Republic of the Philippines
DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
Cebu City
PO3 ALFRED GADOR
Complainant, NPS No. VII-02-INV
-01612
For:
-versus- RESISTANCE AND
DISOBEDIENCE TO A
PERSON IN
AUTHORITY
OR THE AGENT
SUCH
AS
PERSON
JELMER PIKOY
Respondent.
x-----------------/
REPUBLIC OF THE PHILIPPINES)
CEBU CITY ) S. S.
COUNTER- A F F I D A V I T
I, JELMER PIKOY, of legal age, a resident of Sancianko St.,
Cebu City, Philippines, after having been sworn in accordance with
law, hereby depose and say THAT:
1. I am the respondent in a Criminal Case for Violation of
Resistance and Obedience to a Person in Authority or the Agent
of Such Person filed by the above-named complainant, against
me.
2. On July 18, 2018, at about 6:00 pm, I went to the Mr. J along the
colon street to wait for my girlfriend. We were not in good terms
with my girlfriend so I texted her that I am waiting inside the Mr.
J since she was just studying in University of San Carlos Main
and Mr J is located just behind the said University.
3. Couple of minutes of waiting I received a text from her that she
will broke up with me. I am afraid of losing her so I rushed where
their exit is and so timing I saw her immediately.
4. I approached her but she backed me away. I told her that giving
up our relationship will not solve our problem but she told me this
way:
“Dugay rako naghuwat aning panahona nga magkabuwag na
gyud ta. Mahadlok lang ko mu ingun nimu nga napul-an na gyud
ko ani atung sitwasyon ug labaw sa tanan nawala na akong
gugma kanimu. Unsa pa may pulus kung ipadayun natu atung
relasyon nga wa koy gana nimu? Ug usa pa naa na koy uyab.
Mu abut ra to siya taod-taod so please undangi nako ug hawa na
ngari”
In effect:
I waited too long for this moment to happen that we will be broken
up. I was just afraid to tell you that I’m getting tired of our situation
and most of all my love for you has gone. What’s the point of
continuing this relationship if I’m tired of you? And another one, I
already have a boyfriend. He will arrive so soon so please stop
and get away.
5. My body froze that time and cannot sink in all her words. I just
found myself again inside the Mr. J and ordered tequila. I was
spacing out feeling my heart in pain. I watched my time in the
phone it was about 7:45. I will supposed to work at 8pm in
Teleperformance as a Call Center agent but it seems I need to
unwind first.
6. The bartender always give me tequila every time my glass will be
empty. I don’t know how many shots I drank until I felt dizzy but
not to the point that I was so drunk.
7. Out of a moment, I saw a couple in another table. I approached
them telling this words.
“Mga sweethearts, ayaw gyud ninyu pabaya.e ang usag-usa. Dili
raman tungud laki ka ikaw na bahala sa tanan. Kon dili kamu
duha magtinabangay”
In effect:
Sweethearts, don’t ever neglect one another. Not because you
are the guy, it’s you who will do all the things, But the two of you
will help each other
8. I was about to share my feelings to them but another customer
on the same table shooed me away, telling me to go home
because I was already drunk. I answered him that I’m not drunk
I just want to express my pain to them but instead his voice gets
louder it’s like we’re having a commotion here.
9. Later on, someone approached me. I did not look who was it
because I was explaining my side to the guy who shooed me
away and I am aware that my voice get also louder because of
the sound inside the bar.
10. I just then realized I was already handcuffed so I was
shocked who did that. At first I did not saw who he was not until
later on he was wearing police uniform.
11. I don’t have the knowledge that he is a police officer
because he did not introduced himself before putting me on a
handcuff.
12. He dragged me to the police station and I just follow
silently since my head was a little bit aching and it was like the
place was spinning.
13. The testimony of PO3 Alfred Gador, the one who arrested
me and filed me a complaint, was just misunderstood. He should
introduce himself, he should know what is going on, and he
should hear not only the other customer’s side but also my side
before handcuffing me. That was so rude by the police officer to
handcuff me and dragged me for not knowing who he was.
14. I did resist to the police officer because at first I don’t have
the knowledge that the person arrested me was a police officer
but I did not disobey him once I was handcuffed. Most of all I did
not act aggressively and violently to the customers. They just did
not approach us and let us explained.
15. The testimony of Mariel Bacarisas, the waitress in Mr. J
and Ingrid Ong, the security guard in Mr. J was not proper
because they immediately called a police officer. It should be the
guard to handle first such commotion and the manager of the bar
should have the knowledge what was going on before calling
police. This trouble could be settled if they just approached me
well.
16. I don’t have the intention to fuss around the bar. What my
intention was to express on the two lovers about what happened
to me and what I felt.
17. I am executing this affidavit to attest to the truth of the
foregoing statements and for whatever legal purpose that this
may serve.
IN WITNESS WHEREOF, I have hereunto set my hand this
July 22, 2018 at Cebu City, Philippines.
