Republic of the Philippines REGIONAL TRIAL COURT SECOND JUDICIAL REGION BRANCH 6 Province of Cagayan PEOPLE OF THE PHILIPPINES, -versus- CRIMINAL CASE NO; For: Parricide ELMER SANTOS Y DURAN, Accused. COUNTER-AFFIDAVIT 1, ELMER DURAN SANTOS, of legal age, Filipino citizen, married, and with address at #68 Dupaya St., Bagumbayan, Lal-lo, Cagayan, after having been duly sworn to in accordance with the law, do hereby depose and state that: ae I am the name-accused in the above-captioned criminal case. 2 T am executing this Counter-Affidavit to refute the allegations contained in the Complaint-Affidavit executed by Bernadette Cruz Lacsamana, private complainant herein, and in the Inquest Resolution 3. The allegations contained in private complainant's Complaint-Affidavit are replete with lies and distorted facts. 4. L absolutely deny that I have ever committed the alleged criminal act against the victim or against any other person mainly because (1) I did not Kill, let alone caused any action that would result to the untimely demise of the victim; and (2) the victim is not my legitimate spouse. In fact, it is | who have suffered most from the filing of this baseless and malicious complaint; 5. Respectfully, allow me to narrate the truth of the matter surrounding the circumstances that led to the filing of this baseless complaint:5.1. On the afternoon of August 31, 2022, Marinette and I had a discussion about the possibility of selling our rice farm to obtain funds that would enable us to send our son Jonathan to Manila for his college education. I did not agree to sell our lands, especially when I found out that the potential buyer was Mario Padilla Olayan, Marinette’s ex-boyfriend. I argued that our rice farm was still fertile and was able to produce enough palay to pay the first installment of Jonathan's tuition fees. Eventually, she agreed to retain the farm. 5.2. On September 6, 2022, at around 5:00PM, I came home from the farm when Marinette told me that her sister, Bernadette Craz Lacsamana, has already found a buyer, and that the said buyer was willing to pay double the amount offered by Mario. I instantly became angry because I thought the matter was already settled. We had a prolonged shouting match, and I became so angry to the point that I half-dragged her out of the house to show her how fertile and productive our lands are. I took my bolo and my ice pick from the backyard, using it to dig into the soil and show her the earthworms and the persistent weeds growing within our lands. 5.3. By the time I was done explaining this to her, Marinette suddenly broke down and confessed that she had already agreed to sell the land to Mario. She already accepted a Php 100,000.00 downpayment! from him, which she then used to pay Jonathan’s tuition fees?. However, she did not ‘know how to tell Mario that I did not consent to the sale, and her only way to solve the issue was to accept the sale that her sister brokered for her, then she can pay back the downpayment to Mario. She was crying so hard that I instantly let go of my anger and hugged her. However, I was lost for words that I could not decide what to do. I told her I needed a cigarette, maybe even a bilog. She needed some time alone as well and told me “Magmumuni-muni muna ako dito,” so I left her sitting beside the scarecrow. 5.4. I went straight to Dimagiba’s Sari-Sari Store nearby at around 6:00PM to buy cigarettes and a gin. Aling Biga tried to find out why Marinette and I was quarreling, because she could hear us from her store. I was not in the mood to talk and instead I tried to listen to the evening * attached as Annex “1”. ? attached as Annex “2”.5.5. 5.6. 5.7. 5.8. news to drown out my thoughts. I saw Mario Padilla Olayan headed towards the direction of our house, maybe to ask me to get a bilog with him. I ignored the thought of following him and remained at the sari-sari store. I was into my second cigarette when we heard a male voice shout “Napaka-ganid mong puta kal” after which I heard Marinette scream. I ran as fast as I could, but when I got there I saw a shirtless man, whom I recognized as Mario Padilla Olayan, stabbing my partner, who was on the ground and was no longer moving. I shouted “Hoy!” and he turned towards me. I picked up my bolo and icepick and tried to chase him, but I was so out of breath and the sunlight was already dwindling that I