dahil kung pinirmahan ko yan ay parang kinunsente ko kayo. May reklamo pa naman sila”;

291.          To this, San Diego panicked and he called his companions and then asked me: “Dexter, nawala ba ang shades mo! Di ba andyan lang sayo kagabi? Hindi mo ba nilabas nung pinakuha sayo ang mga gamit ng sasakyan mo?”  Walang gumagalaw nyang sasakyan mo. Ngayong tanghali ko lang kinuha ang susi nyan, pinaalam ko pa sayo na gagamitin para pangpa-medical sa inyo”;

292.          I answered: “Iniwan ko lang dyan. Makikita na andyan lang ang mga gamit dahil bini-video po ako (referring to Maganto taking video shots on the night when I was told to get my belongings)”;

293.          Then San Diego went to the Fortuner and he pretended as if he was looking for the lost items;

294.          One policeman, one of those who accompanied us to a medical examination, who I later identified as SPO3 Leo Pajaro, approached and whispered to me: “Dex, baka hanapin mo ang pabango mo ha! Nasa akin itinabi ko na baka may ibang kumuha, regalo mo na lang sa akin yun dahil birthday ko naman”;

295.          I told him: “Bakit iyon pa ang kinuha mo bawas na, meron naman akong bago sana iyon na lang ang ibinigay ko sayo”;

296.          He said, “Okay lang yun”;

297.          Then, San Diego, while still panicking and had been calling almost anybody, approached me and said: “Siguraduhin mo ang sinasabi mo ha. Ako mahilig ako sa Oakley, tingnan mo ang relo ko, damit ko, sapatos ko, pantaloon ko, at saka shades ko, lahat yan Oakley”;

298.          Then Labares, aboard a motorcycle, arrived at the scene and proceeded to a hut in the vicinity of the parking area but a little far from where Major Niño was sitting;

299.          Labares and San Diego then talked to each other and then both of them called me;

300.          At that time, Labares shouted at me: “Tang ina ka, di ba nandyan ang mga gamit mo sa sasakyan? PInagbibintangan mo naman kami na kumuha ng mga gamit mo”;

301.          Then Labares swatted the cellular phone I was holding and it flew up before it crashed on a concrete flooring of a hut;

302.          As it fell, the keypad separated from the body;

303.          Then Labares ordered the jail guards at that time (Sept. 3, 2011) to pick up the phone;

304.          But it was me who picked up the phone and the keypad;

305.          Thereafter, Labares ordered the jailguard to confiscate the cellular phone and keep it;

306.          Then San Diego shouted at me: “Ikaw Dexter, pinag-aaway mo talaga kami, tutuluyan talaga kita, kahit makakarating sa husgado, sisiguraduhin ko makukulong ka, dahil sa pinagbibintang mo sa amin!”;

307.          I told him: “Hindi ako nagbibintang dahil sigurado ako na nandyan yun kagabi, iniwan ko kasama ng gamot ko”;

308.          San Diego got mad all the more;

309.          Then San Diego repeated his curse: “Tutuluyan talaga kita, kahit makakarating sa husgado ang kaso mo”;

310.          At this point, Major Niño left aboard his CRV car;

311.          This prompted San Diego to shout to the whole world: “Tingnan mo yang ginawa nyo! Di tuloy pinirmahan ni sir itong endorsement sa halip na nakaalis na tayo ;”

312.          Then the one who took my perfume said: “E, release na lang natin ang mga iyan! Walang pipirma ng affidavit (as administering officer)”;

313.          Then one Chief Insp. Redentor M. Agcio, chief of Investigation bureau of RPIOU, riding on a black Honda City;

314.          San Diego followed Agcio inside their office and then after about 10 minutes he emerged bringing papers;

315.          When he came near us, he showed the papers already signed;

316.          This prompted us to board a white Nissan Urvan along with complainant Joanna, her husband and sister and after exiting the gate of Camp Bagong Diwa, right there and then the van stopped and San Diego got off saying that he would have the papers photocopied and he walked along with another person;

317.          We waited for about one hour for San Diego and when he came back, we left about 5:00 p.m. of September 3, 2011 and reached the Office of the City Prosecutor of Pasay past 6:00 p.m.;

