Republic of the Philippines

Department of Justice
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
CITY OF BAGUIO

Mario Torres,
Complainant,
I.S. NO: 123456
-versus-
For: Slight Physical Injuries
(Art. 266 Revised Penal Code)
Juan Miguel
Jun Miguel,
Respondents.

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

COUNTER-AFFIDAVIT

We, Juan Miguel, 25 years of age, Filipino, single, and residing at No.
12 Zarate Village, Barangay Pinsao Proper, Baguio City and Jun
Miguel, 26 years of age, Filipino, single, and residing No. 12 Zarate
Village, Barangay Pinsao Proper, respectively after having been duly
sworn to in accordance with law, respectfully allege THAT:

1. We are the respondents in Criminal Case I.S. DOCKET NO:

123456 for the crime of Slight Physical Injuries under Article
266 of the Revised Penal Code;

2. We are executing this Counter-Affidavit as a reply and

comment to the Complaint Affidavit of MARIO TORRES and
Affidavit of Witnesses of NENA CRUZ, RAMON TORRES and
DY LIM, who are under investigation by this Honorable Office
in connection with the injury of RAMON TORRES on the back
of his leg on February 5, 2019;

3. On February 5, 2019 12:00 A.M., we were inside Zarate Village,

Tacay Road, Barangay Pinsao Proper, Baguio City in front of

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 the store of prosecution witness Nena Cruz while drinking
alcoholic drinks on the side of the street;

4. We were cleaning up and bringing the beer bottles inside the

beer cases inside the store before going home;

5. As we were each holding a beer bottle, Juan Miguel was behind

me, Jun Miguel, as he was teasing and making some jokes;

6. Due to my being intoxicated and being hot tempered, I

threatened to hit Juan Miguel with the beer bottle I was
holding;

7. Unfortunately, I lost grip of the bottle as it shoot outside the

store and accidentally hit Mario Torres who was coincidentally
been walking by the store;

8. Aling Nena Cruz witnessed the whole event and began to assist
Mario Torres, bringing him inside her store

9. We ran to ask for help and got a first aid kit from our house
located at No. 12 Zarate Village, Barangay Pinsao Proper,
Baguio City;

10. We returned to assist Aling Nena and apologize to Mario

Torres. We did not find Mario Torres or Aling Nena Cruz in the
area so we proceeded back home;

11. It is true that we were drinking and that I threw bottles but we
did not intend to hit Mario Torres or run away from him after
the incident;

12. We deny that we left him afterwards as we actually went back

to apologize as witnessed by Joan Santos neighbor of Aling
Nena Cruz of which narration is attached as Exhibit A.

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 Exhibit A
Notary Public

Republic of the Philippines }

Province of Benguet }S.S.
City of Baguio }
X---------------------------------X

AFFIDAVIT OF WITNESS

I, JOAN SANTOS, 21 years old, single, Filipino and a resident of

Baguio City. After having been duly sworn to in accordance with
law do hereby depose and say;

That on or about 0100H of 05 February 2019 while I was on my way

home from work I passed by the store of Aling Nena Cruz. I saw
Jun Miguel and Juan Miguel cleaning the shattered bottles on the
street. Jun Miguel and Juan Miguel after cleaning the shattered
bottles inquired about the whereabouts of Mario Torres and Aling
Nena Cruz who was walking by the street an hour earlier. I
informed them that I saw Mario Torres walk away with his uncle
Ramon Torres and Aling Nena Cruz, who left after a while of
speaking with the two men.

IN WITNESS WHEREOF I hereby set our hand this 16 th day of March

2019 at Baguio City, Philippines.

JOAN SANTOS
Affiant

SUBSCRIBED AND SWORN to before me this 16 th day of February

2019 at Baguio City, Philippines. I HEREBY CERTIFY that I have
personally examined the above- named affiant and that I am
convinced that the affiant personally and voluntarily executed this
instrument and fully understood the same as well as the legal
consequences thereto.

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 PRAYER

WHEREFORE, premises considered, it is respectfully prayed

that the instant criminal complaint be DISMISSED for lack of merit.
Further, the respondents respectfully pray for such and other
reliefs as may be deemed just and equitable in the premises.
IN WITNESS WHEREOF, I have hereunto set my hand this 16 th
day of March, 2019 at Baguio City, Philippines.

JUN MIGUEL JUAN MIGUEL

Affiant

SUBSCRIBED AND SWORN to before me this 16th day of

March, 2016 at Baguio City, Philippines and I FURTHER CERTIFY
that I have personally examined the affiants and I am satisfied that
they have read and personally understood the contents of their
foregoing “Counter-Affidavit”.

James John Bernas

Assistance City Prosecutor
Roll No. 33986-2009
IBP No. 904627-4/6/10 PTR
No. 532654 5/12/10;
Baguio City MCLE Compliance III No.
0134501 Issued on July 8, 2010

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 CERTIFICATION

This is to certify that I have personally examined the affiants

and that I am satisfied that they voluntarily executed and understand
her statement herein.

James John Bernas

Assistance City Prosecutor
Roll No. 33986-2009
IBP No. 904627-4/6/10 PTR
No. 532654 5/12/10;
Baguio City MCLE Compliance III No.
0134501 Issued on July 8, 2010

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