REPUBLIC OF THE PHILIPPINES )

BAGUIO CITY ) S.S.

COUNTER—AFFIDAVIT

We, BRUNO HERCULES SAMSON and JUNJUN MONAY, both of

legal age, single, Filipino citizen and with residence and postal address at
No. 146 Amistad Road, Brgy. Camp 7, Baguio City, Philippines, after being
duly sworn in accordance with law, hereby depose and state that:

1. I am the respondent in a criminal case for Slight Physical Injuries

docketed as NPS 1231233 lodged on the strength of the Affidavit
dated October 14, 2019 executed by JOHN RAY SARON hereinafter
referred to as the complainant. The aforesaid criminal case is now
the subject of preliminary investigation before the Office of the City
Prosecutor of Baguio City;

In his Affidavit, complainant claims that on 2 July 2019 around 2

o'clock in the morning, while he was residing in his house, that we
threw dog manure at his gate.

2. The truth of the matter are as follows:

a. That around 2 o’clock in the morning of July 2, 2019, I,

BRUNO HERCULES SAMSON was walking my dog along
Amistad Road Brgy. Camp 7, Baguio City.
b. JOHN RAY SARON approached us in an angry manner,
shouting and cursing at me, and insists that I threw dog
manure at his gate.
c. I became irritated by complainant JOHN RAY SARON’s
cursing which prompted me to say “Tanga ka ba? Sino naman
 ang bobong mag-iisip na humagis ng tae?” whilst
complainant JOHN RAY SARON still insists that we threw
the manure by saying “Tang ina niyong mga dugyot kayo!
Kayo lang naman ang mga tao diyan sa daan sa oras na
ganito!”
d. Complainant JOHN RAY SARON threatened me by eating
my dog. I became afraid of complainant JOHN RAY SARON
because of the way he acted and because he is bigger than me.
My cousin JUNJUN MONAY came to my aid shortly after.
e. After seeing respondent JUNJUN MONAY, complainant
JOHN RAY SARON rushed back to his gate. We approached
him and asked him to apologize. Instead of apologizing,
complainant JOHN RAY SARON threatened us that he will
call his father who is a Police Officer of Baguio City.
f. We pushed the gate which caused complainant JOHN RAY
SARON to fall down. Afterwards, my cousin JUNJUN
MONAY tried to help complainant JOHN RAY SARON,
stand up but instead complainant punched him in the
stomach. As a self-defense, my cousin punched him in the
face which resulted in a brawl. The scuffle only stopped when
a passing neighbor, ERLINDA ALONA, shouted for help.
g. We ran out of the gate after complainant JOHN RAY SARON
threatened to sue us for physical injuries. After the incident,
we returned to our home and treated my cousin JUNJUN
MONAY’s wounds. The following day, he went to Baguio
General Hospital for a medical check-up.

3. Upon a cursory reading of the material asseverations of the

complainant, it is glaringly evident that We were acting in the
defense of our person as provided under Article 11 (1) of the
Revised Penal Code.
 4. It would certainly be at the height of injustice if I would be
implicated in a criminal offense which I did not, in fact, commit.
Accordingly, it is but proper and just that the instant criminal case
be dismissed for utter lack of merit; and

5. I am executing this Counter-Affidavit to attest to the truthfulness

and veracity of the foregoing statements, to justify the actions I
undertook during the above-mentioned incident and for all legal
intents and purposes it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of

November 2019 at Baguio City, Philippines.

BRUNO HERCULES D. SAMSON

SSS ID no. 01-42069-6
Affiant

JUNJUN D. MONAY
SSS ID no. 01-69420-9
Affiant

SUBSCRIBED AND SWORN to before me this 8th day of November

2019 at Baguio City.

ATTY. BENITO W. MUSSOLLINI

Administering Officer