Republic of the Philippines

Department of Justice
National Prosecution Service
OFFICE OF THE PROVINCIAL PROSECUTOR
PROVINCE OF ISABELA
City of Ilagan

JOEL MIGUEL,
Complainant/s,

-versus- NPS Docket No. II-04-INV-18F-00492

FOR:
RECKLESS IMPRUDENCE RESULTING IN
MULTIPLE PHYSICAL INJURY WITH
DAMAGE TO PROPERTY

JAMES TIMOTHY y DOMADO

Accused,

x- - - - - - - - - - - - - - - - -x

COUNTER-AFFIDAVIT

I, JAMES TIMOTHY y DOMADO, of legal age, Filipino citizen,

and a resident of Vira, Roxas, Isabela, under oath, do hereby
depose and say:

1. That I am one of the respondents in the above-entitled

case;

2. That I vehemently and vigorously deny all the material

allegations in the affidavit of Joel Miguel and that of his
witnesses;

3. That the accounts of the said private complainant is a

twisted version of what is the truth, tailored in such a way to
lend credence to an otherwise unfounded charge and
engineered to serve their own interest more particularly to
harass the respondent;

4. That the whole truth being that sometime on the 16th

day of May 2018, 2016 at around 4:30 o-clock in the afternoon,
I was riding my Yamaha Aerox (not NMAX like the one stated in
his Criminal Complaint), going to Sandiat West, San Manuel,
Isabela, and along the way I was able to overtake the
motorcycle of the private complainant who loses control of his
motorcycle and as a result the private complainant and his
companions fell on the ground?

5. That I did not hit nor bump the motorcycle of the

private complainant, instead he loses control of his motorcycle
considering that the road was rough and full of aggregates;

6. That the left portion of the motorcycle of the private

complainant did not sustain any damage which will prove that
it was bump; furthermore, if I bump the same then I would have
loss control also and could have fallen on the ground too;

7. That the private complainant was drunk before

because he came from a birthday party at Caliguian, Burgos,
Isabela, he confessed this at the Barangay.

8. That the private complainant filed this case to cover

what he did at Caliguian, Burgos, Isabela, considering that he
peep on my wife while she was taking a bath in a bathroom
and as a result commotion started so the private complainant
left the area;

9. The private complainant has no driver’s license and is

motorcycle was not also registered which entails that he was
the negligent party on the said occasion;

10. That indeed, this malicious charge is meant simply to

vex and harass a lowly citizen like the respondent. Hence, I
most respectfully pray of the Honorable Office Court to take my
statement and that of my witness into consideration in resolving
the case. I humbly pray finally for the dismissal of this
unfounded complaint filed against us.

AFFIANT FURTHER SAYETH NAUGHT.

IN WITNESS WHEREOF, I have hereunto set my hand 2nd

day of July 2018, at Roxas, Isabela, Philippines.

JAMES TIMOTHY y DOMADO

Accused
DL ID NO. B09-15-877000
VALID UNTIL: 2023/04/08
 SUBSCRIBED AND SWORN to before me this 2nd day of July
2018, at Roxas, Isabela, Philippines.