Republic of the Philippines

REGIONAL TRIAL COURT

10th Judicial Region
Prosperidad, Agusan del Sur

PEOPLE OF THE PHILIPPINES,

Plaintiff, CRIM. CASE NO. 10049

-versus- For: MURDER

TOTO FUENTES aka BRAYBRAY,

BOYET MONDEJAR Y NUMERON aka DODS,
SANTOS MONDEJAR Y TORRES,
JUNJUN MONDEJAR, NILO PEREZ, OJU AZURA,
WALTER PEREZ, KINDEDY FUENTES, LIM
HELARION and TOTO HAVIER,
Accused,
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - /

COUNTER-AFFIDAVIT

I, BIOLY N. MONDEJAR, 30 years old, Filipino, single, and a

resident of Purok 5, San Patricio, La Paz, Agusan del Sur, after being
sworn to an oath in accordance with law hereby depose and state:

1. That I am one of the accused in the above – entitled case;

2. That I vehemently deny the malicious, unfounded and baseless

charge that I was among those who attacked CAA Felimon
Espinosa Perez, Jr.;

3. That on May 10, 2017, I was at MAPAJAG NU PAMILYA JA’T

GUYANGAN, INC., located at Taebonog, Lydia, La Paz, Agusan
del Sur and worked as a bagger of falcata seedlings for the
National Greening program (NGP) of the said location/area;

4. That testimony to be believed must not only come from

credible mouth but must be credible itself. Apparently, I was
lumped into the group of the “usual suspects who appeared to
be regular and hardened members of the NPA;

5. That the allegations in the Affidavit-Complaint are false and it

was physically impossible for me to commit the crime charged
because I had been to work around the time the crime
occurred;
 6. That I am executing this counter – affidavit freely and
voluntarily for the purpose of attesting the truth and to
controvert the charge filed against me.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

____ day of March 2017 at Patin-ay, Prosperidad, Agusan del Sur,
Philippines.

BIOLLY N. MONDEJAR
Affiant
I.D No. ____________

SUBSCRIBED AND SWORN to before me this _______ day of January

2019 at Patin-ay, Prosperidad, Agusan del Sur, Philippines. Affiant
exhibiting to me his identification card and I hereby certify that I
personally examined the affiant and that I am satisfied that he
voluntarily executed and understood his affidavit.

ATTY. MARCELO R. CAUPAYAN, JR.

District Public Attorney
Pursuant to RA 9406

Copy furnished by personal service: