Republic of the Philippines. .

)
Province of Sarangani . . . . . ) S.S.
Municipality of Alabel . . . . . . )
X - - - - - - - - - - - - - - - - - - - -X

JOINT COUNTER AFFIDAVIT

(NPS DOC NO. XII-07-INV-18F-00242)

We, ELENITA ALDAMIA, JOSE REY ATINEN and NENE MANLANGIT, all
of legal age, all married, all Filipino and all residents of Purok I, Brgy. Banata,
Malungon, Sarangani Province, after having been duly sworn to in accordance
with law, hereby depose and state;

1. Herein affiants are the respondents in NPS DOC NO. XII-07-INV-18F-

00242 for SERIOUS PHYSICAL INJURIES/FRUSTRATED HOMICIDE. Herein
affiants vehemently denied the accusations hurled against us, the truth
being that;

2. We, Elenita Aldamia (Elenita for brevity) and Jose Rey (Rey for brevity)
Atinen, were the Aunt and Uncle of the herein complainant, Geraliegh Lyka
E. Aldamia (Geraliegh for brevity) while Nene Manlangit (Nene for brevity)
is a helper of Elenita and Rey. Elenita and Rey were the ones who took
care of Geraliegh since she was more or less two (2) years old after her
biological mother left her.

3. On or about 3:00 in the afternoon of June 18, 2017, the complainant,

Geraliegh, went to Anecita Aldamia, her grandmother and Elenita’s
mother, to get the ATM Card of her father as she was allegedly has the
better right to keep the same. The old woman refused as she was the one
who was given the ATM Card by his child, the father of Geraliegh. The old
woman would only agree to the plea of Geraliegh when latter can show an
authority coming from his father but she failed. Because of the insistence
of Geraliegh, the old woman trembled as she has also a high blood
pressure. The old woman went to the next store owned by Elenita. The old
woman who was trembling then told about the disrespectful actuations of
Geraliegh to her. Elenita then summoned her niece, Geraliegh, and talk her
about what happened. Elenita then asked her about her studies why she
was not yet enrolled when her school started the classes already.
Geraliegh then kicked her foot. Because of surprise towards the rude
actions of Geraliegh, Elenita stroke the stick she was holding. But such was
done only once. Afterwards, the confrontation ensued and Geraliegh
wanted to hit her back but Elenita was able to hold her. Nene then saw
them and immediately pacified them. Because Geraliegh has a smooth
skin, she obtained bruises in her arms as can clearly be gleaned in her
Affidavit-Complaint’s Annexes B to K. After several minutes, Rey arrived
and made Elenita and Geraliegh calm.

4. One of the annexes attached by the complainant to her Affidavit-Complaint

was a Medical Certificate dated July 07, 2017. The Medical Certificate
stated that the duration of the illness was 5 to 7 days only which is

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 punishable under Article 266 of Revised Penal Code of Slight Physical
Injuries or Maltreatment. The charge of the herein complainant was too
grave to the crime committed. There was no intention to kill the
complainant to charge the respondents to Frustrated Homicide nor the
complainant obtained injuries which incapacitated her to work or labor for
more than 30 days to charge the respondents to serious physical injuries.

5. Moreover, considering that the crime committed was only Slight Physical
Injuries, it is considered as a light offense which prescribes in two (2)
months as provided in Article 90 of the Revised Penal Code of the
Prescription of Crimes. In the case at bar, the commission of the crime
took on June 18, 2017. More than one (1) year has already lapsed. Hence,
the crime has already prescribed.

6. In People of the Philippines vs Juan Del Rosario, GR No. L-15140,

December 29, 1960, the Supreme Court ruled,

“The defendant cannot legally be convicted of the crime of slight

physical injuries, which is a light offense, the information under
which he is sought to be held liable having admittedly been filed
in court more than two (2) months after the commission and
discovery of the offense.”

7. Also, the Certificate to File Action the complainant attach as Annex

“L” in his Affidavit-Complaint already prescribed and unenforceable.
It must be noted that Article 417 of RA 7160 provides that the
amicable settlemet or arbitration award may be enforced within six
(6) months from the date of settlement. In the case at bar, the
Certificate to File Action was issued on September 15, 2017, more
than six (6) months as provided by law. Hence, can no longer be
enforceable.

8. Thus, We hereby execute this counter affidavit to attest to the truth of

the foregoing facts and circumstances, and to pray for the outright
DISMISSAL of this case.

9. IN WITNESS WHEREOF, We have hereunto set my hand this ____ day of

July 2018 at Alabel, Sarangani Province, Philippines.

ELENITA ALDAMIA JOSE REY ATINEN

Affiant Affiant
NENE MANLANGIT
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of July 2018 at

Alabel, Sarangani Province, Philippines. I HEREBY CERTIFY that I have personally
examined the herein affiant and that I am fully satisfied that he voluntarily
executed and understood his affidavit.

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