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Republic of the Philippines)

Province of Catanduanes )
Municipality of Virac ) S.S.
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COUNTER AFFIDAVIT

I, CHARLIE A. AÑONUEVO, of legal age, single, and a resident of Caragumihan,


Baras, Catanduanes, having been duly sworn in accordance with law, hereby depose and
state:

1. That I am one of the respondents in the complaint for FRUSTRATED HOMICIDE filed
before and entered in the docket of the Provincial Prosecution Office, Virac,
Catanduanes, as NPS No. V-II-INV-13L-00402.

2. I categorically deny that I conspired with the other respondent, that I intended to take
the life of the private complainant and that I wilfully attacked, assaulted and choked his
neck.

3. There is no reasonable ground to believe that the crime of frustrated homicide has been
committed, that I am probably guilty thereof and that I should be held thereof for trial.

4. In frustrated homicide, the offender must have the intent to kill the victim. If there is no
intent to kill on the part of the offender, he is liable only for physical injuries. Usually, the
intent to kill is shown by the kind of weapon used by the offender and the parts of the
victim’s body at which the weapon was aimed, as shown by the wounds inflicted.

5. In this case, there is no allegation that any weapon has been used, and the location of
the wounds as well as the fact that the wounds of the private complainant are not fatal
unmistakably show no intent on my part to kill him.

6. The Medico-Legal Certificate of the private complainant shows that the wounds he
sustained was diagnosed as superficial and required treatment only for seven days.
Hence, that would not have caused his death even without the timely assistance of
other persons or even without immediate medical attention.

7. The intent to kill being an essential element of frustrated homicide, said element must
be proved by clear and convincing evidence and with the same degree of certainty as is
required of the other elements of the crime.

8. That I execute this affidavit to attest to the truth of the foregoing, SPECIFICALLY, FOR
THE DISMISSAL OF THE INSTANT COMPLAINT FOR LACK OF SUFFICIENT BASIS
TO SHOW THAT A PROBABLE CAUSE EXISTS THAT THE CRIME OF
FRUSTRATED HOMICIDE HAS BEEN COMMITTED AND THAT I AM PROBABLY
GUILTY THEREOF.

IN WITNESS WHEREOF, I have set my hand this 17th day of February, 2014 at Virac,
Catanduanes, Philippines.

CHARLIE A. AÑONUEVO
Respondent – Affiant
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SUBSCRIBED AND SWORN to before me this 17th day of February, 2014 at Virac,
Catanduanes. I hereby certify that I have examined the Affiant and that I am fully satisfied that
he has voluntarily executed and understood the contents of this Affidavit.

_____________________

Copy Furnished:

JESSIE B. CAMACHO
Caragumihan, Baras, Catanduanes

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