Republic of the Philippines

Department of Justice
OFFICE OF THE PROVINCIAL PROSECUTOR
5th Judicial Region
Legazpi City

VANIE D. PONTO,
Complainant,

NPS DOCKET NO: V-08-INQ-15B-

-versus- 09999
For: Murder
RIKO D. TAMPO,
Respondent.
x- - - - - - - - - - - - - - - - - - - - -x

COUNTER-AFFIDAVIT

I, RIKO D. TAMPO, 49 years old, married, and a resident

of Purok 1, Brgy. Sabang, Legazpi City, after having been duly sworn
to in accordance with law, hereby deposes and says THAT:

1. I am the respondent in Criminal Case NPS DOCKET NO: V-

08-INQ-15B-09999 for the crime of Murder under Article
248 of the Revised Penal Code;

2. I am executing this Counter-Affidavit as a reply and

comment to the Complaint Affidavit of VANIE D. PONTO
and Affidavit of Witnesses, WENDY DULA and BITOY
GANCHO, who are under investigation by this Honorable
Office in connection with the death of TITO D. PONTO after
being shot on April 1, 2016.

3. On April 1, 2016 8:00 P.M., I was in Belarminco St., Legazpi

City, and I was at the store owned by one of the
prosecution witness, Wendy Dula, drinking a softdrink;

4. Also in the store were Bitoy Gancho and Tito D. Ponto

having a drinking session. I was invited by Bitoy to join
them but I declined because I was already tired and I
noticed that they were already drunk.

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5. After drinking the soft drink I got up and walked towards
the vicinity of Belarmino St. when I heard a gunshot.
Fearing for my life I ran towards the Gov. Forbes St. and
towards my residence for safety;

6. I learned later that it was Tito D. Ponto who was the

person who was shot and killed during that shooting
incident when my wife told me about it when she got
home from the marketplace at around 8:40 pm on that
same day;

7. I knew Tito D. Ponto since we sometimes played “tong-its”

together;

8. It is true that I and Tito D. Ponto had recently undergone

barangay conciliation for collection of sum I owed to him;

9. Although me and Tito had an argument during the

conciliation, I never said that I would kill the victim and
besides the cause of the argument was not of such nature
as to make me kill him;

10. I deny having shot and killed Tito D. Ponto.

Relevant Law and Case Law

1. The Rules of Court of the Philippines, Rule 133, Sec. 2

provides:

“Proof beyond reasonable doubt – In a

criminal case, the accused is entitled to
acquittal unless his guilt is shown beyond
reasonable doubt. Proof beyond reasonable
doubt. Proof beyond reasonable doubt does
not mean such a degree of proof as,
excluding the possibility of error, produces
absolute certainty. Moral certainty only is
required, or that degree of proof which
produces conviction in an unprejudiced
mind.”

2. The Supreme Court, in the case of People v. Maraorao,

June 20,2012 has held that:

“ In every criminal prosecution, the state

must prove beyond reasonable doubt, all the
elements of the crime charged and the
complicity or participation of the accused

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 …..conviction must rest on the strength of the
prosecution’s evidence and not on the
weakness of the defense.”

PRAYER

WHEREFORE, premises considered, it is respectfully

prayed that the instant criminal complaint be DISMISSED for
lack of merit.

Further, the respondents respectfully pray for such and

other reliefs as may be deemed just and equitable in the
premises.

IN WITNESS WHEREOF, I have hereunto set my hand

this 6th day of December, 2013 at Surigao City, Philippines.

RIKO D. TAMPO
Affiant

SUBSCRIBED AND SWORN to before me this 4th day of

April, 2016 at Legazpi City, Philippines and I FURTHER CERTIFY
that I have personally examined the affiant and I am satisfied that
she has read and personally understood the contents of her
foregoing “Complaint-Affidavit”.

xxxx
Assistance City Prosecutor
Roll No. 22441-2009
IBP No. 904627-2/3/12
PTR No. 532654 2/13/12;
Legazpi City MCLE Compliance III No.
0134501Issued on July 4, 2012

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 CERTIFICATION

This is to certify that I have personally examined the

affiant and that I am satisfied that she voluntarily executed
and understand her statement herein.

xxxxx
Assistance City Prosecutor
Roll No. 22441-2009
IBP No. 904627-2/3/12
PTR No. 532654 2/13/12;
Legazpi City MCLE Compliance III No.
0134501Issued on July 4, 2012

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