1. The document is a counter-affidavit filed by BA, one of the respondents in a criminal complaint for frustrated murder, to deny the accusations against him and provide his version of events.
2. BA claims that on the day in question, he was at home when he heard shouting outside and found his father fighting with another man over a land dispute. When the other man fell, BA and RUA approached but then decided to leave with BA's father.
3. BA denies being involved in the altercation or carrying a weapon. He argues there is no basis to charge him with frustrated murder as he was not involved in the encounter.
1. The document is a counter-affidavit filed by BA, one of the respondents in a criminal complaint for frustrated murder, to deny the accusations against him and provide his version of events.
2. BA claims that on the day in question, he was at home when he heard shouting outside and found his father fighting with another man over a land dispute. When the other man fell, BA and RUA approached but then decided to leave with BA's father.
3. BA denies being involved in the altercation or carrying a weapon. He argues there is no basis to charge him with frustrated murder as he was not involved in the encounter.
Original Description:
This is a counter-affidavit to a criminal charge for murder.
1. The document is a counter-affidavit filed by BA, one of the respondents in a criminal complaint for frustrated murder, to deny the accusations against him and provide his version of events.
2. BA claims that on the day in question, he was at home when he heard shouting outside and found his father fighting with another man over a land dispute. When the other man fell, BA and RUA approached but then decided to leave with BA's father.
3. BA denies being involved in the altercation or carrying a weapon. He argues there is no basis to charge him with frustrated murder as he was not involved in the encounter.
1. The document is a counter-affidavit filed by BA, one of the respondents in a criminal complaint for frustrated murder, to deny the accusations against him and provide his version of events.
2. BA claims that on the day in question, he was at home when he heard shouting outside and found his father fighting with another man over a land dispute. When the other man fell, BA and RUA approached but then decided to leave with BA's father.
3. BA denies being involved in the altercation or carrying a weapon. He argues there is no basis to charge him with frustrated murder as he was not involved in the encounter.
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RE: Frustrated Murder against RA, et. al., in NPS Docket No.
VIII-00-INV-00I- 00000
Republic of the Philippines )
City of XXX )s.s. x------------------------------------x
COUNTER-AFFIDAVIT
I, BA, Filipino, of legal age, single and a resident of Brgy. SJ, D-
municipality, L-province, after having been duly sworn to in accordance with law, hereby depose and state: THAT - -
1. Usa ako han mga gin-ngaranan nga respondent han Criminal
Complaint docketed as NPS Docket No. VIII-00-INV-00I-00000 for Frustrated Murder nga gin-file ni AE (Private Complianant) ngan pending ha Office of the Provincial Prosecutor of Leyte. [I am one of the three (3) named respondents in the Criminal Complaint docketed as NPS Docket No. VIII-00-INV-00I-00000 for Frustrated Murder filed by AE (Private Complainant) pending before the Office of the Provincial Prosecutor of Leyte.]
2. Dida han 25 November 2009, nakakarawat ako hin Subpoena nga
gin-padara han Office of the Provincial Prosecutor of L-Province, nga gin- mamandaran ako nga mag-submit hin dire lapos hin napulo (10) ka-adlaw tikang han kakarawat ha iya, o ngada han 5 December 2009, an akon Counter-Affidavit ngan han kanan akon mga testigo pag-suporta han akon depensa kontra han keha ha akon nga akon co-respondents nga hira RA ngan RUA. [On 25 November 2009, I received a Subpoena issued by the Office of the Provincial Prosecutor of L-Province directing me to submit not later than ten (10) days from receipt thereof, or until 5 December 2009, my Counter Affidavit and that of my witnesses in support of my defense to the charge against me and my co- respondents RA and RUA.]
3. Dida han 30 November 2009, an amon abogado, hi Atty. JAD, nag-
file hin Notice of Appearance of Counsel with Motion for Extension of Time to File Counter-Affidavits pangaro hin dugang nga napulo (10) ka-adlaw tikang 5 December 2009 o ngada ha 15 December 2009 para mag-file han amon counter-affidavits. [On 30 November 2009, our counsel, Atty. JAD, filed a Notice of Appearance of Counsel with Motion for Extension of Time to File Counter-Affidavits requesting for an extension of time of ten (10) days from 5 December 2009 or until 15 December 2009 within which to file our counter-affidavits.] Page 2 of 6
4. Bahin han mga akusasyon ni AE dida han iya Judicial Complaint
Affidavit nga ako, upod an akon mga co-respondent, in nakahimo hin buruhaton nga pwede maging basehan hin Frustrated Murder, akon ito igin-didiwara kay puro ito binuwa ngan pag-lipat. An kamatuuran asya an masunod: [As to the accusations of AE in his Judicial Complaint Affidavit that I, together with my co-respondents, had committed acts constituting the crime of Frustrated Murder, I vehemently and categorically deny the same for being mere falsehoods and misrepresentations. The truth of the incident is as follows:]
5. Dida han 25 August 2009, nakadto ako ha sulod han amon balay ha SJ, D-municipality, L-province, han makabati ako hin gugli-at tikang ha gawas. Gumawas ako panginano kun ano adto. [On 25 August 2009, I was inside our house in SJ, D-municipality, L-province, when I heard some shouting from outside. I went out to check what it was about.]
