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    1 Municipal Circuit Trial Court

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    Jhoey Castillo Bueno
    This document is a counter affidavit filed in response to criminal charges of violating RA 11332 by not wearing a face mask in public. The accused, BBB, denies the allegations and claims the photo shows he was on his property, not in public. BBB argues that simply being without a mask is not one of the prohibited acts under RA 11332, which include things like tampering with medical records or not cooperating with disease reporting. Therefore, BBB asserts the charge should be dismissed for lack of probable cause.

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    1 Municipal Circuit Trial Court

    Uploaded by

    Jhoey Castillo Bueno
    651 views2 pages
    This document is a counter affidavit filed in response to criminal charges of violating RA 11332 by not wearing a face mask in public. The accused, BBB, denies the allegations and claims the photo shows he was on his property, not in public. BBB argues that simply being without a mask is not one of the prohibited acts under RA 11332, which include things like tampering with medical records or not cooperating with disease reporting. Therefore, BBB asserts the charge should be dismissed for lack of probable cause.

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    Legal Form

    Original Title

    Counter-Affidavit-RA 11332

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    This document is a counter affidavit filed in response to criminal charges of violating RA 11332 by not wearing a face mask in public. The accused, BBB, denies the allegations and claims the photo shows he was on his property, not in public. BBB argues that simply being without a mask is not one of the prohibited acts under RA 11332, which include things like tampering with medical records or not cooperating with disease reporting. Therefore, BBB asserts the charge should be dismissed for lack of probable cause.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    651 views2 pages

    1 Municipal Circuit Trial Court

    Uploaded by

    Jhoey Castillo Bueno
    This document is a counter affidavit filed in response to criminal charges of violating RA 11332 by not wearing a face mask in public. The accused, BBB, denies the allegations and claims the photo shows he was on his property, not in public. BBB argues that simply being without a mask is not one of the prohibited acts under RA 11332, which include things like tampering with medical records or not cooperating with disease reporting. Therefore, BBB asserts the charge should be dismissed for lack of probable cause.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Republic of the Philippines

    Second Judicial Region


    st
    1 MUNICIPAL CIRCUIT TRIAL COURT
    (SAN PABLO-SANTA MARIA)
    San Pablo, Isabela

    PEOPLE OF THE PHILIPPINES,


    Complainant, CRIMINAL CASE NO. ____

    For: “VIOLATION OF RA
    -versus- NO.11332”

    BBB,
    Accused.
    x-------------------------------------------x

    COUNTER AFFIDAVIT

    I, BBB, Filipino, of legal age, married and presently residing at San


    Jose, San Pablo, Isabela, after having been duly sworn to in accordance with
    law, do hereby depose and say:

    1. That I am one of the accused who is charged with Violation of


    R.A. No. 11332, docketed as Criminal Case No. 2010, pending before the
    Honorable Court of 1st MCTC, San Pablo, Isabela;

    2. That the charge is base from the allegations that I am loitering


    along National Highway of Barangay Ballacayu, San Pablo, Isabela without
    wearing Face Mask at or about 9:25 o’clock in the morning of September
    22, 2020 while the province of Isabela is strictly monitoring/implementing
    Moderate General Community Quarantine (MGCQ);

    3. That I categorically deny the complaint for they are all product
    of lies and fabrications, purposely designed to harass and malign my
    reputations. The photograph itself attached to the Complaint would
    immediately tell us that I was not appearing in public. Truth is, I was just
    cleaning the premises and within the vicinity of our compound at that time;

    4. That assuming arguendo that I am loitering along National


    Highway of Barangay Ballacayu, San Pablo, Isabela without wearing Face
    Mask at or about 9:25 o’clock in the morning of September 22, 2020, I
    categorically deny having violated any provisions of R.A. No. 11332;

    5. That in order to be liable with the violation of R.A. No. 11332,


    I must commit the following prohibited acts under Section 9, to wit:

    1
    “Section 9. Prohibited Acts. -The following shall be prohibited
    under this Act:

    (a) Unauthorized disclosure of private and confidential information


    pertaining to a patient’s medical condition or treatment;

    (b) Tampering of records or intentionally providing misinformation;

    (c) Non-operation of the disease surveillance and response systems;

    (d) Non-cooperation of persons and entities that should report and/or


    respond to notifiable diseases or health events of public concern; and

    (e) Non-cooperation of the person or entities identified as having the


    notifiable disease, or affected by the health event of public concern.

    6. Unfortunately, the alleged loitering along National Highway of


    Barangay Ballacayu, San Pablo, Isabela without wearing Face Mask is not
    an infraction prohibited under R.A. No. 11332;

    7. That if indeed I was caught actually committing the alleged


    violation, the Police Officer could have easily brought me before the Office
    of the Provincial Prosecutor for inquest proceedings;

    8. Thus, it is evident from the foregoing disquisitions that the


    charge for violation of R.A. No. 11332 must necessarily be DISMISSED for
    lack of probable cause;

    9. I am executing this counter affidavit in order to attest to the


    truth and veracity of the foregoing statements and to refute the allegations in
    the Criminal Complaint.

    IN WITNESS WHEREOF, I have hereunto set my hand this


    November 26, 2020 at Cabagan, Isabela.

    BBB
    Affiant

    SUBSCRIBED AND SWORN to before me this November 26, 2020


    at Cabagan, Isabela. I hereby certify that I have personally examined the
    affiant and that I am satisfied that he executed the counter affidavit freely
    and voluntarily.

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