Republic of the Philippines
Department of Justice
OFFICE OF THE CITY PROSECUTOR
PROVINCE OF ZAMBOANGA DEL SUR
Hall of Justice, City Hall Complex, Pagadian City
VERNADETH VICENTE y CRUZ
Complainant,
NPS Docket No: IX-07-INQ-
25B-001
-versus-
For: Murder
AMER UNGGANG y CASES
Respondent.
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COUNTER AFFIDAVIT
I, AMER UNGGANG y CASES, 25 years old, Filipino, married and a
resident of Purok Ilang-ilang, Barangay Poblacion, Margosatubig,
Zamboanga del Sur, after having been duly sworn to in accordance with
law, do hereby depose and say, Pagadian City under oath hereby depose
and state that:
1. I am the respondent in the case docketed as NPS Docket No. IX-07-
INQ-25B-001 for the crime of Murder as defined and penalized under
Article 248 of the Revised Penal Code;
2. I am executing this Counter-Affidavit as a reply and comment to the
Complaint Affidavit of VERNADETH VICENTE y CRUZ and Affidavit
of Witnesses, MEAN AGUILAR y EVANGELISTA and JOHNMAR
GONZALES y ESTA, who are under investigation by this Honorable
Office in connection with the death of DIAL DELA CRUZ y SENO
after being shot on May 10, 2025.
3. That the truth of the matter is as follows:
a. That on May 10, 2025, the date of the alleged shooting incident, I
was at my residence in Margosatubig, Zamboanga del Sur, and
was neither in Pagadian City nor anywhere near the location
where the incident reportedly occurred;
b. That I had no participation in, knowledge of, or connection to the
incident which led to the death of Dial Delos Reyes y Seno, nor
was I present at any supposed drinking session involving the
victim on the said date;
c. That I do not own, possess, or have access to any firearm, nor
have I ever undergone firearms training or engaged in any violent
act. I likewise do not possess a license to carry any firearm, and I
categorically deny any allegation insinuating that I used such a
weapon in this incident;
d. That I bear no jealousy, ill feeling, or grudge against the victim,
and I am not aware of any alleged romantic involvement between
my wife and the said victim. I likewise deny ever confronting the
victim regarding such matters;
e. That the so-called “state witness” who implicated me in this
incident is not telling the truth and appears to be using me as a
scapegoat to conceal his own involvement or to protect himself,
being the person actually present during the altercation;
f. That I was not wearing any criminology department shirt on the
day in question, nor have I ever been mistaken for such an
individual. The identification made by the supposed witnesses is
vague, uncorroborated, and the description given does not
conclusively pertain to me;
g. That no forensic or physical evidence, such as fingerprints,
firearm, gunpowder residue, or CCTV footage, has been
presented linking me to the crime, and there exists no motive on
my part to commit such an offense;
h. That my family members and several neighbors are willing and
ready to execute sworn affidavits confirming my presence in
Margosatubig at the time the incident allegedly transpired.
i. That the filing of this criminal complaint against me is grounded on
unreliable, uncorroborated, and circumstantial testimony, without
solid evidence to support a charge of murder. It appears to have
been filed hastily, without proper verification of facts and identities.
j. That I am executing this affidavit to affirm the truthfulness of the
foregoing statements and to formally deny and refute the
unfounded and baseless accusations made against me.
k. That I categorically deny having shot and killed Dial Dela Cruz y
Seno or having any involvement whatsoever in his death.
Relevant Law and Case Law
1. The Rules of Court of the Philippines, Rule 133, Sec. 2 provides:
"Proof beyond reasonable doubt in a criminal case, the accused is
entitled to acquittal unless his guilt is shown beyond reasonable
doubt. Proof beyond reasonable doubt. Proof beyond reasonable
doubt does not mean such a degree of proof as, excluding the
possibility of error, produces absolute certainty. Moral certainty only is
required, or that degree of proof which produces conviction in an
unprejudiced mind."
2. The Supreme Court, in the case of People v. Maraorao, June 20,2012
has held that:
In every criminal prosecution, the state must prove beyond
reasonable doubt, all the elements of the crime charged and the
complicity or participation of the accused conviction must rest on the
strength of the prosecution's evidence and not on the weakness of
the defense."
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that the
instant criminal complaint be DISMISSED for lack of merit.
Further, the respondents respectfully pray for such and other reliefs
as may be deemed just and equitable in the premises.
IN WITNESS WHEREOF, I have hereunto set my hand this ___ day
of June, 2025 at Pagadian City, Philippines.
AMER CASES
UNGGANG ATTY. MARRYJOY A. ISIDRO-GAYON Affiant
Assistant City Prosecutor
Roll No. 22441-2025
IBP No. 904627-2/3/25
PTR No. 532654 2/13/25;
Pagadian City MCLE Compliance III No.
0134501Issued on June 4, 2025
SUBSCRIBED AND SWORN to before me this ____ day of June, 2025 at
Pagadian City, Philippines and I FURTHER CERTIFY that I have personally
examined the affiant and I am satisfied that he has read and personally
understood the contents of his foregoing “Counter-Affidavit”.
CERTIFICATION
This is to certify that I have personally examined the affiant and that I
am satisfied that he voluntarily executed and understand his statement
herein.
ATTY. MARRYJOY A. ISIDRO-GAYON
Assistance City Prosecutor
Roll No. 22441-2025
IBP No. 904627-2/3/25
PTR No. 532654 2/13/25;
Pagadian City MCLE Compliance III No.
0134501Issued on June 4, 2025