318.          After the inquest we returned to Camp Bagong Diwa and Joanna, her husband and sister were left behind;

319.          We arrived Camp Bagong Diwa a little past 7:00 p.m. as our travel was fast enough on the Skyway;

320.          We parked at the RPIOU parking space and there I was talked by San Diego who told me: “Maswerte ka pa. Dahil kung ibang unit ang nakahuli sa inyo, wala nang matitira sayo, pati sasakyan mo wala na, swerte ka pa kung gulong ng sasakyan mo makita mo pa. Mabait lang kami dito”;

321.          On this, the policeman who took my perfume seconded: “Oo, totoo yung sinabi nya, swerte ka pa, mabait yung unit namin. Si San Diego hindi gagawa ng ganun yan dahil made na yan, kapapagawa lang yan ng bahay na P10 milyon”;

322.          Then San Diego repeated the topic about my Oakley, saying: “Kung shades at shades lang, tatlo ang shades ko. In-order ko pa sa Amerika dahil wala dito ang gusto kong modelo, yung Canteen”;

323.          He added: “Yung nawala mong shades, i-charge mo na lang sa experience”;

324.          In a little while my mother and father arrived at the parking area;

325.          At that time, San Diego said: “Ipakuha mo na rito ang mga gamit mo, ipa-receive sa nanay at tatay mo. Ilabas mo na ang mga gamit mo. Ayaw na namin humawak dyan baka mapagbintangan pa kami at may mawala”;

326.          I answered: “Sige po, okay lang yun”;

327.          Then San Diego added: “Ayan ka na naman, okay ka ng okay dyan, mamaya sasabihin mo naman may nawawala kang gamit”;

328.          Then San Diego called my father and mother and they talked at the hut near the parking area;

329.          Then they brought all the contents of the Fortuner to the hut whose roof is of palm leaves;

330.          There they made an inventory of the contents and have them received by my father;

331.          Then he inspected my Fortuner and made an assessment of damage found thereon and asked my father to sign on the “assessment” paper;

332.          Then we ate along with Major Niño and all others there because an officemate of mine arrived and he ordered a delivery of pizza and others;

333.          Afterwards, my father and mother told me they were leaving and PO1 Montezon asked permission to leave early and he went to the detention cell;

334.          Then my parents left and I followed Montezon to the cell;

335.          We were there inside the jail until Wednesday (September 7, 2011) that when we were released when our bail was approved;

336.          Then we were released;

337.          Because of the fact that there was no basis for our arrest, I am executing this affidavit also for the purpose of filing criminal cases of arbitrary detention, perjury and robbery and administrative case of grave misconduct, dishonesty or falsification, and conduct prejudicial to the best interest of the service;

338.          I am filing these criminal and administrative cases against the following police officers of the RPIOU:

The Officers Who Signed in the Affidavit of Arrest

a.      SPO3 Rieus F. San Diego – Regional Police Intelligence Operations Unit (RPIOU), whose headquarters are located inside Camp Bagong Diwa, Bicutan, Taguig City;

b.      SPO3 Leo C. Pajaro – do;

c.       SPO3 Lutgardo Labares – do;

d.      SPO1 Roldan Maganto – do;

e.      PO3 Gerald T. Ziganay – do;

f.        PO2 Renato C. Among – do;

The Team Leader of the Arresting Officer

g.      Chief Insp. ARVIN B. AVELINO – do; and

Who Conspired by Administering the Sworn Affidavits and Endorsed the charges

h.      Chief Insp. REDENTOR M. AGCIO – do.

IN WITNESS thereof, I sign this Counter-Affidavit on this 3^rd of September 2011 in the City of Manila.

DEXTER L. BERNARDO

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME on this 23^rd of September 2011 in the City of Manila.  The affiant exhibited his competent evidence of identity constituted by Driver’s License No. NO4-07-392995.  I certify that I have examined the affiant and I am satisfied that he read and understood the foregoing affidavit and the same is his voluntary act.

Doc.  No.:        ____;

Page No.:         ____;

Book No.:         ____;

Series of 2011.