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Republic of the Philippines)


City of Zamboanga )s.s.
X---------------------------------X

COUNTERAFFIDAVIT

I, DEXTER PIOQUINTO y JALA, 24 years old, single, Filipino


citizen and a resident of Pioquinto Compound KM 6, Mampang,
Zamboanga City, Philippines, after having been duly sworn to in
accordance with law hereby depose and say that;

1. I am the Respondent in NPS Docket No. IX-06-INQ-16F-00474


for the crime FRUSTRATED MURDER pending before the
Office of the City Prosecutor of Zamboanga City, the Subpoena
of the Honorable Office dated 08 June 2016, which was
received the same day requiring me to submit my Counter-
Affidavit and affidavit of witnesses within (10) days from receipt
of the same. I filed through Counsel an Ex-Parte Motion for
Extension of time to file and submit my Counter Affidavit and
Affidavit of Witnesses praying for additional TEN (10) days
within which to file and submit the same or until 16 June 2016
and additional FIFTEEN (15) days of Waiver of Article 125 of
the Revised Penal Code or until 01 July 2016. Thus, in
compliance thereof, I hereby submit my Counter-Affidavit and in
support hereof, most respectfully alleges that;
2. I am presently incarcerated at Zamboanga City Police Station
Office Zamboanga City Precinct 8, Natividad Street, Tetuan,
Zamboanga City for Frustrated Murder;
3. Foremost, I vehemently deny and condemn the baseless and
unfounded accusations leveled against me by Ferdinand
Amping y Tabon, considering that I did not commit the crime of
Frustrated Murder penalized under the Revised Penal Code as
I have no knowledge or any involvement of the said incident.
The truth of the whole incident is narrated hereunder as follows:
a.) That I work as a welder at our family owned welding shop
and I earned an income more or less FIVE HUNDRED
(P500.00) PESOS, Philippine currency, per day;
b.) That on 06 June 2016, I woke up on or about 9:00 oclock in
the morning. Thereafter, I was able to do my normal
household routine by eating breakfast, taking a bath and
visiting our shop which is located adjacent to our house to
finish my pending metal works. I have stayed the whole day
at our house;
c.) That on the same day after spending the whole day in our
house, that is located along the road, on or about 5:00
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oclock in the afternoon I decided to go outside the house


and to visit our family compound which is located in the
inner portion of Pioquinto Drive purposely to spend time with
my cousins and friends;
d.) That when I arrived at the said place, I was able to see my
friends DANILO M. ARANETA JR. (Danilo for brevity) and
DIZON ARANETA (Dizon for brevity) and I spent time talking
to them regarding their current job;
e.) That I also chitchatted with my cousins and friends in a
nearby store located at our Family compound;

f.) That on or about 8:30 oclock in the evening, while I and my


friends DANILO and DIZON were busy chitchatting inside at
our family compound, we suddenly heard a gunshot.
Thereafter, we stayed in the area for more or less fifteen (15)
minutes to observe the situation. Thereafter, we tried to ask
some of my cousins and residents at our compound,
however, we did not learn any information about the said
gunshot;
g.) That thereafter, I went to the house of my uncle Mr. Wilfredo
Pioquinto to spend the night;

h.) That the next day on 07 June 2016, I woke up on or about


5:00 oclock in the morning and directly went home. As I
arrived home, I took my breakfast and took a bath;
i.) That on or about 1:30 in the afternoon I went back to our
compound to get some news about the incident. As I arrived
in our compound, Police Officers were already in the area
and to my surprise they said that they were looking for me
and I was immediately arrested;
j.) That I resisted the arrest considering that they were not
armed with a valid warrant and I am innocent of the
accusation considering that I have no knowledge about the
incident they were accusing me. However, I eventually obey
their orders and cooperate with them on my own free will
considering that I am confident that I am innocent;
k.) That I was sent to Zamboanga City Police Station Office
Zamboanga City Precinct 8, Barangay Tetuan where I am
presently incarcerated.

4. Art. 11 Par. 1 of the Revised Penal Code states that:

Anyone who acts in defense of his person or rights, provided


that the following circumstances concur:
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First. Unlawful aggression;


Second. Reasonable necessity of the means employed to
prevent or repel it;
Third. Lack of sufficient provocation on the part of the person
defending himself

5. ;

6. Art. 248 of the Revised Penal Code states that:

Any person who, not falling within the provision of Article 246
shall kill another, shall be guilty of murder and shall be
punished by reclusion temporal in its maximum period top
death, if committed with any of the following attendant
circumstance:

1. With treachery, taking advantage of superior strength,


with the aid of armed me, or employing means to
weaken the defense or of means or persons the
defense or of means or persons to insure or afford
impunity
2. In consideration of a price, reward or promise.
3. By means of inundation, fire, poison, explosion,
shipwreck, stranding of a vessel. Derailment or assault
upon a street car or locomotive, fall on an airship, by
means of motor vehicles, or with the use of any other
means involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the
preceding paragraph, or of an earthquake, eruption of
a volcano, destructive cyclone. Epidemic or other
public calamity.
5. With evident premeditation.
6. With cruelty by deliberately and inhumanly augmenting
the suffering of the victim, or outraging or scoffing at
his person or corpse.

7. ;

8. I execute this Counter-Affidavit to attest to the truth of the


foregoing facts based on personal knowledge and authentic
records in compliance with the Subpoena of the Honorable
Office. It is thus requested that the instant case docketed as
NPS Docket No. IX-06-INQ-16F-00474 be dismissed for utter
lack of merit as the foregoing facts may constitute.

IN WITNESS WHEREOF, I have hereunto set my hand on this


___ day of August, 2014 at Zamboanga City, Philippines.
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DEXTER PIOQUINTO y JALA


Affiant

SUBSCRIBED AND SWORN to before me this ___ day of June


2016 in the City of Zamboanga, Philippines.

CERTIFICATION

I HEREBY CERTIFY that I have personally examined herein


Affiant and that I am satisfied that he voluntarily executed and
understood the contents of his Counter-Affidavit.

IN WITNESS WHEREOF, I have hereunto set my hand on this


___ day of November 2015 at Zamboanga City, Philippines.

CHRISTIAN JHON L. AONUEVO


Affiant

SUBSCRIBED AND SWORN to before me this ___ day of


November 2015 in the City of Zamboanga, Philippines.

CERTIFICATION

I HEREBY CERTIFY that I have personally examined herein


Affiant and that I am satisfied that he voluntarily executed and
understood the contents of his Counter-Affidavit.