Johnny Bravo files a counter-affidavit denying the charge of homicide against him. He provides several key points in his defense: 1) He claims he discovered the bodies of his daughter's ex-lover and current suitor at the crime scene and alerted authorities as a senior police inspector; 2) The complainant's affidavit does not directly accuse or provide proof of Johnny committing the crime; 3) The charges appear to be filed out of vengeance over a relationship dispute rather than just cause; 4) Johnny requests the case be dismissed for lack of evidence and basis for a criminal charge.
Johnny Bravo files a counter-affidavit denying the charge of homicide against him. He provides several key points in his defense: 1) He claims he discovered the bodies of his daughter's ex-lover and current suitor at the crime scene and alerted authorities as a senior police inspector; 2) The complainant's affidavit does not directly accuse or provide proof of Johnny committing the crime; 3) The charges appear to be filed out of vengeance over a relationship dispute rather than just cause; 4) Johnny requests the case be dismissed for lack of evidence and basis for a criminal charge.
Johnny Bravo files a counter-affidavit denying the charge of homicide against him. He provides several key points in his defense: 1) He claims he discovered the bodies of his daughter's ex-lover and current suitor at the crime scene and alerted authorities as a senior police inspector; 2) The complainant's affidavit does not directly accuse or provide proof of Johnny committing the crime; 3) The charges appear to be filed out of vengeance over a relationship dispute rather than just cause; 4) Johnny requests the case be dismissed for lack of evidence and basis for a criminal charge.
Johnny Bravo files a counter-affidavit denying the charge of homicide against him. He provides several key points in his defense: 1) He claims he discovered the bodies of his daughter's ex-lover and current suitor at the crime scene and alerted authorities as a senior police inspector; 2) The complainant's affidavit does not directly accuse or provide proof of Johnny committing the crime; 3) The charges appear to be filed out of vengeance over a relationship dispute rather than just cause; 4) Johnny requests the case be dismissed for lack of evidence and basis for a criminal charge.
I, JOHNNY BRAVO, Filipino, married, with address at Zone
Gabi, Busay, Cebu City, under oath, do hereby depose and say: 1. I am the respondent in the above-entitled complaint. 2. I categorically deny the charge that I committed the crime of homicide because the truth of the matter are the following:
a. On January 5, 2015 around 2:00pm, I fetched my
daughter in her school at Busay National High School since it was the first day of school of the year.
b. That around 3:00pm, I heard gunshots and went out to
respond to the scene. I saw Basillo, my daughters exlover lying on the ground and Dominic Santos, my daughters suitor was also in the crime scene lying on the ground few meters away from Basillo.
c. As a Senior Police Inspector, I called in the station for
back up and asked for assistance because of the incident happened not too far from my residence.
No probable cause exists
as charge is based on speculation
d. Thus, it is a surprise now why the private complainant is
making these charges. In fact, her own affidavit does not mention of a direct testimony or proof that she saw me shoot the gun to his son.
e. It is based on pure speculation as she asserted in page
2 of her Affidavit: xxx. I heard three gunshot-like bursts but was not mindful of it because usually the street children play firecrackers xxx. (Stress supplied)
f. Given the factual milieu that I called in the station and
asked for the assistance and emergency unit at around 3pm on January 5, 2015, the conclusion by the private complainant is obviously based on conjecture assuming that I am the reason of the cause of the death of her son.
g. Probable cause certainly demands more than just bare
suspicion and can never be left to presupposition, or even convincing logic. (Gonzales vs. Hongkong Banking Corp., GR No. 164904, Oct. 19, 2007)
Afterthought as a form of vengeance
3. The obvious reason these criminal charges are filed is to get
back at me after a series of misunderstanding regarding the relationship between my daughter and the son of the private complainant.
Even the narration in her Affidavit belies the
underlying anger of the private complainant because of
intimidation.
4. She did not also cause the blotter of the supposed loss at the police station at the earliest opportune time if it was really true.
It is only much later or in January 25, 2015 that she
made a belated claim of homicide and filed this instant
complaint.
5. Be that as it may, the charge of homicide by way of
speculation is clearly dismissible as there is neither an
allegation nor proof that the such criminal act was made which is an element of the crime.
6. Even the affidavit of her witness, SPO2 Harry Camposano, are
questionable, at best.
For one, I did not uttered the words
Boanga! Napusilan man nako!.
For another, my daughter
and I were heading home as it was a Monday, first day of
school of the year. And that my daughter and Basillo were no longer sweethearts. Dominic Santos, my daughters suitor was in the crime scene who was also lying on the ground and possibly the one who killed Basillo. In effect, it is like comparing apples and oranges.
7. The truth of the matter is that private complainant wanted me
to face the criminal liability of the false rumors.
8. Truth to tell, in the 10 years or so of my job, this is the first
time I am sued in without justifiable cause; much worse, this is the first time I am charged criminally.
No basis for a criminal charge;
Malicious suit
9. Obviously, this is an afterthought after complainant failed in
her desire to compel me to be charged criminally.
It is
understandable that the private complainant may have felt
dismayed and hopeless. However, it cannot justify the course of action taken by her into a criminal prosecution obviously to force the respondent to bend his knees with a threat of imprisonment.
10.
The Prosecutorial Service of the Government should not
allow itself to be used by this unfounded suit in order to
harass and persecute an innocent person in the name of vengeance and misplaced anger.
PRAYER
11.
Time and again, starting with the pronouncement in the
cases of Marcos vs. Cruz (68 Phil 96) and Hashim vs Boncan (71 Phil 216), it has been already settled that the primary purpose of preliminary investigation is to secure the innocent
against
hasty,
malicious,
and
oppressive
prosecution, and to protect him from open and public
accusation of a crime, from the trouble, expense, and anxiety of a public trial, and also to protect the State from useless and expensive trials. In witness whereof, I execute this Counter-Affidavit this 30th day of January 2015 City, for the purpose of asking this Honorable Office to DISMISS the charges for lack of merit and basis.
JOHNNY BRAVO Affiant
SUBSCRIBED AND SWORN to before me this 30th day of
January 2015 at Cebu City, affiant exhibiting his Drivers License I.D. No. 1234567890 issued at LTO and to expire on 01.21.2019, showing his picture and signature as proof of competent identity.
ATTY. HARVY S. HALASAN
Counsel for the Respondent PTR No. 18909595:1-04-13 IBP No, 693095:1-04-13 Roll No. 42481:5-10-10 MCLE No. 3452:3-06-13
Doc. No. 435;
Page No. 23; Book No. 02; Series of 2015;
REPUBLIC OF THE PHILIPPINES)
CITY/MUNICIPALITY OF CEBU)SS.
ACKNOWLEDGEMENT BEFORE ME, a Notary Public for and in the City of Cebu, personally appeared affiant JOHNNY BRAVO with Drivers License I.D. No. 1234567890 issued at LTO and to expire on 01.21.2019, known to me to be the same person who executed the foregoing instrument which he acknowledged to me as his free and voluntary act and deed, consisting of only seven (7) page/s, including this page in which this Acknowledgement is written, duly signed by him and his instrumental witnesses on each and every page hereof. WITNESS MY HAND AND SEAL this 30 th day of January 2015 at Cebu City, Philippines.