stumbled and fell to the ground, I decided to go back to my partner and tried to revive her, but I knew she was losing blood. I hugged her and stayed there for a few moments. I have no idea what to do. Finally 1 remembered her cousin who works as a nurse in Lallo’s Municipal Health Office, so I ran to our house to get my cellphone to call her and maybe persuade her to send a barangay mobile that could transport Marinette to the nearest hospital. When I was approaching our house, I heard someone shout towards me. I did not see their faces nor their clothing as I was too focused on getting my cellphone that Inever thought to stop. That two men ran at me and apprehended me. That was the only time I realized that they were policemen, but I was shocked when they arrested me. I tried to tell them. about what happened, but they were not listening, and they went on and read me my rights. I was still trying to explain myself while I was being led into the police mobile when I saw Mario Padilla Olayan in the crowd watching with a smirk. I was brought into the Lal-lo Police Station, where I was presented to Atty. Florinda Urbi from the City Prosecutor's Office and to Atty. Francis dela Rosa of Public Attorney’s Office. I did not understand most of what they were asking me, but from what little I can understand, they were asking me repeatedly if I wanted to be investigated. I certainly said no, because I am innocent. I was also asked if I will sign a certain waiver, but I could not understand what the waiver was for, and Ican’t think clearly because of Marinette’s murder, so I declined to sign it. THERE IS NO CRIME OF PARRICIDE IN THE PRESENT CASE. 6. The crime of parricide is found and penalized under Article 246 of the Revised Penal Code, to wit: “Article 246. Parricide. - Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua to death.” ie As discussed in the case of People vs. Delos Santos’, the elements of parricide are: “Parricide is committed when (1) a person is killed; (2) the accused is the killer; and (3) the deceased is either the legitimate spouse of the accused, or any legitimate or illegitimate parent, child, ascendant or descendant of the accused”. 8. While the first element is present in the case, the second and third elements are missing. 9. Ament the second element, I am respectfully and categorically denying the allegation that I killed the victim due to the fact that it is physically impossible for me to be at the locus criminis at the time of its commission‘. This fact can be attested by the spouses Baldomero and Gaile Dimagiba as evidenced by the Affidavits’ they executed. 10. It is highly preposterous to lend credibility to the allegations of the private complainant, Bernadette Cruz Lacsamana, who only arrived at the locus criminis while 1 was already being apprehended by the arresting officers. Her knowledge of the facts of the crime was solely based from the statements given by witness, Mario Olayan, who also had a motive to kill Marinette. * People of the Philippines vs. Paulino Delos Santos Jr, G.R. No. 248929 (November 9, 2020). * ‘Aerial map of distance of the crime scene to Oerecho's Sarisari store attached as Annex “3”. 5 affidavit executed by Baldomero and Goile Dimagiba is attached as Annex “4” and "4-1" respectively.i. Further, the witness Mario Padilla Olayan, had been in contact with Marinette regarding the intended sale of our land, in which he had given a sum of money as downpayment. The agreement was between Marinette and Mario Padilla Olayan, and I was not privy to the said downpayment until Marinette confessed to having received a sum of money for our son’s tuition fees. 12, Based on the facts and truth surrounding the circumstances of this case, it is of my belief that it is Mario Olayan who killed the victim and my partner, Marinette, on the reason of the deed of sale executed by him and Marinette. 13. Furthermore, contrary to the allegation that I made a sudden flight upon being flagged by the arresting officers and as above-mentioned, I was still in the state of shock upon discovery of the body of Marinette. The truth of the matter is that I was running back to our house to get my cellphone to call for medical assistance in my hopes to revive Marinette. 