Mhelody B.

Cruz
Law-4

Practicum I

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE PROVINCIAL PROSECUTOR
LINGAYEN, PANGASINAN
Adela Santos,
Complainant,
NPSNo.1-01c-INV-13-J00275
-versus-

For: MURDER

Bueno Fernandez,
Respondent.
x--------------------------------------x

COUNTER-AFFIDAVIT
I, Bueno Fernandez, of legal age, Filipino, married, and
resident of Brgy. Sto.Nino West, Lingayen, Pangasinan, after
having been duly sworn to in accordance with law, do hereby
depose and state to wit:
1. I am the Respondent in the above-entitled criminal
complaint;
2. I have read the allegations of the complaint and the sworn
statements of the witnesses and found them to be
malicious, baseless and concocted. I vehemently deny the
allegations against me and categorically say that I had no
participation whatsoever in the shooting incident that lead
to the death of the Carmen Santos on December 15, 2015;
3. In truth and in fact and to set the record straight, the
following are the true accounts of the incident of the
above case, to wit:
a. At 8 oclock in the morning of November 13, 2015, by
virtue of the fianc visa issued to me by the US
Immigration Office, I checked in my baggage
underwent routine airport, immigration procedures
and boarded the PAL A3300 Airbus flight bound to
Los Angeles, California. Copy of my boarding pass,
embarkation card and passport duly stamped with
my date of departure hereto attached as Annex A,
Annex B and Annex C respectively;

Mhelody B. Cruz
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Practicum I

b. It was around 12noon of November 13, 2016 when I

arrived at LAX Airport where I went through routine
airport and immigration procedures. Copy of my dulystamped passport
by USA Immigration Office at LAX Airport hereto
attached as Annex D;
c. Upon reaching the lobby, I was met by my fianc
Beyonce Spears. Then we went straight to her
apartment at Long Beach California only to find out
that she had prepared a surprise welcome party and
had invited our common friends and some of my
relatives in California;
d. As part of fianc visa/non-immigrant visa issued to
me, I immediately applied for a drivers license and
was allowed to work. I landed a job at WalMart on
November 21, 2015 as a bagger in the grocery
section every morning to at least help Beyonce with
our expenses. Attached hereto are copies of my
drivers license, certificate of employment and salary
payslips for December 2015, January 2016 and
February 2016 as Annex E, Annex F, Annex G1, Annex G-2, Annex G-3;
e. Eventually, we got married on December 5, 2015 at
the Long Beach Parish Church and was officiated by
Fr. Jack Stone. It was attended by our closest friends,
relatives and colleagues at work. The reception
followed at Long Beach Caf. Attached hereto are
copies of our Marriage License, Marriage Certificate
and official receipt of the wedding venue as Annex
H, Annex I, Annex J respectively;
f. After our wedding, we accomplished the pertinent
documents needed for my application of immigrant
visa. Pending the result of my application, we
planned to have our honeymoon in the Philippines.
Given so, me and my wife took American Airlines
AL214 flight to the Philippines on 1 oclock in the
afternoon of December 18, 2015 and went through
routine immigration and airport procedures. Attached
hereto are copies of my passport duly stamped by
USA immigration and boarding pass plane ticket as
Annex K and Annex L;

Mhelody B. Cruz
Law-4

Practicum I

g. We arrived at Manila International Airport around 7

oclock in the evening of December 18, 2015. We
went through routine airport and immigration
procedures. We were welcomed by my parents and
siblings and all of us travelled to my hometown
Lingayen, Pangasinan. Attached hereto are copies of
my passport duly stamped by Philippine immigration
and boarding pass plane ticket as Annex M and
Annex N;
h. The morning of December 20, 2015 I was informed
by my neighbour Ciriaco Potenciano of the incident at
Pangasinan National High School five days ago
wherein Mrs. Carmen Santos was shot to death and
on the same afternoon, I have received subpoena
with attached Complaint;
4. The above-entitled cases is filed to harass me on the
ground that said complaint has no legal basis and meant
only to pin blame on anyone. The said incident occurred
while I am still in Long Beach California, USA. It is
impossible for me to be in two places at the same time,
considering the distance of my actual location at the time
of the shooting incident;
5. Based from the following narrations, Complainant has no
basis in filing a complaint against me considering that the
accusations are baseless, malicious, concocted and
knowingly, wilfully and feloniously stating false and
perjurious accusations against me. The Complaint should
therefore be dismissed for lack of probable cause;
6. I am executing this affidavit to attest to the truth of the
foregoing facts for all legal purposes and intents.
IN WITNESS THEREOF, I have hereunto set my hand this 30 th
day of December, 2015, Lingayen, Pangasinan.
_______________________________________________
Bueno Fernandez

SUBSCRIBED AND SWORN to before me this 30th day of

December, 2016 at Lingayen, Pangasinan and I further certify that

Mhelody B. Cruz
Law-4

Practicum I

I have personally examined the affiant and that he executed the

foregoing statements of his own free will, voluntary act and deed
and had understood all the contents hereof.
_______________________
PROS C. CUTOR
Provincial Prosecutor