He states that he was pressured by his senior officer, Calpotura, into lending his ATM card and signing a loan agreement, even though he did not receive or use the loan money himself. Calpotura had approached him for a loan multiple times and used intimidation tactics until Mariñas reluctantly agreed. Mariñas asserts that he is innocent of any wrongdoing and was simply used by Calpotura, who is now absent without leave. The counter affidavit aims to refute the complaint's claims and prove Mariñas' innocence in the matter.
He states that he was pressured by his senior officer, Calpotura, into lending his ATM card and signing a loan agreement, even though he did not receive or use the loan money himself. Calpotura had approached him for a loan multiple times and used intimidation tactics until Mariñas reluctantly agreed. Mariñas asserts that he is innocent of any wrongdoing and was simply used by Calpotura, who is now absent without leave. The counter affidavit aims to refute the complaint's claims and prove Mariñas' innocence in the matter.
He states that he was pressured by his senior officer, Calpotura, into lending his ATM card and signing a loan agreement, even though he did not receive or use the loan money himself. Calpotura had approached him for a loan multiple times and used intimidation tactics until Mariñas reluctantly agreed. Mariñas asserts that he is innocent of any wrongdoing and was simply used by Calpotura, who is now absent without leave. The counter affidavit aims to refute the complaint's claims and prove Mariñas' innocence in the matter.
He states that he was pressured by his senior officer, Calpotura, into lending his ATM card and signing a loan agreement, even though he did not receive or use the loan money himself. Calpotura had approached him for a loan multiple times and used intimidation tactics until Mariñas reluctantly agreed. Mariñas asserts that he is innocent of any wrongdoing and was simply used by Calpotura, who is now absent without leave. The counter affidavit aims to refute the complaint's claims and prove Mariñas' innocence in the matter.
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Republic of the Philippines
National Police Commission PHILIPPINE NATIONAL POLICE 1 CRIMINAL INVESTIGATION AND DETECTION GROUP Investigation Division Pre-Charge Investigation and Evaluation Section Camp BGen Rafael T Crame, Quezon City
Reynaldo Complainant,
-versus- FOR: Grave Misconduct for viol of Rule 21,
Sec 2, para C3, Sub-para I & r (extortion) and viol of Rule 21, Sec 1, Para 5 (Conduct Unbecoming of a Police Officer)
PMAJ ROMEO T GAHID, PCMS Raymond
T. Tadina, PMSg Danilo C. Cortez, & PSSg Warren Lacangan Respondents, x--------------------------------------------------------x
COUNTER AFFIDAVIT
I, PCpl KYLE CHRISTOPHER DAMOCO MARIÑAS, of legal age,
Filipino, and a resident of Brgy. Esperanza, Sison, Pangasinan, having been duly sworn in accordance with law, hereby depose and state that:
1. I am the Respondent in the Complaint-Affidavit of Mr. ELMER
CORPUZ presently filed before the Office of the Regional Internal Affairs Service in the City of San Fernando, La Union for SIMPLE MISCONDUCT pursuant to NAPOLCOM MEMORANDUM CIRCULAR NO. 2016-002;
2. I am duly vexed with the false accusation directed against my
person as despite of my innocence of the complaint, and I deny the allegations stated in the complaint-affidavit of the complainant, the truth of the matter are the following;
3. I am not the actual contracting party in the “Affidavit of
Undertaking/Agreement” purportedly executed by me on July 24, 2017. The truth of the matter is that said document was 2
absolutely simulated because the real borrower in the said
Agreement was Mr. Albert Calpotura (Calpotura for brevity), my senior officer at PNP;
4. I signed the said Agreement not of my own free will and
volition as I was continuously influenced and intimidated by Calpotura into signing on the said Agreement. Likewise, said purported instrument was not duly notarized before a Notary Public;
5. Sometime on July 2017, Calpotura approached me and
asked for a loan because he needed money for the operation of his wife. I declined because I had no money to lend him ;
6. Sometime later, he suggested that I just lend my ATM Card to
him so that he can pawn the same and use it as a collateral for a loan from a certain Manuel Ofiaza (Ofiaza, for brevity) who is the aid of a certain Elmer Corpuz (Corpuz, for brevity);
7. I initially declined but I was left no choice but to reluctantly
follow his request because he was my superior officer and he was family friend and I trusted him. So Calpotura and I went to the Community Police Assistance Center at Parian, City of San Fernando, La Union and met with Ofiaza. There, I begrudgingly handed my ATM Card and thereafter, Ofiaza handed the money to Calpotura;
8. I was then asked to sign a certain document which turned out
to be the subject Agreement, I declined to sign the document but Calpotura urged me to do so, and so I did without even reading the contents thereof;
9. I manifest that I have not received the amount sought to be
collected and I have never appropriated the same. It was 3
Calpotura who took the money as he was the true borrower in
the said Agreement;
10. As of the moment, I had no contact with Calpotura as he
had been went on Absent Without Official Leave (AWOL) since September 2018 up to the present due to the fact that I discovered that several of my police officers were also victimized by him;
11. As such, I am executing this Counter-Affidavit for the
purpose of attesting to the truth of the foregoing statements, to refute the allegations of the Complainant, to inform the proper authorities of the above stated facts and to assert my innocence and to support my prayer for the dropping or dismissal of the instant case against me for utter lack of substantial evidence and for all legal intents and purposes this may serve.
IN WITNESS WHEREOF, I have hereunto set my hand this
_________________________________ in ________________, Philippines.
PCpl KYLE CHRISTOPHER DAMOCO MARIÑAS
Affiant PNP ID No. 19F110326 Issued on: 6/11/19 Issued at: Camp Crame, Quezon City