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Department of Justice
OFFICE OF THE PROVINCIAL PROSECUTOR
Province of Antique
FILBERT D. PAUNON,
Complainant,
-versus00093
WILFREDO P. UY,
Respondent.
x----------------------------------x
COUNTER-AFFIDAVIT
I, WILDREDO UY, Filipino, 63 years old, and a resident of T.A.
Fornier Street, Antique, after having been sworn in accordance with
law, hereby depose and state that:
PREFATORY STATEMENT
This time, Paunon has come up with the most incredible tale and
charged me with Frustrated Murder which I allegedly committed when I
grabbed him and head-locked him by forcefully gripping his neck. 1
Now, even assuming, without conceding, that his allegations in his
Complaint are true, they would still not support a finding of probable
cause for the crime of Frustrated Murder. Through the following
discussion, I will demonstrate that these allegations are mere
exaggerations and blatant lies concocted by Paunon to harass me and
to cover up his own criminal actions.
2.
3.
Uy,
had
leased
commercial
building
to
Medicus
4.
When that said date and time arrived, I went to the leased
premises and found the doors still closed and locked by chains. I
decided to wait a few hours more, but there was still no one who
approached us for the turnover of the property.
5.
Medicus to finally inquire about the turn over. I looked for Paunon since
he was the manager of that particular branch. Contrary to Paunons
claims, I was not seething with rage. Instead, I cordially spoke with the
personnel remaining in the building.
6.
to him over the phone, I screamed at him and uttered invectives and
scurrilous and defamatory words at him and Dr. Vicente E. Villareal, the
President of Medicus.3 Again, these are blatant lies.
7.
Paunon had already left. I requested a member of the staff to call him
so I can ask him about the turn over. I merely spoke to Paunon over the
phone and reminded him of the previously agreed upon time of the
turn-over of the leased premises. Since I had waited the whole day for
the turn-over, I was a little disappointed, but, contrary to Paunons
allegations, I did not angrily shout at him. Neither did I direct invectives
and scurrilous and defamatory words at him or Dr. Vicente Villareal.
3
8.
9.
arrived at our house, I told him that I would have boxed him if he had
been in the premises of Medicus. 4 Together with my wife, Melinda, and
our son, Phillip, I met Paunon in our home. We were all very cordial
with him. I chided him a bit for failing to turn over the property at the
agreed upon time, but I did not threaten to box him. I even jokingly put
my right arm around his shoulder and pulled him closer to me when I
spoke to him. My behavior was observed by both my wife, Melinda and
son, Phillip.5
4
5
11. I was already very lenient with Medicus when I did not insist
that they demolish a number of permanent structures they had built in
the leased property without our permission. But when I noticed that
eight (8) fluorescent bulbs, together with their respective outlet
receptacles and switches were missing, I insisted that all eight
fluorescent bulbs, together with their outlet receptacles and switches,
be re-installed before the official turnover. The bulbs, receptacles and
switches were all previously installed in the leased premises and were
all in place when the leased premises were turned over to Medicus at
the commencement of the term of the lease. Since these materials
were all previously attached to the leased premises, Medicus had no
right to remove them.
17. I insisted that the eight (8) bulbs and their outlet receptacles
and switches were part of the leased premises and should be
reinstalled. However, I did not forcefully grip his neck. I merely chided
him by putting my right arm over his shoulders and pulling him closer
to me, as I had done on the day he visited my house. My actions were
witnessed by our carpenter Paulino Magbanua, which he narrated in his
affidavit.8
7
8
23. In this case, there was no allegation that any of the above
circumstances was present. In fact, even assuming all the allegations
in the Complaint were true, there is nothing to show that any of the
above circumstances could even be remotely considered.
28. At the time of the alleged incident, there were four (4)
people inside the leased premises myself, Paulino Magbanua, Paunon
and his companion. If I had any intention of killing Paunon, I would not
do so in front of such witnesses. I also reiterate that I merely put my
hands over his shoulder. There was actually no intention to physically
harm Paunon, much more kill him. In addition, when Paunons
companion touched my arm and told me to calm down, I deliberately
and immediately relaxed my arm, at which point Paunon moved away
from me. This would not be consistent with the actions of a person who
had intent to kill.
13
Rivera vs. People of the Philippines, G.R. No. 166326 25 January 2006.
10
like
infection,
massage,
electrical
treatment,
acne
11
15
http://www.umm.edu/altmed/articles/erythema-000154.htm,
visited on 29 May 2011.
last
12
Rivera vs. People of the Philippines, G.R. No. 166326 25 January 2006.
Alcaraz vs. Gonzalez, G.R. No. 164715, September 20, 2006
13
14
such injury is from seven (7) to ten (10) days. This falls short of
the requirement to be liable for less serious physical injuries.
34.5.
15
CONCLUSION
21
16
Although
such
a
preliminary
investigation is not a trial and is not intended
to usurp the function of the trial court, it is not
a casual affair. The officer conducting the same
investigates or inquires into the facts
concerning the commission of the crime with
the end in view of determining whether or not
an information may be prepared against the
accused. Indeed, a preliminary investigation is
in effect a realistic judicial appraisal of the
merits of the case. Sufficient proof of the
guilt of the accused must be adduced so
that when the case is tried, the trial court
may not be bound as a matter of law to
order
an
acquittal.
A
preliminary
investigation has then been called a judicial
inquiry. It is a judicial proceeding. An act
becomes judicial when there is opportunity to
be heard and for the production and weighing
of evidence, and a decision is rendered
thereof. (Emphasis ours.)
17
ASSISTANT
PROVINCIAL
PROSECUTOR
CERTIFICATION
I hereby certify that I have personally examined the affiant and
am satisfied that he voluntarily executed and understood his affidavit.
18