Republic of the Philippines

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
Surigao City

MILA T. CLEMENZA,
Complainant,

NPS DOCKET NO. XIII-05-INV-14H-00344

-versus- FOR: MURDER

VIRGIL SOLLOZO,
Respondent,
x-------------------x

COUNTER-AFFIDAVIT

COMES NOW ANSWERING RESPONDENT, in the above-entitled complaint,

unto this Honorable Office, most respectfully submits the herein Counter-affidavit
and avers that:

At the onset, herein respondent would like to admit the killing of one Peter
T. Clemenza on 03 August 2014 at 3:45 o’clock in the morning but interposed self-
defense. That the truth of the matter is that the accused was only trying to protect
his life and limb. Nevertheless, undersigned feel that it is my duty to answer the
allegations of the complainant in the following manner:

The charge:

The sworn-statements of witnesses MICHAEL MODANZA CORLEONE and

LUCA PILOSOPO BRAZI would indicate that:
xxx
1. Sometime in 03 August 2014 at around 3:45 o’clock in the morning while the
victim and his friends were mounting their motorcycle outside Abansa Resto Bar
when Virgil Sollozzo appeared in front of them. Claiming thereafter that in a
burst of anger, Virgil Sollozzo shoved the hand of the victim which then led to an
encounter where victim was brutally stabbed by said respondent which result to
the proximate cause of his death.

COMMENT:

From the above-cited paragraph quoted from the sworn-statement of

witnesses, said witnesses do not have any personal knowledge as to the cause of
the encounter which occurred inside the resto bar. That it was the victim himself
who gave offensive languages toward Mr. Dionesio M. Tangol, the companion of the
respondent in which respondent only would want to clear or settle things out with
the victim before they leave the resto bar. That it was the victim who had
consummated the act when he drove his motorcycle at the expense of causing
injury to the respondent. Mr. Virgil in this case only employed reasonable means to
protect his life and limb from the unlawful aggression manifested by the victim.

Contrary to the allegation of the witnesses that the respondent mercilessly

stabbed the victim but the truth of the matter is that, the victim was trying to stab
the respondent. However the respondent managed to grappled and took hold of the
knife and thereafter accidentally stabbed the victim as respondent was only acting
in self-defense.
 Closing

To consider the charges for murder against herein answering respondent

now pending preliminary investigation as a serious matter would just be an
understatement. Truth is, respondent’s life and the future of his family now dangle
over the decision of the Investigating Prosecutor. For the guidance of this Office,
respondent is an employee of Bibo Business Enterprise, situated at Brgy.
Washington, Surigao City, Surigao del Norte and is receiving his salary at the rate
of the minimum wage in the region. He is likewise the only wage earner in the
family which he sustain the needs of his elderly parents and his younger brother. It
therefore behoves upon this Office to weigh the evidence carefully and to deliberate
thereon to determine the existence of a prima facie case before filing the
information in court.  Anything less would be a dereliction of duty.

Prosecutors are endowed with ample powers in order that they may properly
fulfill their assigned role in the administration of justice. It should be
realized, however, that when a man is hailed to court on a criminal charge, it
brings in its wake problems not only for the accused but for his family as
well1.  

IN WITNESS WHEREOF, I have hereunto affixed my signature this 19 th day

of December, 2014 at Surigao City.

VIRGIL SOLLOZO
Affiant

SUBSCRIBED AND SWORN to before me, this 19th day of December 2014 at Surigao
City. Affiant is personally known to me and who affirmed that he executed the instant
affidavit freely and voluntarily and I hereby certify that he have read and understood the
contents thereon.

ATTY. JANRAY T. MONTANTE

Counsel for the Defendant

Copy furnished:

MILA T. CLEMENZA
Sitio Looc, Brgy. Luna, Surigao City

1
Sales v. Sandiganbayan, G.R. No. 143802, 16 November 2001.