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.S. NO. _________ FOR: Rape
PEDRO C. CARGO Respondent x-----------------------------------------------------------------------------------------x COUNTER-AFFIDAVIT I, Pedro C. Cargo, of legal age, Filipino citizen and a resident of SanMiguel, Dumanlas, Davao City, after having been sworn to in accordance with lawhereby depose and state that: 1.I am the accused in Criminal Case No. ______ for the crime of RAPE underArticle 266-A of the Revised Penal Code; 2. I am employed as a packer at the Asparagus Packing Plant of the Marsman Drysdale Agriventures Corporation at Polomolok, South Cotabato since November 3,2009; 3.I admit the allegations in Paragraph 2 of the Complainant’s Affidavit-Complaint; 4.I deny the allegations in Paragraph 4 for lack of knowledge as to the truth of the said allegations, the truth being that: a.On the morning of March 3, 2010, I was at the place of my work in Polomolok, South Cotabato where I earn P180. daily; b.That at about eight (8) o’clock in the evening of March 3, 2010, I received a call from my brother informing me that the co mplainant has filed charges against me for the crime of rape under Art. 266-A of the Revised Penal Code; c.That I am the eldest in the brood of five and is the sole breadwinner ofthe family after both of my parents died in a vehicular accident in April 2009; d.That in order to save on expenses and increase the amount I send to my siblings for their schooling, I seldom go home at our residence in San Miguel, Dumanlas, Davao City but instead stay at the company-provided residence quarters during the duration of my duty ; e.That the last time I went home was on December 24, 2009 in time for theChristmas break to spend time with my family and that I immediately went back to Polomolok the next day in order to avail of the premium pay for overtime work; f.That I know the complainant as residing in the same barangay where our residence is located but have not maintained any close relationship with her or her family; g.That it is physically impossible for me to commit the crime charged because I had been in Polomolok, South Cotabato since December 25, 2009 as I am after the renewal of my employment contract should I satisfactorily complete the work demands of the five-month probationary period since the start of my employmenton November 3, 2009;h.That I have never been to the complainant’s house moreso at seven (7) o’clockthe morning of March 3, 2010; 5. The allegations stated in the Affidavit-Complaint are mere malicious fabrications by the complainant which may have been spurred by the bitter enmity harbored by members of her family arising from a property dispute that involved both our families, which case had already been decided in finality by the Supreme Courtto our favor, and as a result of which the members of the complainant’s family havere peatedly hurled verbal threats against me and my siblings that they would get back at us in whatever way possible. 6.I am executing this Counter-Affidavit for the purpose of attesting to the truth of the foregoing statements, to inform the proper authorities of the above facts, to support my prayer for the dropping or dismissal of the instant caseagainst me and for whatever purpose this may serve best. IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of March, 2010 at Davao City, Philippines.PEDRO C. CARGOAffiantSUBSCRIBED AND SWORN TO before me this 8th day of March, 2010 in Davao City, Philippines. ROXAN G. APOSTOL Prosecutor I CERTIFICATION This is to certify that I have personally examined the herein affiant and that I am satisfied that he voluntarily executed and understood his statements in this Counter Affidavit. ROXAN G. APOSTOL Prosecutor I
the victim.. Plaintiff. SABIDO Counsel for the Defense Roll No. Iloilo City Received by:___________Date: ___________ . Jaro. No.Whether or not they were guilty thereof. 2. Accused Gabriel Salas to testify on the matters and circumstancesattending the killing of the victim. which was May 5. before this Honorable Court. Affidavit of accused. Accused Alfredo Golez and Greg Fajardo to testify on their non-participation on the killing. AND GREG FAJARDO. SHYR PHOEBE F. 4.Whether or not the accused committed the crime charged. No. the identities of those charged in the information and that of thepersons arraigned are one and the same. with the regular appearance of theundersigned counsels before this Honorable Court. EVIDENCE FOR MARKINGS 1. . Iloilo City.Republic of the Philippines Sixth Judicial Region REGIONAL TRIAL COURT Branch___Iloilo City PEOPLE OF THE PHILIPPINES. 4. ALFREDO GOLEZ. through the undersigned counsel. 2008 GALLEGO-SABIDO LAW OFFICES Arguelles St. ISSUES 1. Iloilo City. 789084 / 12-29-07 MCLE Compliance No. Greg Fajardo and Alfredo Golez Purpose: to prove that they were at the place where the crime was committed but have no participation thereof. Philippines.most respectfully submit this Pre-Trial Brief: SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION OF FACTS The accused admit the following: 1. RESPECTFULLY SUBMITTED._______ FOR: MURDER And EVANGELINE S. Cielo F. 2. Iloilo. M. Blotter Report of Molo Police Station (ICP-PP4) Purpose: to prove that the accused Gabriel Salas voluntarily surrendered to thePolice authorities. 68999 / 5-2-07 IBP. 789085 / 12-29-07 MCLE Compliance No. WITNESSES 1. REGUETA Assistant City Prosecutor Ramon Q. 890590 / 12-20-0 7PTR No. 345667 / 01-05-08 CRIMINAL CASE NO. 345668 / 01-05-08Copy furnished: PROS. Cielo F. to testify on the veracity of the findingsstated in the medical report of Gabriel Salas. Avanceña Hall of Justice Bonifacio Drive. M. GALLEGO Counsel for the Defense Roll No. 3. Gabriel Salas Purpose: to prove that he admits the killing of the victim but the same was donein self-defense. 2. the date.versus GABRIEL SALAS.D. 3. 4. 2. Iloilo CityBy: RHONALYN C. T RIAL DATES Specifically all Fridays of the month. June 2. Witness Jason Pilas-Pilas to testify on the exchange of words and blowsbetween the accused Gabriel Salas and the deceased which resulted to thedeath of the victim. the identity of Sulpicio Treyes. Affidavits of accused. 69009 / 5-2-07 IBP.D. 2008 at about1:30 in the morning and at Corner Valeria-De Leon Sts. the killing of the victim. Accused.. Eltonn. Dra. Medical Report issued by Dra. x-----------------------------------------------x PRE-TRIAL BRIEF OF THE ACCUSED ACCUSED. to Gabriel Salas Purpose: to prove that the accused sustained several wounds as a result of the aggression by the victim. Eltonn. 890591 / 12-20-07 PTR no. place and time of the killing. 3.
