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Sample Counter Affidavit Homicide





Republic of the Philippines Department of Justice OFFICE OF THE CITY PROSECUTOR Quezon City 1 MICHELLE DE GUZMAN Complainant, -versus- Criminal Case: 01573 Homicide JOHN CRUZ, Respondent. x----------------------------------------------------------x COMPLAINT-AFFIDAVIT I, MICHELLE DE GUZMAN , of legal age, Filipino, and a resident of 166 Felina St. Sampaloc, Manila, under oath declare that: 1. I am the mother of the victim/ deceased MIKO DE GUZMAN. 2. Last June 30, 2012, on or about about about 5:00 P.M., while MIKO DE GUZMAN GUZMAN was walking on his way home along Felina St., suddenly, he was approached by defendant CRUZ and invited him to join him and his companions in their drinking session saying, “ pare, sumaglit ka muna. Sige na birthday ng isang katropa.” tropa.” At first, MIKO DE GUZMAN was hesitant to join the group as he was tired from work. Later on, CRUZ prevailed upon him. 3. MIKO DE GUZMAN heeded the invitation and together with CRUZ, they later on joined their two other neighbors CARLO VASQUEZ and CONRAD FERNANDO in the sari-sari store of Betina Laxa for the said drinking session. 4. Conversation ensued among the four. At 6:00 P.M. or after about one (1) hour from the start of the drinking session, JOHN CRUZ did then and there willfully, willfully, assaulted, attacked and stabbed MIKO DE GUZMAN with his pocket knife, directing blows against the vital parts of the body of the latter thereby inflicting upon him mortal wounds on his chest and abdomen. 5. CARLO VASQUEZ tried to prevent JOHN CRUZ from further inflicting wounds upon MIKO DE GUZMAN by pulling him away from the latter. However, respondent threatened him that he would also be stabbed if he tried to meddle with him saying, “wag kang makialam kung ayaw mong ikaw ang isunod ko.” His affidavit is attached herein as Annex “A.” 6. CONRAD FERNANDO called for help from the neighbors near the sari-sari store  but to no avail. The neighbors did not want to be implicated and so they the y chose not to render assistance to the victim MIKO DE DE GUZMAN. His affidavit is attached herein as “Annex B”. 7. JOHN CRUZ immediately fled after stabbing MIKO DE GUZMAN. 8. MIKO DE GUZMAN was later on brought by his relatives to Sampaloc Hospital. Due however to the mortal wounds inflicted and the quantity of blood he lost, he died at an instant. A copy of the Medico-legal Report of Dr. Joseph M. Guinto, M.D. and the affidavits of the relatives who brought the deceased to the hospital are herein attached as Annex “D” and “C”, respectively. 9. I am executing this affidavit to attest to the truth of the foregoing facts and for the  purpose of charging defendant with the crime of homicide punishable under Article 249, Revised Penal Code. City of Manila Philippines. July 1, 2012 (Sgd.) MICHELLE DE GUZMAN COMPLAINANT st SUBSCRIBED AND SWORN to before me, the u ndersigned prosecutor, this 1 day of July, 2012, in the City of Manila, Philippines. (Sgd.) ASSISTANT CITY PROSECUTOR  The undersigned Prosecutor certifies that he personally examined the affiant and satisfied that he voluntarily executed and understood his complaint-affidavit. (Sgd.) ASSISTANT CITY PROSECUTOR