counter affidavit murder

7/25/2019 Counter Affidavit Murder

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Republic of the PhilippinesDepartment of Justice

OFFICE OF THE PROVINCIAL PROSECUTOR5thJudicial Region

Legazpi City

VAN! D" P#N$#%Complainant,

&'ersus&NP( D#C)!$ N#* V&+,&N-&.5/&

+0000

1or* 2urderR)# D" $A2P#%

Respondent.3& & & & & & & & & & & & & & & & & & & & &3

COUNTER-AFFIDAVIT

% RIKO D. TAMPO% 40 years old% married% and a residentof Puro .% /rgy" (abang% Legazpi City% after ha'ing been duly s6ornto in accordance 6ith la6% hereby deposes and says $7A$*

." am the respondent in Criminal Case NP( D#C)!$ N#* V&+,&N-&.5/&+0000 for the crime of 2urder under Article84, of the Re'ised Penal Code9

8" am e3ecuting this Counter&A:da'it as a reply andcomment to the Complaint A:da'it of VAN! D" P#N$#and A:da'it of ;itnesses% ;!ND< D=LA and /$#ANC7#% 6ho are under in'estigation by this 7onorable#:ce in connection 6ith the death of $$# D" P#N$# afterbeing shot on April .% 8+.?"

@" #n April .% 8+.? ,*++ P"2"% 6as in /elarminco (t"% LegazpiCity% and 6as at the store o6ned by one of theprosecution 6itness% ;endy Dula% drining a softdrin9

4" Also in the store 6ere /itoy >ancho and $ito D" Pontoha'ing a drining session" 6as in'ited by /itoy to ointhem but declined because 6as already tired and noticed that they 6ere already drun"

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5" After drining the soft drin got up and 6aled to6ardsthe 'icinity of /elarmino (t" 6hen heard a gunshot"1earing for my life ran to6ards the >o'" 1orbes (t" andto6ards my residence for safety9

?" learned later that it 6as $ito D" Ponto 6ho 6as theperson 6ho 6as shot and illed during that shootingincident 6hen my 6ife told me about it 6hen she gothome from the maretplace at around ,*4+ pm on thatsame day9

B" ne6 $ito D" Ponto since 6e sometimes played tong&itstogether9

," t is true that and $ito D" Ponto had recently undergonebarangay conciliation for collection of sum o6ed to him9

0" Although me and $ito had an argument during theconciliation% ne'er said that 6ould ill the 'ictim andbesides the cause of the argument 6as not of such natureas to mae me ill him9

.+" deny ha'ing shot and illed $ito D" Ponto"

Relevant Law and Cae Law

." $he Rules of Court of the Philippines% Rule .@@% (ec" 8pro'ides*

Proof beyond reasonable doubt E n acriminal case% the accused is entitled toacFuittal unless his guilt is sho6n beyond

reasonable doubt" Proof beyond reasonabledoubt" Proof beyond reasonable doubt doesnot mean such a degree of proof as%e3cluding the possibility of error% producesabsolute certainty" 2oral certainty only isreFuired% or that degree of proof 6hichproduces con'iction in an unpreudicedmind"

8" $he (upreme Court% in the case of People '" 2araorao%

June 8+%8+.8 has held that*

n e'ery criminal prosecution% the statemust pro'e beyond reasonable doubt% all theelements of the crime charged and thecomplicity or participation of the accused

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G""con'iction must rest on the strength of theprosecutionHs e'idence and not on the6eaness of the defense"

P R A " E R

#HEREFORE$ premises considered% it is respectfullyprayed that the instant criminal complaint be D(2((!D forlac of merit"

F%&t'e&% the respondents respectfully pray for such andother reliefs as may be deemed ust and eFuitable in thepremises"

N ;$N!(( ;7!R!#1% ha'e hereunto set my handthis ?th day of December% 8+.@ at (urigao City% Philippines"

RIKO D. TAMPOA:ant

SU(SCRI(ED AND S#ORN to before me this 4th day ofApril% 8+.? at Legazpi City% Philippines and 1=R$7!R C!R$1

counter affidavit murder

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