Republic of the Philippines )

Province of Davao del Sur )s.s

City of Digos )
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JOINT COUNTER AFFIDAVIT

WE, BERNARDO L. LUMONTAD, GEMMA L. FRASCO CRESENCIANO A.

VILLACOJER ILENE L. ESCALANE, all of legal ages, Filipino citizens and residents of
Maraga-a, Kiblawan, Davao del Sur and Sta. Maria, Davao Occidental respectively after
having duly sworn to in accordance with law, do hereby depose and state:

1. That we are the accused in Criminal Case No. 8676 for the crime of Slight
Physical Injuries pending before the Municipal Circuit Trial Court of Padada-
Kiblawan, Davao del Sur;

2. That we admit the answers given by complainant in Question No. 1 to 6 and 9 of

his Judicial Affidavit of Complaint/Witness dated October 2, 2017;

3. That we deny his answers given in Question No. 7 to 8 of his Judicial Affidavit of
Complaint/Witness the truth being as follows:

a. Out of complainant’s greed, he filed a case in the barangay to partition the

property owned by our brother Leo Lumontad (hereinafter referred to as
Leo). We did not agree because we know for a fact that although the
property was titled in the name of our mother it was bought and paid for by
our brother Leo. This enraged complainant because he wanted a share of the
property. During our first scheduled conference, he scolded the members of
the Lupon for being biased. He even bragged that he was an official of the
PNP and an educated man while we can barely sign our names. Thus, no
settlement was reached before the Lupon and we were then asked to come
again on another date;

b. After the conference, we stayed at a nipa hut near the Barangay Hall to have
our snacks. When we saw Cresenciano Villcojer, one of the members of the
Lupon we invited him for snacks. A few minutes later complainant
approached us and intentionally provoked our brother Leo Lumontad by
loudly and angrily demanding for the payment of his loan in the amount of
P65,000.00 which the latter owed him and pointed fingers at him repeatedly
humiliating him infront of other people and passersby;

c. It was not true that Leo immediately punched him after that without saying
anything. The truth was Leo answered back saying that it was not purely a
loan but a mortgage involving his land planted with coconut trees. They have
a contract for 3 years and complainant already benefited from the income of
the coconut for 2 years. He further added that it was only recently that he
was not able to pay complainant due to typhoon Pablo which almost killed
him and his wife when a coconut tree fell on his house. He even asked
complainant nicely to collect in their house and not infront of other people or
to file a case against him if he will fail or refuse to pay;

d. He was also advised by Cresenciano Villacojer to just go home because it is

not the proper time to talk about Leo’s debt. But this only enraged
complainant more and he instead talked about another property owned by
Leo’s wife which was allegedly pawned to him and kept pointing fingers at
Leo saying that he has papers to show that Leo and his wife indeed signed
papers to that effect;
 e. It was at this instance that Leo’s son Lloyd got angry and told complainant
that he has no gratitude to his parents who took care of him when he was
still broke and now he would also take the property of his mother;

f. Incensed, complainant continued pointing fingers at Leo disrespecting and

humiliating him which angered his son and prompted him to punch him in the
face. Then a brawl ensued between Leo, Lloyd and Isacar each taking a hit at
each other. Cresencio Villacojer tried to pacify the three and put himself in
the middle to keep them from punching each other and told the other siblings
not to join in the fistfight;

g. That never at any instance during the scuffle did we touch complainant or
hold him so that Leo can punch him. We were present but we did not take
part in the fight. His statements are not only false but also incredible
considering that no less than a member of the Lupon was present and as a
peacemaker he would not allow that to happen. In fact, he tried to pacify the
three and to stop the fight at once. The Affidavit of witness of Cresenciano
Villacojer is hereto attached as ANNEX “A”;

h. That if the allegations of complainant are to be believed, he would have

suffered serious injuries if he was allegedly continuously punched by Leo. But
that was not the case, there was already a fistfight and they are punching
each other. In fact, in his medical certificate he only suffered a non- fatal
injury on his face and none in his nape which is inconsistent with his
statement that he was punched in the nape by Bernardo Lumontad. Besides,
complainant is a member of the PNP and with his training and skill it would
be impossible that he offered no resistance or defense when he was
punched;

i. That during the brawl, complainant kept kicking Leo in the leg which caused
him to lose his balance and fell on the ground. When Isacar fell down we saw
with our own eyes when he ripped his shirt and Bernardo Lumontad even
said, “Oh gigisi nimo ang imong sinina ha! Basin kami ang imong pasanginlan
nga naggisi”’;

j. That thereafter we asked for help and two females and one male assisted
Isacar to stand up and brought him inside the Barangay Hall while the rest of
us stayed;

4. That we are executing this counter affidavit to attest to the truth and veracity of
the foregoing statements and to refute the allegations of complainant in his
Judicial Affidavit of Complaint/Witness for the crime Slight Physical Injuries.

IN WITNESS WHEREOF, we have hereunto set our hand this __ day of

November, 2017 in City of Digos, Davao del Sur, Philippines.

BERNARDO L. LUMONTAD GEMMA L. FRASCO

Affiant Affiant

ILENE L. ESCALANE
Affiant

SUBSCRIBED AND SWORN to before me this _____________ exhibiting to

me competent proof of their identity. I certify further that I have personally examined
herein affiants and I am satisfied that they understood the contents of joint counter
affidavit and voluntarily executed the same.