Sample

COUNTER-AFFIDAVIT
I, A, of legal age, married, resident of Tagum City and
the respondent in a complaint for allegedly having committed
Parricide pursuant to Article 246 of the Revised Penal Code, after
having been duly sworn to in accordance with law hereby depose
and say that:
1. I am the spouse of X, the deceased.
2. On November 27, 2014, at around nine in the evening, I
arrived home after consuming a bottle of Tanduay junior
size.
3. I asked X to have my dinner ready but she told me that
she did not cook anything.
4. Right then and there, an altercation ensued which got me
frustrated and as a result I slapped her a couple of times
which rendered her unconscious.
5. For about half a minute she was not able to move forcing
me to examine her but to no avail.
6. I asked the help of my neighbor, Y, to revive her but he
told me that X is already dead.
7. I merely slapped X out of frustration but without any
intention of killing her.
8. The unfortunate incident is purely accidental in nature.
9. I cannot be held accountable for Parricide.

10.
For a Parricide to be committed there must be an
intent to kill. However, when I slapped my wife there was
no such intention to kill.
11.
As such, I am praying that I be entitled to the
mitigating circumstance provided in Par. 3, Art. 13 of the
Revised Penal Code which states that the offender had no
intention to commit so grave a wrong as that intended.
12.
Considering the foregoing reasons, the penalty that
should be imposed upon me must be lowered due to the
presence of such mitigating circumstance.
13.
I am executing this affidavit to attest to the truth of
the foregoing facts.
IN WITNESS WHEREOF, I have hereunto set my hand
this 9th day of December at Tagum City, Davao del Norte.
A
Affiant
Republic of the Philippines
Tagum City

)
) S.S

SUBSCRIBED AND SWORN to before me this 11th day

of December at Tagum City, Davao del Norte. I HEREBY CERTIFY
that I have examined the affiant and that I am satisfied that
he has read and understood the foregoing affidavit and that
the same was voluntarily executed by him.
Atty. Z