Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Second Judicial Region
Branch 3
Tuguegarao City, Cagayan

PEOPLE OF THE PHILIPPINES CRIMINAL CASE NO. 31441

-versus- -for-

FELICISIMO BATANG SLIGHT PHYSICAL INJURIES

x------------------------------------------x

COUNTER-AFFIDAVIT

I, FELICISIMO BATANG, of legal age, married and a resident of 38 Pallua Sur,

Tuguegarao City, Cagayan under oath hereby depose and state:

1. I am the accused in the above-captioned complaint filed by one

ALBERTO M. TAMARAY of 41 Provincial Road, Pallua Sur, Tuguegarao
City, Cagayan.

2. The afore-mentioned complainant accuses me for allegedly committing

the crime of Slight Physical Injuries as defined and penalized under
Article 266 of the Revised Penal Code.

3. At the beginning, it is respectfully submitted that this complaint is

baseless and malicious. It has no basis in fact and in law and the same
should be dismissed outright.

4. I strongly deny having committed such offense considering that the

allegations in the complaint were purely invented by the complainant as
it is not sufficiently corroborated by witnesses and the documentary
evidence presented were not properly substantiated.

5. The truth of the matter is the incident when we had heated argument
took place on the early morning of April 15, 2019 and not on April 16,
2019.

6. It was the Complainant who triggered the exchanged of bad words

between us when he tried to illegally parked his tricycle in front of our
house. As it was not properly parked and may cause damage to his
tricycle, he pulled-off and destroyed our perimeter fence made of
bamboo trunks.

7. Paragraph 04 of the Sworn Statement is hereby refuted as the

complainant did not properly identify the object used in throwing against
him which allegedly resulted to slight physical injuries.

8. Assuming arguendo that I threw an object against him and he suffered

slight physical injuries, the complainant would have captured photos of
the object used and the injuries he sustained as there are material and
indispensable to prove his allegations. However, these were not

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 attached in his complaint as these are in fact non-existent and were only
his imaginations.

9. Paragraph 5 of the Sworn Statement is likewise denied considering that

it was him who uttered defamatory words against me. It was him who
should be charged of malicious as he destroyed our perimeter fence and
oral defamation. As proof hereof, a photo of the destroyed perimeter
fence is hereto attached and made integral part hereof as Annex “A”.

10. The truth of what transpired during that fateful day was that, it was him
who uttered words such as: GAGO KA MARIM PAKIALAMAN YAW
KASI MARI MA IKAW YO KURUG NGA MAKAKKAWA TYAW. The
matter was reported to the Police and a copy of the excerpts of the Police
Blotter is hereto attached and made integral part as Annex “B”.

11. There were witnesses who actually saw and heard what happened
during the incident. Attached and made integral part hereof are affidavits
of witnesses as Annex “C” and Annex “D”

12. I believe that this criminal complaint was initiated as a retaliation made
by the complainant as we had previous verbal altercations due to a land
dispute as their family is claiming the property which I acquired to my
parents as an inheritance.

COUNTER-CHARGE

13. In view of the destruction to our perimeter fence and to the defamatory
remarks he uttered against me, I am likewise instituting a criminal case
for MALICIOUS MISCHIEF and ORAL DEFAMATION defined and
penalized under the Revised Penal Code against herein complainant,
ALBERTO MABBORANG-TAMARAY of No. 41 Provincial Road,
Pallua Sur, Tuguegarao City, Cagayan.

14. I am executing this affidavit to attest to the truth of the foregoing

statements, in compliance to the order of this Honorable Court dated
September 30, 2019 and was duly received by me on October 02, 2019
and in order to ask the Honorable Court to dismiss the foregoing case
for utter lack of merit.

IN WITNESS HEREOF, I have hereunto affix my signature this 14th day of October 2019
at Tuguegarao City, Cagayan.

FELICISIMO BATANG
Affiant

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 VERIFICATION AND CERTIFICATION

I, FELICISIMO BATANG, of legal age, and a resident of 38 Pallua Sur,

Tuguegarao City, Cagayan di hereby state that:

1. I am the Affiant in this Counter-affidavit with Counter-Charge of MALICIOUS

MISCHIEF and ORAL DEFAMATION against herein complainant;

2. I have caused the preparation of the same and all the allegations therein are
true and authentic documents; and

3. I have not filed any complaint involving the same issues in any court or quasi-
judicial body and should we thereafter learn of any such complaint, we
undertake to inform this Honorable Court of the same within five (5) days from
knowledge.

IN WITNESS HEREOF, I have hereunto affix my signature this 14th day of October 2019
at Tuguegarao City, Cagayan.

FELICISIMO BATANG
Affiant

SUBSCRIBED AND SWORN to before me this 14th day of October 2019 in Tuguegarao
City, Cagayan. I HEREBY CERTIFY that I personally examined the herein affiant and I
am fully convinced that he voluntarily executed and understood the contents of his
Counter-Affidavit.

ATTY. ED ARMAND T. VENTOLERO

Doc No. Notary Public
Page No. Commission Expires on Dec. 31, 2019
Book No. VIII Commission No. RTC-TUG-2018-14
Series of 2019 PTR No. 2469779/01-05-2019
IBP No. 062442/01-04-2019
Roll No.68849
Tuguegarao City, Cagayan

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