REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE PROVINCIAL PROSECUTOR
LINGAYEN, PANGASINAN
Adela Santos,
Complainant,
NPSNo.1-01c-INV-13-J00275
-versus-

For: MURDER

Bueno Fernandez,
Respondent.
x--------------------------------------x

COUNTER-AFFIDAVIT
I, Bueno Fernandez, of legal age, Filipino, married, and
resident of Brgy. Sto.Nino West, Lingayen, Pangasinan, after
having been duly sworn to in accordance with law, do hereby
depose and state to wit:
1. I am the Respondent in the above-entitled criminal
complaint;
2. I have read the allegations of the complaint and the sworn
statements of the witnesses and found them to be
malicious, baseless and concocted. I vehemently deny the
allegations against me and categorically say that I had no
participation whatsoever in the shooting incident that lead
to the death of the Carmen Santos on December 15, 2015;
3. In truth and in fact and to set the record straight, the
following are the true accounts of the incident of the
above case, to wit:
a. It was dismissal time around 5:00 oclock in the
afternoon. I was doing my rounds within the school
grounds as part of my duty as a security guard.
Copies of the printed Biometrics record and
certification from my security agency hereto
attached as Annex A and Annex B;
b. As I was about to reach the Rizal Building where I
was stationed, I saw a man in blue denim jacket, grey
baseball cap and black sling bag approaching. Upon

reaching my station, he shook his head and went on

walking. Right there and then I radioed and alerted
my colleague who was doing his rounds in the other
section of the Pangasinan National High School;
c. I immediately followed the suspicious man and was
calling his attention, but he just went on walking and
ignored me and eventually blended in with the flock
of students in the school grounds;
d. Upon reaching the school gym, I heard 4 gunshots
that came from Perfecto Building. I ran fast towards
the building where the gunshot was heard to respond
and secure the safety of the students and teachers
who were running away from Perfecto Building ;
e.

The gun shot came from Room 101 of Perfecto

Building. I ducked below the jalousie window and
peeped through lower part and saw the same man I
was following. He was standing in front Mrs. Carmen
Santos who was then bleeding on the floor;

f.

The man saw me peeping and right there and then

pointed his gun at my face and instructed me to get
inside of the room and kneel beside Mrs. Carmen
Santos. The man told me that he will shoot me too;

g. He pulled the trigger, but, his gun jammed. With that,

he hit my back with his gun causing me to fall flat on
the floor grimacing in pain. As he was fast-pacing
toward the door, he threw a black sling bag near me,
then he scrammed outside of the room. All I heard
afterwards were people shouting Usilan yo may
akamotor!;
h. I slowly stood up to get some help and herein
Complainant marched inside the room and was
shouting for help too;
i. To our aid came the Emergency Response Team of
Pangasinan who hurriedly took Mrs. Carmen Santos
to the Sto.Nino Hospital nearby and Lingayen PNP led
by SPO1 Rakael Cancino who secured the perimeter
and conducted their investigation;
j. I went with SPO1 Cancino and his team back to the
PNP Station and was asked several questions
regarding the incident and underwent paraffin test,
finger print analysis. I was allowed to go home by
10:00 oclock in the evening;

k. The morning of December 16, 2015, I was informed

by SPO1 Cancino personally at my residence that
Mrs. Carmen Santos died that same night due to
excessive blood loss brought about her gunshot
wounds;
l. Half past 3 in the afternoon of December 19, 2015, I
have received subpoena and a copy of the Complaint
against me as the gunman of Mrs. Carmen Santos;
m. There was no allegation that the Complainant
personally saw me shot Carmen Santos, nor was
there any eye witness to attest such. Complainant
only arrived after the true culprit had left the scene;
n. The allegations of the Complainant and witness Pedro
Penduko are baseless and obviously pins the blame
upon anyone. It is against common human
experience that they would point me as the assailant
two days after the incident, considering that the said
incident occurred in the afternoon where there are
spectators outside the gate of the school where the
real culprit ran off with another person on board a
motorcycle;
o. I am only being implicated in the present case
because of my presence at the crime scene, the
alleged sling bag beside me and an alleged debt of
Mrs. Carmen Santos to me;
p. I have known Mrs. Carmen Santos as the class
adviser of the First Year high school students and our
interactions range only from polite greetings when
school starts and school ends. With my meager
salary as a security guard, it is ample to address my
familys basic needs. More so, I have no financial
capacity to lend money to anyone;
q. My presence in the crime scene is part of my duty as
a security guard to secure the safety of the students,
teachers and the whole school. And not what herein
complainant is alleging;
r. I have no knowledge of the contents of the bag to
which the Complainant claims to be collected debt
money, nor have I any fingerprints on the said bag.

Result of finger print comparison hereto attached as

Annex C;
s. Confident that I have nothing to do with the shooting
of Mrs. Carmen Santos, I surrendered my service
firearm which is a Calibre 38 gun to the PNP Lingayen
for further investigation immediately after the
incident. I also underwent paraffin test showing
negative trace of nitrates, indicative that I did not fire
any shot. Copy of Result of Paraffin Test Hereto
Attached as Annex D.
t. Further, from the ballistic test conducted, it was
revealed that there were four (4) bullet slugs
recovered from the crime scene belonging to a
Calibre 45 gun and did not match my service firearm.
Result of Ballistic test hereto attached as Annex E;
4. Based from the following narrations, Complainant has no
basis in filing a complaint against me considering that the
accusations are baseless, malicious, concocted and
knowingly, wilfully and feloniously stating false and
perjurious accusations against me. The Complaint should
therefore be dismissed for lack of probable cause;
5. The above-entitled cases is filed to harass me on the
ground that said complaint has no legal basis and meant
only to pin blame on anyone;

6. I am executing this affidavit to attest to the truth of the

foregoing facts for all legal purposes and intents.
IN WITNESS THEREOF, I have hereunto set my hand this 5 th
day of January, 2016 at Lingayen, Pangasinan.
______________
Bueno Fernandez

SUBSCRIBED AND SWORN to before me this 5th day of

January, 2016 at Lingayen, Pangasinan and I further certify that I
have personally examined the affiant and that he executed the
foregoing statements of his own free will, voluntary act and deed
and had understood all the contents hereof.
_______________________
PROS C. CUTOR
Provincial Prosecutor