Republic of the Philippines Department of Justice Padre Faura, Manila PATRIA GLORIA ORTEGA, Complainant, NPS Docket No. IV-17-INQ~-11A-00005 -versus- for MARLON RECAMATA Y BECHAVEZ, “MURDER” Aka “ TAGAR”, ET AL., Respondents, X- - - - - - ---- X Republic of the Philippines) 7 City of Puerto Princesa ) s.s. COUNTER-AFFIDAVIT I, ATTY. ROMEO M. SERATUBIAS, of legal age, mar- ried and residing at Green Valley Homes Subdivision, after having been duly sworn to in accordance with law, hereby depose and say: 1. That I am one of the respondents in the above- entitled case; 2. That I vehemently deny any participation what- soever in the accusation imputed to me; 3. That the truth of the matter is that sometime on January 15, 2011 at around 9:00 o’clock in the morning, I received a phone call through my cellphone from Percival Lecias, a known Provincial Government employee, inquiring if it was true that I was selling my ARMSCOR 45 caliber pistol; 4, That when I answered in the affirmative, he asked what the price was and I answered PHP 23,000.00 together with the transfer of license; 5. That finally, we agreed at PHP 20,000;ported amount agreed upon which I did not bother to count anymore upon trust and confidence on him; 7. That I proposed to make a Deed of Sale with transfer of license but he declined because he was in a hurry and he does not allegedly need the license because it was intended only for the use in the farm; 8. That I prevailed upon him to just sign an ack- nowledgment receipt of the gun in a piece of paper, machine copy of which is hereto attached as Annex *.'", just to establish the fact of sale and to show proof that the subject gun was no longer in my possession and control; 9. That in the narration of Marlon Recamata in his Extrajudicial Confession in answer to Question No. 21 | that he heard from one JunJun Bumar: “WAG KAYO MAG ALALA DI TAYO PABABAYAAN NI ATTY. SERATUBIAS” is purely hearsay the import of which is not of his own knowledge. Nevertheless, I hereby categorically deny the alleged statement because I do not know anyone of them. The said statement is a declaration by Respondent Recamata against his own interest and does not in any way bind or make me liable; 10. However, the complicity angle in the quoted statement in the preceding paragraph no. 9 of this Counter-Affidavit is clearly belied and disproved in the same answer to Question No. 21 of the aforemen- tioned Extrajudicial Confession by the statement att- ributed to respondent Dennis Aranas quoted hereunder “Tol bantayan mo ng mabuti kung positive na diyan na ang sasakyan birahin mo na, “BASTA PAGKAPUTOK SABAY TAKBO AT IHAGIS MO ANG GAMIT” ; 11. That the apparent purpose of the preceding quoted statement is no other than to implicate me and pin me down to the commission of the crime; 12. That this is bolstered in answer to Question 25 of the same Extrajudicial Confession, to wilS. Dahil iyon nga po ang usapan namin nila Dennis na itapon ko na lang ang baril habang ako ay patakas na.” 13. The clear import of Recamata’s statement does not in any manner relate to me as his co-conspirator. If at all, the evidence is merely circumstantial which is not the “circumstantial evidence” required by law or jurisprudence as would make me criminally liable; 14. That under the circumstances, the conspiracy theory to imply my participation, is clearly negated and disproved. What clearly appears is a grand design to set me up in the crime of which I had neither prior knowledge nor participation. Therefore, I am more of a victim rather than a party to the crime; . 15. To show and prove that Percival Lecias is per- sonally known to me for sometime because he was a came- raman/ photographer of the province when I was the Provincial Administrator of Palawan, is a copy of his Sworn Affidavit hereto attached as Annex “ "; 16. If at all, the transfer of ownership and pos- session of the gun from me to Bercival Lecias on Ja- nuary 15, 2011 may show an absence of extraordinary due diligence but certainly does not give rise to any cri- minal liability; . 