6. Nakit-an ko an mga tawo ha gawas nga nag-kikinita ngadto han
amon tuna ha nga gin-alad ni tatay. Han pag-harani ko, nakit-an ko hi tatay nga may kaaway nga tawo. Mayda hi tatay sundang ngan an tawo liwat mayda kapot nga puthaw nga tubo. [I saw the people outside looking towards our land that was fenced by my father. When I came near, I saw my father fighting with another man. My father was holding a long bolo and the other man was holding a long metal pipe.]
7. Han kakit-i ko nga natumba an kaaway ni tatay, dumalagan ako pag-
harani kan Tatay. Dumaop gihap hi RUA ha iya. [When I saw the man fighting with my father fall down, I rushed towards him. RUA also approached him.]
8. Nag-desisyon hi Tatay ngan hi RUA nga lumakat na layon. Gin-
upod ako nira kay bangin kuno ako liwat an manilikado tungod hadto nga panhinabo. [My father and RUA decided to leave immediately. They brought me along because I might be in danger because of the incident.]
9. Dire ito tinuod nga upod ako nira Tatay ngan RUA han ira pagkadto hito nga tuna. Labi na nga dire tuod nga mayda ko nga dara nga balbag. [It is not true that I was with my father and RUA when they went to that lot. More so that it is not true that I was carrying a club.] Page 3 of 6
10. Waray basehan para ig-upod ako hin pagkaso hin Frustrated Murder kay dire man ako api han engkwentro ni AE ngan hi Tatay. Waray gihap basehan para sumiring nga nag-sarabot ngan nag-kaurusa kami nira Tatay ngan RUA kontra kan AE. [There is no basis to include me in a case for Frustrated Murder because I was not involved in the encounter between RUA and my father with AE. There is also no basis to say that we agreed and mutually helped each other against AE.]
11. Labot la hito, waray basehan para kasuhan bisan hira Tatay ngan RUA hin Frustrated Murder kay bisan pa man hira gud man an una nga umatake kan AE, waray man hira may gin-himo nga butang para dire hi AE maka-depensa han iya kalugaringon o makahatag kanda tatay hin lamang kontra ha iya. Angay nga hinumduman nga dako ini nga tawo hi AE ngan han panhinabo, mayda gihap niya dara nga armas, ngan kilala ini hiya nga karatista. Tigdaay gihap adto nga panhinabo ngan waray panahon pag- plano han pama-agi han pag-atake. Bisan han iya Judicial Complaint Affidavit, waray didto alegasyon nga masuporta hin kaso nga Frustrated Murder. [Aside from that, there is no basis to charge even my father and RUA for Frustrated Homicide because even if it were true that they were the first to attack AE, they did not do anything to deprive him of any defense to himself or to give my father any advantage over him. It is worthy to note that he is a big man and at the time of the incident, he was also carrying a weapon, and that he is a known martial artist. The incident also happened instantaneously without any opportunity to plan the means of attack. Even in his Judicial Complaint Affidavit, there was no allegation that would support a case for Frustrated Murder.]
12. Ha kadugangan, labot la nga an kasamad ni AE in tungod la han pag-
depensa ni tatay han iya kalugaringon, klaro man nga waray hiya gin-antos nga makamaratay nga samad o samad nga pwede maging hinugndan hin deretso nga kamatay. Tapos, dida ngani han katumba na ni AE ngan dire na hiya makaka-ato, gin-pabay-an na man hiya ni Tatay. Nagpapakita la ini hin klaro nga waray ni Tatay, o hi RUA, ngan labi na hi ako, intensyon pagpatay ha iya. [In addition, aside from the fact that the wounds sustained by AE was inflicted while my father was defending himself, it was quite clear that he did not sustain any fatal injury or injury that would cause instantaneous death. Further, when AE had fallen and was no longer able to fight, my father left him alone. It clearly shows that my father, or RUA, and especially myself, had no intention to kill him.]
13. Dire iton tuod nga nakada an mga anak ni AE han pag-engkwentro nira ni Tatay. Dida na ito hira dumaop han pag-baya na ni Tatay kan AE. [It is not true that AEs children were there during his encounter with Page 4 of 6
my father. They only approached him after my father had left AE
alone.]
24. Ha pagtapos, gin-himo ko ini nga Counter-Affidavit pagpamatuod
han mga panhinabo nga akon gin-sumat pag-suporta han akon depensa kontra han keha nga Frustrated Murder kontra ha akon, kan RA, ngan RUA, ngan para man liwat hin kun ano pa nga legal nga kagaramitan hini. [Finally, I am executing this Counter-Affidavit to attest to the truth and veracity of the foregoing facts above-stated in support of my defense to the charge of Frustrated Murder filed against me, RA, and RUA; as well as for other legal purpose the same may rightly serve.
IN WITNESS WHEREOF, I have hereunto set my hand this
___________________________ at T-city, Philippines.
BA Affiant
SUBSCRIBED AND SWORN to before me this
____________________ at T-city, Philippines by the affiant who exhibited his _______________________ as competent proof of his identity. I further certify that I have personally examined the affiant and that I am fully satisfied that he freely and voluntarily executed this affidavit and fully understood the contents thereof.