14. _ Inthe case of People vs. Malabago’, the Supreme Court held that among the three requisites, the relationship between the offender and the victim is the most crucial. In the case of parricide of a spouse, the best proof of the relationship between the accused and the deceased is the marriage certificate. 15. Anent to the second element and to refute the allegations, the victim, Marinette Cruz Santos, was not my legitimate spouse. I have been married to a certain Leonora Castillo Concepcion on June 3, 2000, evidenced by a Marriage Certificate’, 16. As provided under Article 41 of the Family Code of the Philippines’, any subsequent marriage contract during the subsistence of a valid previous marriage shall be deemed null and void. Henceforth, the marriage contracted between myself and Marinette shall be deemed null and void for having been contracted during the subsistence of my marriage with Leonora Castillo Concepcion. page S, Par. 2 of Inquest Resolution ” people ofthe Philiopines vs. Pedro Molabago, G.R. No. 115686 (December 2, 1996). ® attached as Annex“5". * art. 41. A martigne contracted by any person during subsistence of a previous marriage shall be null and _void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.17, From the above, it is evident that there is no crime of Parricide under Article 246 of the Revised Penal Code since the following elements are ABSENT: 17.1. The accused killed the victim since the allegations narrated by the complainant, Bernadette Cruz Lacsamana, pointing me as the perpetrator of Marinette’s killing are beyond her personal knowledge and the statement of witness, Mario Olayan, is absolutely false; and 17.2. Filial relationship between the accused and the victim is essential to establish the commission of the crime of parricide, which is unfounded, given that the victim is not my legitimate spouse or wife. 18. Absent the aforestated elements, I categorically and strongly register my denial. The allegations in the Complaint- Affidavit of Bernadette Cruz Lacsamana fail to establish cause of action for “Parricide” under Article 246 of the Revised Penal Code against me. 19. I fervently hope and respectfully pray that this complaint be dismissed for being unmeritorious, ill motivated, patently unsubstantiated and dubiously flawed. 20. lam executing this counter affidavit to attest to the truth of the foregoing statements and that the complaint is unfounded and has no basis in fact and in law warranting its outright dismissal thereof, even as the complainant completely failed to establish even the slightest probable cause for the supposed commission of the crime of parricide. FURTHERMORE, affiant sayeth none. IN WITNESS WHEREOF, I have hereunto set my hands this 22nd day of September 2022 at Tuguegarao City, Cagayan Province. Ss + ELMER DURAN SANTOS Affiant SUBSCRIBED AND SWORN to before me this 22nd day of September 2022 at Tuguegarao City, Cagayan Province, Philippines.ANNEX “4. September Ol, 2022 siyak ni Mario Olayan, resigente ti Bolisi Street. Bagumbayan , Larlo, Cagayan: kayat ko nga gatangen tay daga ni Marinete = Tjay Dupaya,S Lol-le, Cagayan - Aqgaed ti oe e ti kumauna nga bayad ko ti Pie,cco. wet inted eta nga aldaw ti Sept-Ol, 2022- dan Ajay baianse +i 200,0c0 ket masapol KO Ngo boy nu matpas ti 1 at 29nga pinag-ani- Le Saas BUYER (Translation: I, Mario Olayan, a resident of Balisi St, Lallo, Cagayan. I will buy the land of Marinette Santos situated at Dupaya, Lallo, Cagayan. For the total amount of PHP300K, the first payment will be paid today, Sept 01, 2022 in the amount of PHP100K. The balance of PHP200K will be paid in the 1st and 2nd cropping.)ANNEX “4” Aerial view of #68 Dupaya St, Bagumbayan, Lal-lo, Cagayan, the rice farm, Dimagiba Store, and the crime scene Area surrounded by red lines - rice farm owned by Marinette and Elmer Santos Blue dot ~ Ferrer Residence (#67 Dupaya St) Red dot ~ Santos Residence (#68 Dupaya St) Green dot ~ Dimagiba Residence and Sari-Sari store (#69 Dupaya St) Black “X” mark - Crime sceneRepublic of the Philippines) Municipality of Lal-lo ) ANNEX “ 4 _” Province of Cagayan )ss AFFIDAVIT I, Baldomero R. Dimagiba, of legal age, Filipino citizen, married, and with address at #69 Dupaya St, Bagumbayan, Lal-lo, Cagayan, after having been duly sworn to in accordance with the law, do hereby depose and state: 1. That am the spouse of Gaile Zabala Dimagiba; 2. That I have been living in this address since I married Gaile Zabala Dimagiba on 17 December 1976; 3. That I