17. I have been a member of the Bar since 1990 and have worked in the Provincial Government of Palawan since 1992 until I resigned from my position as the Provincial Administrator of the Provincial Government of Palawan to run as Mayor of the Municipality of San Vicente, Palawan during the May 2011 elections against a member of a rich and powerful family in Palawan. The subsequent radio broadcasts in the days following Ja- nuary 24, 2011 would clearly show a design to make me responsible for the crime when in truth and in fact, the gun purportedly used in the crime was no longer in my possession and control at the time of the incident; 18. Nothing in the evidence of the Complainant show that the gun purportedly used in killing Dr. Gerardo Ortega is the same gun purchased from me by Percival19. Public opinion expressed over local radio and television stations has practically judged me guilty of conspiracy with Recamata. The very fact that a licensed firearm purportedly coming from me was used by Recamata in shooting Dr. Ortega negates all suspicion for no lawyer in his right mind would willingly allow or con- sent that his licensed firearm be used for murder. I personally bear no grudge or ill-feeling against Dr. Ortega. Being an officer of the court: I uphold the law; I would never put it in my hands; and, I condemn the perpetrators; 20. That I executed this Counter-Affidavit to at- test to the truth of the foregoing in order that I will be dropped-as a Respondent in the above-entitled comp- laint. WHEREFORE, premises considered, it is most respect- fully prayed unto this Honorable Office that the com- plaint against me be dismissed for insufficiency of evidence. IN WITNESS WHEREOF, I have hereunto affixed my signature this 5th day of February 2011 in Puerto Princesa City. SUBSCRIBED AND SWORN to before me this 5th day of February 2011 in Puerto Princesa City. I hereby certify that I have personally examined the affiant and I am fully satisfied that he has read and understood all of the allegations contained in his Counter-Affidavit. ATTY. LOU N. AGUILAR NOTARY PUBLIC FOR PALAWAN AN PUERTO PRINCESA CITY Untit December 31, 2011 Doc.Pe- Quo a eelnecemne seeZigbets vy ORL OM acy ee g . hé Ttvicdoved. May f4 cana . focused faa hy, Ree D.4 Arex "2" rsT BUREAU OF IN CE, NGAYONG IKA, UNANG 'TANONG : Ikaw bn ay nikahandang magbigny ng isang malaya at kusang! \ loob nu salaysay at manimampang mugsasabi’ ng katotohanan, katotohanan at pawang —_katotohanan lamang imbistigasyong ito? 1 «| ue UNANG SAGOT : Opo. fe fot aH gi shila 02. T: Maaari mo bang sabihing ang iyong buong pangalan’at iis pang bagay na may"! |! kinalaman sa iyong pagkatao ? bo ljebiierd ' ik S: Opo, ako si PERCIVAL LECIAS Y BACOMO, 42 taong gulang, may asawa,),) |! ipinanganak noon| 9 ng Hulyo 1968 dito sa Lungsod ng Puerto Princesa at) kasalukuyang nakatira sa 32 Liberty Road, Pto. Prin, City at nagtatrabaho bilang Photographer nit Vice-Governor CLARA RE! 1yon sa tanggapan ng NB Palawan? laysay tangkol sa bari na ginamit sa pagpatay kay DR. 03. TP Babitka navisito oy S: Para magbi GERRY ORT T: Ano ang mutalaman mo tungkol sa nasabing baril na ginami sa paupatay kay DI GERRY ORTEGA? i S: Ang nasabing baril po ay pag-aari ni ATI TY, ROMEO SERATUBIAS ngunit |! binili to ni NONOY REGALADO noong January 15, 2011. Ako po ang" inutusan ni NONOY REGALADO na kunin ang baril kay ATTY. ROMEO, , | SERATUBIAS sa halagang Php 17,000.00 subalit sa resibo na pinirmahan ko’ nakasaad dito na ang baril ay nagkakahataga ng Php 20,000.00. T: Sino si NONOY REGALADO? 4 S: Kumpare ko po sya al matalik kong kaibigan, Empleyado rin po sya ng’: Kapitolyo. 06. ‘T: Matapos mong makuha ang baril kay ATTY, SERATUBIAS, saan mo dinala ito? : S: Dinala ko po ang baril sa bahay namin kung saan naghihintay si NONOY: Pagdating ko sa bahay agad ko itong ibinigay kay NONOY, REGALADO at di nagtagal ay umalis na rin sya (Nonoy). ‘i Wh ' My 07. ‘T: Saan naman dinala ni NONOY REGALADO ang nasabing baril, kung alam mo’ S: Hindi ko po alam f 08. TS Anong. basen SERATUBIAS S: Caliber 45 po na Armscor. baril ang binili_ ni. NONOY R 09, T; Maaari mo bang NONOY RE SALADO? S: Opo, noong January 15, 2011, Ltang? fa‘ialas! ots0 ng _umagalfel punwuata su bahay ko si NONOY! REGALADO at nakikiusapina kung pwed kong kunin ang baril kay ATTY. SERATUBIAS, tumanggi po ako dahil natakot At ako na baka mahuli sa akin’ ang baril habang dala-dala ko‘'Agad na umalis sill