REPUBLIC OF THE PHILIPPINES )

PROVINCE OF CAGAYAN PROVINCE ) S.S

MUNICIPALITY OF DALUPIRI ISLAND )

COUNTER AFFIDAVIT

I, MANDO N. DUMPAR, Filipino, of legal age, married and residing at Brgy Amyanan,
Dalupiri, Cagayan Province, after having been duly sworn to in accordance with law, hereby
depose and say:

1. That on February 11, 1989, I and my manager Mr. Jeff May-ari started from Brgy
Amyanan, Dalupiri, Cagayan Province bound for Timog, Dalupiri, Cagayan Province to buy salted
fish, I being the driver of an Owner driver passenger jeepney type, and when we were already at
Brgy Masipag, Dalupiri Island, Cagayan Province at about 3:45 P.M., I was driving at a speed of
about 50 to 60 km per hour when all of a sudden a boy about six to eight years old playing yoyo
on my left side lane (eastern) let go of his yoyo towards my lane so that said boy without looking
on my direction followed his yoyo and I even sounded my horn to warn the boy following his yoyo,
and in my effort to avoid hitting the boy following his yoyo I even swerved to the right towards the
shoulder (right side portion) of the road, but unfortunately, the boy was bumped, and because of
my fear that I will harmed by the people around, I went direct to the P.C Check Point at
Camachile, Cagayan Province and surrendered there

2. That it would be impossible for me to evade hitting the boy because it was so sudden
and that said boy came running after his yoyo and towards my direction, even as I applied the
brakes and swerved to the right trying to evade the boy, but just the same the boy was bumped;

3. That I executed this Counter Affidavit to affirm the veracity of the foregoing facts in
Answer to the charge filed against me under Crim. Case No. 0852 for Homicide Thru Reckless
Imprudence which now pending before the Municipal Trial Court, Dalupiri Island, Cagayan
Province.

IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of February, 1989
at Dalupiri, Cagayan Province.

(SGD) MANDO N. DUMPAR

(Affiant)

SUBSCRIBED AND SWORN to before me this 27thday of February, 1989 at Amyanan,

Cagayan Province by affiant with his Res. Cert. No. 5314694 issued at Amyanan, Cagayan
Province on Jan. 24, 1989.

(SGD) ATTY PRO BONO LIBRE

Notary Public
Until December 31, 1989
PTR NO. 2345678 1/20/89
Amyanan, Dalupiri Island,
Cagayan Province

Doc. No. 123

Page No. 12
Book No. XCII
Series of 1989