My Side of the Story

REPUBLIC OF THE PHILIPPINES)
CITY OF CAVITE ) ss.

AFFIDAVIT

I, Ian dela Cruz Encarnacion, of legal age, Filipino, single and a resident of 308 Gov. Espiritu Street, Sta. Cruz, Cavite City, after being sworn to in accordance with law, do hereby depose and say that:

1. On or about the 17th of September 2008, at around 11:50 PM, I am on my way to go to the Redemptorist Church at Baclaran, Parañaque City, with my friend Niño Sergio Olegario Liwanag, to pray before going home, as it has usually been my practice during Wednesdays;

2. When we have entered the church yard, four (4) unidentified persons on board two (2) motorcycles, stopped behind us, and the woman wearing a pink t-shirt, said to Liwanag, “Hoy, ikaw, ang bastos mo, nanghahawak ka ng boobs!”;

3. When a commotion ensued as Liwanag tried to berate his accusers, I tried my best to pacify the crowd by saying, “Miss, pasensiya na, at nakainom lang ang kasama ko. Nasa simbahan po tayo, nagpunta naman tayo dito para magdasal.” The other woman wearing a blue shirt, also trying to calm down the situation, tried to pacify her companions and said, “Sige na, tama na, tayo na!”;

4. Thereafter, the security guard on duty approached us and said to me, “Sir, puwede po ba kayong sumama sa akin sa guard house at kukunin lang po natin yung pangalan ng kasama niyo, para hindi na po to lumaki.” I said to him, “Pare, nag-ayos na nga kami nung complainant e, bakit kailangan pa naming magpunta doon?” He replied by saying, “Kasi po nagkagulo na dito sa simbahan sir, para lang po hindi isipin nung mga tao na hindi natin inaaksyunan ang mga gantong complaint. Kukunin lang natin yung pangalan, sumama nalang po kayo, para kunwari may gagawin tayong action pero okay narin yan.” I requested the guard just to allow me to enter the church for me to pray, and that we shall thereafter go with him to the guard house, which he allowed;

5. After I have finished offering my prayers, Liwanag and I went with the security guard inside the guard house. There, the complainant, together with her companions, suddenly accused Liwanag of holding her boobs. Because of the heated discussion, and with the people already looking at the commotion inside the guard house, I tried to intervene. I asked if we could speak out in a calm manner, or if we could find ways to resolve the conflict, it was at this juncture that the security officer said, “Ano po ba kayo? Attorney? Kung attorney po kayo, idepensa niyo nalang yang kasama niyo sa tamang lugar.” I tried to reason out with them, but before I could speak, the complainant suddenly struck Liwanag with her helmet. It was at this point that I said, “Miss, masama po yong ginawa niyo. Hindi po tama yan, puwede po kayo naming idemanda ng physical injuries diyan.” Then one of the complainants companion said, “Nakakahiya pa naman po kayo, abugado pa naman kayo, ipinagtatanggol niyo ang kamaliaan niyang kasama niyo! Lumagay kayo sa gitna!” Then the security guard said to me, “Akin na ang pangalan niyo!” to which I vehemently rejected. The complainant, her companions and the security guards at Baclaran talked and accused Liwanag of “holding her boobs” while I tried in vain to pacify them until the police arrived;

6. When the police arrived, they immediately handcuffed and arrested Liwanag, to which he resisted. He fell on the floor and held on to my legs to prevent him being taken away. I said to the police officers who arrested him, “Sir, saglit lang po, itayo niyo yang kasama ko!” Thereafter, the PO1 Deogracias, said to me, “Huwag kang makikialam, interfering police duties ka! Abugado ka ba? Patingin ng ID mo?” I said, “Sir, sasama po ng maayos ang kasama ko, itayo niyo lang po siya.” Then the security guard held me on the arms and said to me “Huwag ka ng makialam, yang kasama mo ang inaaresto eh, ipaaresto ka rin naming!” At this point, Liwanag’s hold on my legs loosened which led him to being dragged by the police officers into the police mobile;

7. I followed the policemen who arrested Liwanag to the police mobile and said to them, “Sir, saan niyo po dadalhin yang kasama ko? Puwede po ba akong sumama?” At this point, PO1 Deogracias said to PO2 Burgos, “Isama mo na nga yang isang yan! Kanina pa ang kulit-kulit niyang p*tang-inang yan eh! Interfering police duties na yan eh!” Thereafter, the policemen and the police assistants handcuffed me, to which I did not resist because I fear that I could face another case if I tried to assert my right to the arresting team. They forced us inside the back of the mobile;

8. We were brought to the Police Community Precinct No. 1 of Parañaque City at the Airport Road, where the police took the statement of the complainant without asking our side, except getting our identification cards, which we gave to them in good faith. Thereafter, the Desk Officer directed the arresting police officers to bring us to the Pasay City Hospital for the routine Medico-Legal Check;

9. It was at this juncture that I asked the police officer if I can contact our companions. I was allowed to do so, hence, I called the cellular phones of Mr. Melvin Castor Silvestre, Mr. Jomar Mendoza and GC Wilbryan Borbon to assist us. They all positively replied to our call for help and proceeded to the Pasay City Hospital;

10. Because of the concerns raised by our companions, we were brought back to the Police Community Precinct No. 1 to talk to the complainant. The complainant, together with the police officers who arrested us, talked privately in the 2nd floor of the precinct. When they went down, the complainant and the police officers talked to our companions. We were informed that the complainants are requesting damages for the wrong that Liwanag allegedly committed against her. My companions defended us vigorously against the imputations of the police and the complainant, but to no avail. The police officers insisted that we should be put behind bars for doing the things we allegedly committed;

11. Because no compromise happened at the precinct level, we were brought to the Ospital ng Maynila for the Medico-Legal, but we were denied admission there. We were subsequently brought to the Parañaque Community Hospital, where the doctors did not even inspect our physical condition at the moment before issuing the necessary medical certification. After such, our case was referred to the Parañaque City Police Headquarters, where we were detained at their jail from 3:00 AM until 1:30 PM;

12. The complainant sought damages in the amount of P40,000 for the alleged crime committed against her honor by Liwanag. On the other hand, the police officers who arrested me asked an assurance that no evil shall happen to their person if ever I shall be released. With our desire to be released immediately, Liwanag paid P20,000 after bargaining with the complainant, we signed the waiver, without the assistance of a counsel, under duress and forceful compulsion to regain our freedom from the clutches of the corrupt system that enslaves man;

I am executing this affidavit to attest to the truth of the foregoing and for the purposes of giving my side with regard to the instant case.

This 19th of September 2008, Cavite City, Philippines.

(SGD.)
IAN DELA CRUZ ENCARNACION
Affiant

SUBSCRIBED AND SWORN to before me, this 2nd day of February 2007 in Cavite City, with affiant exhibiting his FEU School ID with Number 2007-819-11-1.

This 19th of September 2008, Cavite City, Philippines.

(SGD.)

RIZALINA C. SANTERA

Notary Public

My Comm. Expires : December 31, 2008

PTR No. 8261304, January 3, 2008

Cavite City

Doc. No. : 203 ;
Page No. : 41 ;
Book No. : 12 ;
Series of 2008.

This is the link to the lousy story:

http://www.journal.com.ph/index.php?issue=2008-09-19&sec=1&aid=73284
http://www.abante.com.ph/issue/sep1908/crimes02.htm