Republic of the Philippines

National Capital Judicial Region

Branch 70, Quezon City

ROSALINDA HERRERA y SANTOS

Complainant, NPS No. V-INV-22A-0120
For: Homicide
-versus-

ALLAN PEREZ y COJUANGCO

Respondent.
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COUNTER-AFFIDAVIT

I, Allan Perez y Cojuangco, of legal age, Filipino, married, and a resident of Block
34, Everest St. Quezon City, after having been sworn to in accordance with law, hereby
depose and say that:

1. That, I am the respondent named in the herein criminal case

docketed under NPS No. V-INV-22A-0120 for the crime of
Homicide against Joel Herrera, of legal age, married, Filipino,
and a resident of Tambunting, Quezon City;

2. That, I am executing this Counter-Affidavit as a reply to the

Complaint Affidavit filed by the wife of Joel Herrera and the
Affidavit of Witnesses, Marina Ramos and Solomon Santos in
connection with the instantaneous death of Joel Herrera on
January 20, 2022.

3. That, on January 20, 2022 at around 5:30 PM, while I was

waiting for a public utility jeepney, I noticed someone who is
also seemingly waiting for a jeep, who happened to be
Timoteo Cruz;

4. That, when the passenger jeepney arrived, I boarded on it and

noticed that Timoteo Cruz, also followed and boarded the
same jeepney that I am into and sat beside me;

5. That, while the jeepney is travelling, I noticed that he is

uncomfortable and kept on looking at every passenger on the
jeppney;

6. That, when we reached the underpass at Timog Avenue,

Timoteo Cruz, pointed a gun at my waist and instructed me to
declare a hold-up, which prompted me to follow because I was
afraid that he would pull the trigger of his gun;

7. That, when I declared the hold-up, the passengers were

alarmed, so I just instructed Timoteo Cruz to get the
passengers belongings, so he could already leave after
getting what he wants;

8. That, while the chaos was happening, I noticed that one co-
passenger, who is seated in front of me, who happened to be
Joel Herrera, is getting something in his bag, and when I
 confirmed that it was a gun and he is trying to aim it at me, I
informed Timoteo Cruz to get his bag, to prevent Joel Herrera
from shooting me;

9. That, Joel Herrera and Timoteo Cruz wrestled with each other
and Joel Herrera overpowered Timoteo and got the gun from
him, and tried to aim it again at me, which prompted me to
seize the gun and I accidentally pulled the trigger at him;

10. That, because of fear of what had happened, I alighted on that

jeep, and little did I know that Timoteo Cruz also alighted that
passenger jeepney;

11. That, I truthfully declare that the shooting of Joel Herrera was
with the aim of protecting myself for possible harm and that it
was pure accidental and due to the surge of the moment;

12. That, I don’t personally know the person of Timoteo Cruz and
I don’t have any connection with him in whatsoever manner;

PRAYER

Wherefore, premises considered, it is most respectfully prayed that the respondent

be exempt from criminal liability on the account of self-defense.

Further, respondent respectfully pray for such other reliefs just and equitable under
the circumstance.

In witness whereof, I have hereunto set my hands this, 26th day of March 2022 at
Quezon City, Philippines.

ALLAN C. PEREZ
Affiant

SUBSCRIBED AND SWORN to, before me this 26th day of March 2022 at Quezon
City, Philippines, and I further certify that I have personally examined the affiant and I am
satisfied that he has personally read and understood the contents of the foregoing
Counter-Affidavit.

Michelle C. Llaneta-Villamora
UNTIL DECEMBER 31, 2025
MCLE V24032
PTR No. 52401224: 3-27-24: N.C.
IBP No. 270427: 3-27-24:N.C.
Roll No. 030611: 1-14-24: Manila

Doc. No.: 1050

Page No.: 346
Book No.: 5
Series of 2022