have known the decedent Marinette Cruz Santos since her childhood; 4, That I have known of her romantic relationship with Mario Olayan in her youth, and that my spouse and I have observed him coming to and from the Cruz residence at #68 Dupaya St., Bagumbayan, Lal-lo, Cagayan during the time of their courtship in 1995; 5. That lam aware that they broke up around the year 2000 due to personal differences; 6. That I am aware that they have maintained a friendly relationship ever since, despite their breakup as a romantic couple; 7. That I have known the accused Elmer Duran Santos since he started living with Marinette Cruz Santos sometime in 2002; 8. That around 6:00 o’clock p.m. of 06 September 2022, I was watching the start of the evening news when Elmer Santos went to our store to buy cigarettes and gin bilog. I heard my wife trying to have a conversation with Elmer, but Elmer was unresponsive; 9. After a few minutes, we heard a male voice shout “Napaka- ganid mong puta ka!” and then it was followed almost immediately by a scream, which I think was from a woman. I looked out and saw Elmer running into the source of the screams, leaving his unopened gin bilog and his cigarettes; 10. I then saw my wife going out of the store, as if to follow Elmer, but he was too fast and it was raining, so my wife went back to the store to close it. I didn’t think much about it, so I went back to watching the news; 11. My wife then noticed a crowd starting to gather towards the house of Elmer. She told me to go with her and see what the commotion was about;12. We went towards the crowd where I saw our neighbor Daisy Lynn Candor, then I asked her what was happening. She said that Elmer killed Marinette. I was in disbelief because I just saw Elmer outside our store, smoking cigarettes, before he ran away after we heard a woman screaming; 13. I then saw Elmer getting handcuffed by the police. At that point, my wife approached me to ask what was happening. I told her what Daisy told me; 14. We were both shocked that Elmer was arrested by the police officers. I firmly believe that they mistakenly arrested Elmer. He was at our store when we heard the screams of pain and the shout from someone who said, “puta and ganid”. FURTHERMORE, affiant sayeth none. IN WITNESS WHEREOE , I have hereunto set my hands this 19% day of September 2022 at Lal-lo, Cagayan Province. Affiant SUBSCRIBED AND SWORN to before me this 19 day of September 2022 at Lal-lo, Cagayan Province, Philippines.Republic of the Philippines) ANNEX “ , Municipality of Lal-lo ) EX & Province of Cagayan )ss AFFIDAVIT 1, Gaile Z. Dimagiba, of legal age, Filipino citizen, married, and with address at #69 Dupaya St,, Bagumbayan, Lal-lo, Cagayan, after having been duly sworn to in accordance with the law, do hereby depose and state: 1. That I am the spouse of Baldomero Resureccion Dimagiba; 2. That I have been living in this address since I was born on 17 October 1955; 3. That I have known the decedent Marinette Cruz Santos since her childhood; 4, That I have known of her romantic relationship with Mario Olayan in her youth, and that I have observed him coming to and from the Cruz residence at #68 Dupaya St., Bagumbayan, Lal-lo, Cagayan during the time of their courtship in 1995; 5. That I am aware that they broke up around the year 2000 due to personal differences; 6. That I am aware that they have maintained a friendly relationship ever since, despite their breakup as a romantic couple; 7. That around 6:00 o'clock p.m. of 06 September 2022, Elmer Santos went by my store to buy cigarettes and gin bilog. I asked Elmer, “ngayong ka lang magiinom ulit ah”, but Elmer did not respond. I asked again in jolly tone, while handing over the gin, “apay ta kasta ti langam eta?”. He did not responded so I let him asis. 8. Elmer stood by at my store for about 5mins, until we heard a male voice shout “Napaka-ganid mong puta ka!” after which I heard a lady scream, which I can surely say is the voice of Marinette. 9. Elmer ran as fast as he could and has not even opened his gin. I also went out the store but I did not catch up with Elmer. 