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-09999

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

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 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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