Whether or not the accused committed the crime charged. located at Tabuk Suba. 6. 5. Iloilo City.2. 3. July 4. 3. 3. Chemist Dionisia Paqui to testify that she conducted a paraffin test to the accused and to attest to the veracity of her findings in the said report. 3. 5. with the regular appearance of theundersigned city prosecutors before this Honorable Court. most respectfully submit this Pre-Trial Brief: SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION OF FACTS The following are the admitted facts: 1. WITNESSES 1. the killing of the victim. the date and places of the commission of the crime. EVIDENCE FOR MARKINGS 1._______ FOR:ROBBERY WITH HOMICIDE. TITO CRUZ AND VIC CRUZ. Ballistics Test result Purpose: To prove that the slug recovered from the victim’s body came from the same gun which was recovered from the possession of Tito Cruz. Affidavit of Romeo V. 2. 2008. before this Honorable Court. Autopsy Report of Joey Cruz issued by Iloilo Mission Hospital Purpose: to prove the extent of the injury and the cause of death of the victim. Jaro. Paris Michaels to testify that she was one of the customers of Iloilo Supemart at the time the robbery took place. Philippines. Affidavit of customer Paris Michaels Purpose: to corroborate the testimonies of Geraldine Demetri and Bea Robles. Three live ammunitions 11. 4. extent and location of wound. Iloilo. Benamarca to testify that he was the police officer who went to the scene of the crime and arrested the accused. Benamarca Purpose: To prove that he personally heard a gunshot from abandoned rice mill and actually saw the accused holding a gun and the dead body of the deceased which subsequently followed the arrest of the accused 6. x-----------------------------------------------x CRIMINAL CASE NO. Geraldine Demetri to testify that a robbery took place. the victim. Affidavit of the cashier Geraldine Demetri Purpose: to prove that she was on-duty when the robbery took place and that one of the accused pointed a gun at her.Whether or not they were guilty thereof. Avanceña Hall of Justice Bonifacio Drive. . Dra. 8. Accused. ILOILO CITY PROSECUTOR’S OFFICE Ramon Q. Plaintiff. Paraffin test result Purpose: To prove that accused became positive of gun powder burns 7. T RIAL DATES Specifically all Fridays of the month. Bea Robles to testify that she was one of the customers of the Iloilo Supermart at the time the robbery took place.Republic of the Philippines Sixth Judicial Region REGIONAL TRIAL COURT Branch___Iloilo City PEOPLE OF THE PHILIPPINES.versus - PRE-TRIAL BRIEF OF THE PROSECUTION THE PEOPLE OF THE PHILIPPINES. Blotter Report of Jaro Police Station (ICP-PP3) Purpose: to prove that the police authority received a report that a robbery took place at Iloilo Supermart. Affidavit of customer Bea Robles Purpose: to prove that she was one of the customers at the time the robbery took place and that she saw and identified the accused by their faces. the identities of those charged in the information and that of the persons arraigned are one and the same. 2.45 caliber pistol ISSUES 1. Iloilo City.Iloilo City . 2. who eventually declared hold-up whilethe other emptied the cash registers and took some grocery stuffs. 7. Romeo V. Police Senior Inspector Anthony Villar to testify that he conducted theballistics examination and to attest to the veracity of his findings in the said report. 4. 4. Fired Shell 10. the identity of Joey Cruz. Isabel Cenon to testify that she conducted the post mortem examination of Joey Cruz and to attest to the veracity of her findings in the autopsy report. 9. RESPECTFULLY SUBMITTED. through the undersigned City Prosecutor. Anatomical Sketch Purpose: To prove which part of the victim’s body was shot and the natur .
Central Philippine University Lopez Jaena St.By: JOHN FRED C. HALLARES Assistant City ProsecutorRoll No. No. KENETH P. 667899 / 12-29-07 MCLE Exempt PTR Exempt And JASIE ANN MAGHOPOY Assistant City Prosecutor Roll No. Iloilo City Received by:___________Date: ___________ . New Valentine Bldg. Jaro.. 67890 / 5-2-07 IBP. TUPAS Counsel for the Defense Room 200. 667900 / 12-29-07 MCLE Exempt PTR Exempt Copy furnished: ATTY. 67891 / 5-2-07IBP No.
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