Clemente Angel B.

Sarte
1 M
Criminal Complaint



Republic of the Philippines
OFFICE OF THE CITY PROCECUTOR
Manila City



JOHNNIE DOE,
Complainant,
I.S. No. XVII-14-INV-IIC-00303
- versus - For: Perjury


LOUIS DOE,
Respondent.
X - - - - - - - - - - - - - - - - - - - x


COUNTER-AFFIDAVIT

I, LOUIS DOE, of legal age, Filipino, Married, and with office address
at No. 77 Dapitan Street, Sampaloc, Manila, after having been sworn in
accordance with law, and in answer to the complaint of JOHNNIE DOE, in
the above entitled case, hereby depose and say:

1. That I am the respondent in the above-entitled case;

2. That I am being accused of the crime of MURDER for stabbing
one JOHN DOE;

3. That I admit of having stabbed JOHN DOE but only on the right
thigh which does not constitute a mortal wound as evidenced by
the death certificate of deceased hereto attached as ANNEX A;

4. That I having done so in order for JOHN DOE to be unable to play
the game 7 of the basketball championship game the following day
where his nonappearance will definitely lead to the loss of the
Miami Heat;

5. That I have bet my life savings and house and lot in a game of
chance to their opponent, San Antonio Spurs as provided by the
ticket hereto as ANNEX B;

6. That the cause of death of JOHN DOE was due to nosocomial
pneumonia or hospital-acquired pneumonia because of the clinical
negligence of the hospital;

7. That nosocomial pneumonia refers to any pneumonia contracted
by a patient during his stay at a hospital;

8. That upon stabbing the deceased I quickly ran away but
surrendered myself to the authorities 48 hours later;

9. That the deceased was healthy at the time of the stabbing and has
no other compelling reason for him to catch pneumonia;

I. Mitigating Circumstances

10. That I having stabbed JOHN DOE without deliberate intent to kill
him but only to disable him from playing basketball the following
day. Having done so, I request the Honorable court to the
mitigating circumstance of lack of intent to commit so grave a
wrong;

11. That 48 hours after the stabbing, I surrendered myself with my
own volition having been feeling guilty and remorseful for the
incident, I also request for the Honorable court for the mitigating
circumstance of voluntary surrender;

II. Lack of evidence showing intent of killing

12. That my intent is evidenced by location of the stab wound which is
in his right thigh;

13. That if there was really intent to kill the deceased I would have
stabbed him in a location that would ensure his death;

14. That the wound inflicted is not a mortal one hence the death of
the deceased would not have necessarily lead to his death;

15. That I am liable only for the crime of Serious Physical Injuries;

16. In criminal actions, it is fundamental that the criminal act be
proven beyond reasonable doubt;

17. That the same was not proven beyond reasonable doubt;

18. I execute this counter-affidavit to attest to the truth of the
foregoing and in support of the prayer for the DISMISSAL of the
complaint for lack of evidence.

IN WITNESS WHEREFOR, I have hereunto affixed my signature this
23
th
day of September 2014 in Quezon City.


____________________
LOUIS DOE
Affiant



SUBSCRIBED AND SWORN to before me this 24
th
day of
September 2014 with Affiant personally appearing before me and after
examining him have so declared and stated under oath that the foregoing
statements and allegations are true and correct of his own personal
knowledge.


_______________________
ASST. CITY PROSECUTOR