10. It was raining and dark that time, so | just went back inside my house and closed my store. TL. The next thing I know, few people are gathering towards the house of Elmer. I knew from there, that something wrong had happened.12. Because I wanted to know what happened, I went towards where the commotion was at. There were police officers who then took Elmer Santos and handcuffed him. 13, | immediately went towards my husband and asked why was Elmer arrested, he said, he heard from the people that Elmer was arrested because he killed his wife, Marinette. 14. I was shocked that Elmer was arrested by the police officers. I firmly believe that they mistakenly arrested Elmer. We were at my store when we heard the screams of pain and the shout from someone who said, “puta and ganid”. FURTHERMORE, affiant sayeth none. IN WITNESS WHEREOF, I have hereunto set my hands this 19% day of September 2022 at Lal-lo, Cagayan Province. ile “Z. Dimagiba Affiant SUBSCRIBED AND SWORN to before me this 19% day of September 2022 at Lal-lo, Cagayan Province, Philippines.ANNEX“. —” nn CLAIRE DENNIS S. MAPA, Ph. D- ASH A Cecarinay «NSC ager Ge WOS00S85695. ‘Stamp Tax Paid MmeennnniM |Republic of the Philippines REGIONAL TRIAL COURT SECOND JUDICIAL REGION BRANCH 6 Province of Cagayan PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO: For: Parricide -versus- ELMER SANTOS Y DURAN, Accused. OMNIBUS MOTION WITH LEAVE OF COURT FOR PRELIMINARY INVESTIGATION WITH MOTION TO DEFER ARRAIGNMENT AND TO SUSPEND PROCEEDINGS ACCUSED ELMER DURAN SANTOS, through the undersigned counsel, unto this Honorable Court, respectfully states: 1. That the instant case was filed by virtue of an Inquest Proceedings conducted by Inquest Prosecutor Florinda Urbi on 08 September 2022; 2. That the herein accused failed to ask for a preliminary investigation and sign a waiver of Article 125 of the Revised Penal Code despite the assistance of Atty. Francis P. Dela Rosa of the Public Attorney's Office, Cagayan; 3. That such failure was due to the fact that herein accused was still in a state of shock regarding the murder of his wife Marinette Cruz Santos, and did not fully understand the consequences of such failure; 4. That the accused believes that if he will be given an opportunity to answer the charges against him and adduce evidence in his behalf, the resolution could have been different; 5. That the accused most respectfully prays that a preliminary investigation for the instant cases be conducted before the Office of the Provincial Prosecutor;6. That this motion is not intended for delay but solely for the above-mentioned grounds. WHEREFORE, premises considered, and in the interest of substantial justice it is humbly prayed that the instant Motion be granted and the records of the instant case be transmitted to the Office of the Provincial Prosecutor for the conduct of Preliminary Investigation. Movant further prays for the deferment of the arraignment and for the suspension of proceedings pending resolution of preliminary investigation. Other just and equitable reliefs are likewise prayed for. Respectfully submitted. Tuguegarao City, Cagayan: 22 September 2022. DEFEND THE FERSON LAW OFFICES Counsel for Accused Elmer D. Santos #3321 Ugac Norte, Tuguegarao City, Province of Cagayan 3500 Email: dtf.law.offices@gmail.com By: PF REDEN C. CEDICOL PTR No. 1223334/01-06-22/Cagayan IBP No. 444555/01-17-22/Cagayan MCLE No. VII-0055660/05-05-22/Cagayan Roll No. 66006 COPY FURNISHED: (by email) OFFICE OF THE CITY PROSECUTOR: 3rd Floor, Tuguegarao City Hall ocp.tuguegarao@ gmail.com EXPLANATION Due to the current pandemic, and pursuant to the resolutions issued by the Supreme Court, this pleading is filed and served upon the parties electronically. 2. REDEN CCEDICOLRepublic of the Philippines REGIONAL TRIAL COURT SECOND JUDICIAL REGION BRANCH 6 Province of Cagayan PEOPLE OF THE PHILIPPINES, versus: CRIMINAL CASE NO: For: Parricide ELMER SANTOS Y DURAN, Accused. x FORMAL ENTRY OF APPEARANCE The undersigned counsel respectfully enters its appearance as counsel for the accused ELMER DURAN SANTOS. Henceforth, it is requested that they be furnished with copies of all pleadings, documents, orders, judgments, and other legal processes of this Honorable Court at their given address. RESPECTFULLY SUBMITTED ‘Tuguegarao, Cagayan: 19 September 2022. DEFEND THE FERSON LAW OFFICES Counsel for Accused Elmer D. Santos #3321 Ugac Norte, Tuguegarao City, Province of Cagayan 3500 Email: dtf.law.offices@gmail.com By: SE REDEN C. CEDICOL PTR No, 1223334/01-06-22/Cagayan IBP No. 444555/01-17-22/ Cagayan MCLE No. VII-0055660/05-05-22/Cagayan Roll No. 66006