Republic of the Philippines

OFFICE OF THE OMBUDSMAN

Military and Other Law Enforcement Offices
Sen. Miriam P. Defensor-Santiago Ave., (formerly Agham Road)
Brgy. Bagong Pag-Asa, Diliman, Quezon City, 111105

RAMCHRISEN V. HAVERIA, JR., OMB-P-C-MAR-24-0017

Complainant, FOR: Incriminating Innocent
Person (Art. 363, RPC), False
Testimony in Other Cases and
Perjury in Solemn Affirmation
OMB-P-A-MAR-24-0033
-versus- FOR: Abuse of Authority, Grave
Irregularity in the Performance of
Duty (except Anduyan and
Triambulo)
PBGEN ROLANDO B. ANDUYAN (Ret.), ET AL.,
Respondent,.
x---------------------------------------------------------------x

COUNTER-AFFIDAVIT

THE UNDERSIGNED RESPONDENT, by himself and unto this Honorable

Office, most respectfully avers that:

1. I am PMAJ AMOR CALLEJA CERILLO, currently assigned and designated as

Assistant Chief of Police for Administration (ACOPA) of Valenzuela City Police Station
(VCPS), Northern Police District (NPD) with current address at 2 nd Floor, VCPS
Headquarters, Mac Arthur Highway, Karuhatan, Valenzuela City with landline number
8352-4000 loc. 4120, where summons and other pleadings may be serve upon him;

2. On May 27, 2024, the respondent received 2nd ORDER (To File Counter-
Affidavit) dated May 20, 2024 issued by YVETTE MARIE S. EVARISTO, Assistant
Director, PIAAPB-B requiring the undersigned to file Counter-Affidavit relative to the
above-cited cases.

3. This cases arouse from the Anti-illegal Drugs operation conducted by SDEU,
Navotas City Police Station on January 9, 2019 at about 10:00 p.m. against two (2)
personalities identified as Brian Sigua y Bacay, @Utoy and alias "Prince" where Serious
Irregularity and Violation of RA 9165 were allegedly committed by the personnel of the
said unit where the Complainant was then the Chief of Police of Navotas City Police
Station;

4. The District Director, NPD (PBGEN ANDUYAN) then directed the District
Intelligence Division (DID) Counter Intelligence and Security Section to conduct
validation of the report and for the NPD’s Oversight Committee on Anti-Illegal Drugs to
immediately convene to determine if there were policies, rules and regulations, and
provisions of RA No. 9165 being violated;
 5. The NPD Oversight Committee on Anti-Illegal Drug Operation was constituted
pursuant to NPD-DPRMD General Orders No. 010 dated January 8, 2019 to oversee
the anti-illegal drug operation and compliance of the CAMANAVA Police Station to the
policy guidelines in implementation on war on drugs wherein the undersigned
respondent was appointed as Vice-Chairman of the said committee;

6. On January 24, 2019 the Committee was constituted to investigate the police
operation of Navotas City Police Station Drug Enforcement Unit made on January 9,
2019 against alias "UTOY" and alias "PRINCE" and the subsequent filing of criminal
actions against said suspects. PO2 Jaypee R Manalac, the investigator on case, was
invited to shed light on the said operation made on said date particularly against alias
"UTOY" and alias "PRINCE". it was established that on at around 10: 00 p.m. of
January 9, 2019, members of Navotas City Police Station-Drug Enforcement Unit
conducted follow-up operation based on the custodial debriefing on arrested drug
personalities made by the Special Operation Group of Navotas City Police Station.
During the said operation, PO1 Patrick Nagal acted as poseur buyer and when he was
handling the buy bust money to a certain alias "UTOY", somebody shouted in the
vernacular "PULIS YAN! PULIS YAN!" prompting the suspects to run on different
directions and manage to elude arrest. Criminal Information. was filed against alias
"UTOY" and alias "PRINCE" before the office of Navotas City Prosecutor Office. PO1
Cabrera, one of the operatives who acted as back up to PO1 Nagal stated that their
team were able to recover a sling bag containing more or less one (1) kilo of white
crystalline substance believed to be shabu. After the recovery of said evidence, the
team immediately proceeded to the office of complainant to turn over the said evidence
to him. However, after turning over the said pieces of evidence consisting of nineteen
(19) pieces of heat sealed plastic sachet believed to be shabu, only fourteen (14) pieces
of heat sealed transparent plastic sachet containing alleged shabu weighing more or
less 160 grams were brought to PNP Crime Laboratory at Camp Crame, Quezon City
for examination upon instruction of the complainant. PO2 Cabidog suggested that the
said accomplishment be disclosed to the media which the complainant declined
because there was no arrested suspect;

7. Based on the Board Resolution dated January 24, 2019, the remaining five
(5) large pieces of heat sealed transparent plastic sachet containing alleged shabu was
taken by the complaint and the said statement of PO1 Cipriano Cabrera III taken from
the handwritten statement of said personnel and corroborated by PO2 Jameson M
Cabidog and PO2 Jaypee R Manalac clearly established the possible commission of
Serious Irregularity in the Performance of Duty and Violation of Section 27 (failure to
account) and Sec. 21 of RA. 9165. The Committee resolved and recommended that the
complainant as well as those personnel who actually participated in the said operation
held on January 9, 2019 against alias "UTOY" and alias "PRINCE" be administratively
relieved from their office and for the conduct of pre charge investigation for possible
administrative case/s and/or criminal charges if warranted;

