July 16th, 2008
First Posted 08:20 PM 07/16/2008
Last Updated 11:00 AM 07/17/2008
Here are the Counter-affidavits of former Congressman and former Naval Mayor Gerardo S. Espina, Sr. and PO3 Jose Tablate Bacalla and affidavits of Eduardo B. Gaviola and Naval Councilor Victor A. Del Rosario Jr.
I, Gerardo S. Espina Sr.
1. That on the night of June 7, 2008, I was watching Pinoy Idol a singing contest on GMA Channel 7 for my granddaughter Gretchen M. Espina was a contestant. That after the program, I proceeded to send my text vote to 367, which was the cell phone number given to send text vote if one is using a Smart cell phone.
2. That while sending my text vote, my daughter Roselyn Espina Paras who was in Manila called me to ask where I was. I said I was at home in Caraycaray, Naval, Biliran. She then asked me if I knew about a shooting incident that took place in front of the residence of Mr. Charlie Chong. I told her I did not know. I then called the police station of Naval, Biliran to inquire about the incident. I was then told that there was a shooting incident reported and they already sent investigators.
3. Then I received a call from Capt. Ed Gaviola, Brgy. Capt. of Atipolo, Naval using the CP of Reggie Nierra my office manager around 8:00 o’clock p.m., who asked where I was and that he was coming to the house. I was still upstairs in my room when I was told that Capt. Gaviola arrived a few minutes after we talked. He was with two people, also from Atipolo.
4. A few minutes later while Mr. Gaviola and I together with his companions and some others were sitted outside the house near the kitchen door, Naval Councilor Jun Del Rosario arrived with his father and driver. Hon. Del Rosario told me “Sir, ikaw na pud niini ang pasumanginlan. Gamiton na pud nila ni sa pulitika”. We are all listening to Bantay Radio which was interviewing Mr. Charlie Chong who practically accused me and my family as being behind the shooting. Mr. Chong even said that because of what happened he will run in 2010 for Governor.
5. That the allegation of affiants Norly P. Barotol and Marion I. Merced are untrue and malicious as there was no one with armalite in my compound prior, during and even immediately after the incident. It was a day or two when my son requested for some security in the house. It is also malicious and untrue that I supposedly met three armed persons when these three entered my compound were Mr. Ed Gaviola and his two companions and they had no armalite. I also deny that I shouted at some people to come inside because “delikado”. Hence this affidavit in answer to accusation against my person.
6. That I have nothing to do with the alleged ambush of Mr. Charlie Chong that resulted in the death of Mr. Tony Barcelo and Inton Parilla.
7. That I have been a public servant for about twenty one (21) years, fourteen (14) years or so as an elected public official that included a stint a Deputy Speaker of our House of Representatives.
8. That in all my life, I have not been known as a violent person for I abhor violence in any form.
9. That I reiterate my strong denial of the malicious and unfair accusation and all allegation of wrong doing against anyone, and will assert my innocence in any forum and will seek justice for this wrong against my person and that of my family in the proper forum under the laws of our country.
10. That I am submitting this affidavit also to formally file my charges of perjury against affiants Norly P. Barotol and Marion Merced.
Ako si PO3 Jose Tablate Bacalla
1. Noong Hunyo 7, 2008, ako ay nasa aking bahay ng buong araw dahil si Mam Roselyn Espina Paras na kung saan doon ako nakadestino bilang security ay nasa Manila.
2. Na bandang alas 8:30 pasado tumawag si Mam Roselyn at sinabi niya na “punta ka ng Caraycaray kasi may ambush na nangyayari sa Naval.”
3. Tinanong ko si Mam “Sino inambush Mam?” sagot niya, “sila Charlie Chong at may tama si Tony Barcelo at Inton Parilla. Sigurado kami na naman ang pasumanginlan. Kawawa naman si Daddy doon, wala siyang kasama sa bahay”.
4. Sinabi ko kay Mam “sige mam punta ako Caraycaray”.
5. Dumating ako sa Caraycaray mga 9:15 ng gabi at tinanong ko si Maying na pamangkin ni sir Gerry kung nasaan si Sir, sinabi niya nasa loob kausap si Mr. Ed Gaviola ng Brgy. Atipolo, Naval, tapos umupo na ako sa terrace nila Mam Roselyn.
6. Ilang sandali lang at lumabas na sila Sir at Capt. Ed Gaviola, at doon sila umupo sa labas ng bahay sa may pinto ng kusina.
