Republic of the Philippines

DEPARTMENT OF JUSTICE
Prosecution Office
Cebu City

PEOPLE OF THE PHILIPPINES,

Complainant,

H.C. Case No. 123456

For: HOMICIDE

versus

JOHNNY BRAVO,
Respondent.
X- - - - - - - - - - - - - - - - - /

Republic of the Philippines)

City

of

Cebu)

COUNTER-AFFIDAVIT

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.

ATTY. ANTONIE EDUARD P. BENDANILLO

Notary Public
PTR No. 54672390:1-05-14
IBP No. 689075:1-05-14
Rule No. 56783:4-10-11
MCLE No. 3241:3-20-14

Doc. No. 43;

Page No. 30;
Book No. 03;
Series of 2015;