8. Needless to say, the complainant accusations against the respondent are

highly unbelievable. “Evidence to be believed must not only proceed from the mouth of
a credible witness but it must be credible in itself, such as the common experience and
observation of mankind can approve as probable under the circumstances.”1
1
Zarraga v. People, G.R. No. 162064, March 14, 2006, 484 SCRA 639, cited in People vs. Erlinda Capunay y
Tison, G.R. No. 185715, January 19, 2011.
 9. Emphatically, the complainant has the burden of proving by substantial
evidence. The basic rule is that mere allegation is not evidence and is not equivalent to
proof.2 In this regard, the following ruling of the Supreme Court is very relevant:

“[I]t does not necessarily mean that once the charge is made, the
conviction of the accused would follow as a matter of course. For in this
jurisdiction, as we have also consistently held, accusation is not
synonymous with guilt. While the tendency of the courts in rape cases is to
believe the complaining witness for the reasons above stated, there is still
a significant number of decisions in which the accused has been
exonerated for failure of the prosecution to prove his guilt beyond
reasonable doubt. This had to be so for under the Bill of Rights the
accused is presumed innocent until the contrary is proved.”3

10. Substantial evidence, which is more than a mere scintilla but is such relevant
evidence as a reasonable mind might accept as adequate to support a conclusion,
would suffice to hold one administratively liable. While substantial evidence does not
necessarily import preponderance of evidence as is required in an ordinary civil case, or
evidence beyond reasonable doubt as is required in criminal cases, it should be enough
to support a conclusion.4 Without a doubt, there is none in this case.

11. Since, the complainant relied on self-serving evidence, and failed to

substantiate such allegations that the respondent actually incriminate him, made false
testimony, and abuse his authority tantamount to grave irregularity in the performance
of duty where in fact the respondent only made his part in convening, investigating and
recommending the complainant to administratively relief as Chief of Police in order not
to influence the conduct of administrative investigation against them. The instant
administrative and criminal complaints deserve an outright dismissal for lack of merit.

PRAYER

WHEREFORE, all the foregoing premises considered, it is most respectfully

prayed of the Honorable Office that the instant cases be dismissed for lack of merit.

All other reliefs and remedies just and equitable in the premises are likewise
prayed for.

City of Valenzuela (for City of Quezon) June 5, 2024.

PMAJ AMOR CALLEJA CERILLO

Respondent
2
Miro vs. Mendoza, G.R. No. 172532, 172544-45, November 20, 2013, citing Navarro vs. Clerk of
Court Cerezo, 492 Phil. 19, 22 (2002).
3
People vs. Ignacio, G.R. No. 90318, July 24, 1992.
4
Senator Jinggoy Ejercito Estrada vs. Office of the Ombudsman, et al., G.R. Nos. 212140-41. January 21, 2015.
 Mobile No.: 09956573040
Address: No. 203 Malolos St., East Bagong Barrio, Brgy 157, Caloocan City
Office Address: OACOPA, 2nd Floor, VCPS Headquarters,
Mac Arthur Highway, Karuhatan, Valenzuela City
Email Address:

REPUBLIC OF THE PHILIPPINES )

CITY OF CALOOCAN ) SS.

VERIFICATION

I, PMAJ AMOR CALLEJA CERILLO, of legal age, member of Philippine

National Police currently assigned and designated as ACOPA, VCPS, NPD, Filipino
citizen, under oath, do hereby jointly depose and say:

1. That I am one of the respondent in the above-entitled case;

2. That I have caused the preparation and filing of the foregoing Counter-
Affidavit;

3. That I have read and understood all the allegations in the Counter-Affidavit
and the same are true and correct of our personal knowledge and based on
authentic records;

IN WITNESS WHEREOF, we have hereunto set my hand this 5 th day of June,

2024, at Valenzuela City, Metro Manila.

PMAJ AMOR CALLEJA CERILLO

I.D. ____________________
Issued at ________________
Issued on ______________

SUBSCRIBED AND SWORN to before me this ______day of June 2024, at

Valenzuela City, affiant exhibiting to me his identification document by way of PNP ID
with number as indicated his name above, bearing his
photograph and signature, as competent evidences of his identity.

NOTARY PUBLIC

Doc. No. ;
Page No. ;
Book No. ;
Series of 2024.

Copy Furnished:
RAMCHRISEN V HAVERIA, JR.
No. 11 Ivory St., SSS Village, Concepcion Dos,
Marikina City

EXPLANATION – Due to time and distance constraints, plus the current lack of
adequate messengerial help the undersigned to effect personal service of pleadings,
the complainant was furnished copy of the foregoing answer through registered mail
(and/or private courier service).

PMAJ AMOR C CERILLO