7. Ilang sandali lang dumating si Konsehal Jun Del Rosario, at ang kanyang ama na si Vic Del Rosario at driver nila at silang lahat kasama yong mga pamangkin ni Sir Gerry na si Mierven, Celing at iba pa ay patuloy na nakaupo doon sa labas ng bahay ni Sir Gerry sa may kusina. At matigas kong sinasabi na wala akong kinalaman sa nagyaring ambush kina Ginoon Charlie Chong na naging biktima sila Tony Barcelo at Inton Parilla.
8. Itong mga kuwento ko ay pawing katotohanan at kusa kung ibinigay para makatulong sa paghahanap ng hustisya.
I, Eduardo B. Gaviola
1. That on the night of June 7, 2008, I was at home sending my text vote for Idol Gretchen to 2344 Globe cell phone.
2. That while sending my text vote, I received a text message by Mr. Jerry Tibon informing me that there was a shooting incident and that he was in the hospital because “sila Tony Barcelo ug Inton Parilla may tama. Dito ako sa Hospital.”
3. I immediately I went to the hospital and true enough, Tony Barcelo and Inton Parilla where wounded but still alive. Later, while I was still in the hospital I learned that Inton Parilla died. Because I don’t have enough load in my cellphone I decided to go to the house of Reggie Nierra, office Manager of Gerry Espina who is also a resident of Atipolo and requested her to all Mr. Espina so I can talk to him and to inform him about the shooting incident in Naval.
4. So using the CP of Reggie Nierra, I asked Mr. Espina where he was and he told me he was in the house in Caray Caray and I told him I was going to his house.
5. I then I used my XRM 125 Honda Motorcycle color red and with two others went to the house of Sir Gerry. Mr Celing, a welder or Mr. Espina opened the gate and we drove inside the compound and parked near the kitchen door. There were no other people there. I requested the maid to tell Sir Gerry that we had arrived.
6. We were outside near the kitchen door and we together with my companions talked about the incident. A few minutes later, PO3 Jose Bacalla arrived.
7. Then Sir Gerry came down and joined us outside near the kitchen door. While discussing the incident, Councilor Jun Del Rosario arrived with his father and joined us in discussing the incident.
8. That Mr. Espina several times said very strongly that he had nothing to do with the incident but said that politically it was to the advantage of the Chong Family that he be blamed for the incident. Mr. Espina added that if he were behind it, para siyang kumuha ng bato at pinukpok nya ang sariling ulo nya.
9. Mga bandang ala una na ng kami ang mag uwian.
I Victor A. Del Rosario Jr.
1. That around 8 on the evening of June 7, 2008 while I was in Tagpuan Bar located in Brgy. Atipolo together with my fellow instructors of the Naval Institute of Technology College of Arts and Sciences, I received a mobile text message from SB Member Jose T. Genson informing of the shooting incident in front of the residence of Mr. Charlie Chong.
2. That thereafter learning of the said incident, I went back home to Brgy. Caray-caray and after having my dinner proceeded along with my father and driver of the house of Former Congressman and Mayor Gerry Espina of the same barangay;
3. That I was in the residence of Gerry Espina from a little more or less 8:30 on the night of June 7, 2008 until I in the morning of the following day, June 8, 2008. Aside from Gerry Espina, his house assistants and staff of the her daughter SB Member Roselyn Paras, who lives in the same compound, several other persons from the community were also present including the barangay captain of Atipolo Hon. Ed Gaviola and two companions from his barangay;
4. That during this time, nothing of the sort allegedly described by Norly P. Barotol and Marion I. Merced in their affidavits occurred. The whole time, Gerry Espina was present, having coffee, listening to the radio, speaking with us. Gerry Espina did not go to the terrace or to the gate to meet or speak with anyone, and I did not see any CIDG officers like the two mentioned, SPO2 Charlie Almine Ando Jr. and PO2 Jovito Say Cabillan who allegedly approached the house at that time boarding in a motorcycle with long firearms;
5. That I know POII Cabillan personally and can easily identify his face. The only police present was one long-time bodyguard of the Espina family in the person of Joe Bacalla, whom I sighted in the vicinity few more minutes after the time I arrived;
6. That contrary to the published description of the affidavit of Norly P. Barotol and Marion I. Merced, SB Member Roselyn Espina-Paras, a colleague in the council was not at the house of his father that evening. I knew she was in Manila at that time and for several more days. I am certain she can easily prove her presence and whereabouts in Manila at that time in question;
7. That I am executing this affidavit in order to attest to the truth of the foregoing deposition as my Christian duty and for whatever legal purpose this may serve;
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