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Republic of the Philippines

Department of Justice
National Prosecution Service
OFFICE OF THE PROVINCIAL PROSECUTOR
OF LANAO DEL SUR

NORAIDA D. SUBNGAN,
Complainant,
NPS-RXIV-04-INQ-18D-00074
-versus- FOR: MURDER

AIMAN ALISOOD, ABOL MOSIB and


JOHN DOE
Respondents.
x-----------------------------------------x

COUNTER-AFFIDAVIT

I, ABOL MOSIB, of legal age, married, and a resident of


Picotaan, Lumbatan, Lanao del Sur, after being duly sworn to an oath in
accordance with law, do hereby depose and state that:

1. I am one of the respondents in the above-captioned case pending


before the Honorable Provincial Prosecutor’s Office of Lanao del Sur;

2. At the outset, I am vehemently denying the allegations of the


complainant against me for being fabricated and false. The truth
being as stated hereunder:

3. On March 21, 2018, at around 5:00 in the afternoon, as the usual


habit in our neighborhood, men started to gather and sit outside the
house of Magasuga Macatampo, in front of his ‘sari-sari’ store, to wait
for the Maghrib call of prayer;

4. When 5:30 pm came, we noticed Saidamen, approximately 120


meters from where we sat, boarded on a single motorcycle coming
from the direction of Brgy. Lumbac;

5. We fully recognized Saidamen, a resident of a nearby barrio,


because within that week, he repeatedly came back and forth to
Aiman’s house harassing the young boy for a guitar borrowed by his
mother from Saidamen and which was allegedly damaged;

6. Every time, Saidamen would scoff at the poor young lad provocatively
telling him ‘mga talaw kano, patayan kano na di kano bo
pamakasaop’;

7. Fully cognizant that Saidamen’s family is involved in a number of


‘rido’ family feuds in and out of our municipality, I always advice my
nephew not to fight or talk back and just turn away when Saidamen
says foul words;

8. In split seconds, we were bewildered when we hear successive three


gun shots and saw Saidamen fell to the ground. Thereafter, four more
gun shots were heard still directed and aimed at Saidamen;

9. At that moment, we were not able to see the assailant whom we


realized was hiding behind the trees;

10. Five minutes after the shooting incident, Aiman came to us,
coming from the back of the neighborhood, and revealed that it was
him who shot Saidamen;

11. I was startled and I do not know what to do. Frightened for my
nephew, all I can say was “antona aki a siyowa a ka ini?” (what have
you done boy?)

12. Respected elders (‘datus’) negotiated for the retrieval of the


cadaver;

13. At around 11:00 in the evening, the MILF Commander of Camp


Unayan Base Command Mohammad Rabani came to the house of
my nephew and mandatorily required him to come with them;

14. He was imprisoned in Camp Unayan for more than twenty days
during which period, Commander Mohammad Rabani negotiated with
the family of the killed for a possible amicable settlement;

15. The family of Saidamen would not accept any settlement other
than “qitas” or equal retribution, but owing to the fact that the
assailant was a minor, Commander Rabani did not approve the
same;

16. Hence, due to the staunch stand of the assailed family, the
attempted settlement failed. Owing to the irreconcilable conflict,
Commander Rabani was left with no option but to inhibit from
resolving the case and stop from pursuing Saidamen’s family.

17. I am vehemently denying that I am one of the assailants of


Saidamen and further pronounce my innocence of the crime of
Murder the complainant is accusing me of. I further maintain that I
have neither aided, abetted nor approved of the shooting perpetrated
by Aiman;

18. I am thus executing this counter-affidavit to attest to the


truthfulness of the foregoing statements to refute the accusations for
MURDER against me and for the DISMISSAL of the case filed
against me for lack of probable cause.

IN WITNESS HEREOF, I have hereunto affixed my signature this


_____day of _______________________ in Marawi City, Philippines.

ABOL MOSIB
Affiant

SUBSRIBED AND SWORN to before me this _____day of


_______________________ in Marawi City, Philippines.

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