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Republic of the Philippines

Department of Justice, Region V


National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Sorsogon City

PEOPLE OF THE PHLIPPINES


Complainant,
NPS Nos. V-06-INV-20K-694
For: Murder
- versus -

CRISTOPHER DESALISA
ESCOTE, MARY JANE LIGAN
JESALVA
Respondents.
x---------------------x

JOINT COUNTER-AFFIDAVIT
We, CRISTOPHER DESALISA ESCOTE and MARY JANE LIGAN
JESALVA, both of legal age, live in partners and residents of Buenavista, West
District, Sorsogon City after having been duly sworn in accordance with law,
depose and state that:

1. We are the respondents in the above-captioned case;

2. The acts alleged in the complaint and in the affidavits supporting it do


not sufficiently show that we are responsible for Murder and/or that we
are probably guilty thereof and thus should be held for trial;

3. The truth is that on October 31, 2020 past 6:00 o’clock in the evening at
our residence at Buenavista, West District, Sorsogon City, I (MARY
JANE) was sleeping in the sala when I am suddenly awakened by
someone who’s kissing me and caressing my private parts. In my shock
and anger as I recognized that it was “pading” Alex Latosa Lubiano, I
stood up, shrugged him off and went to the room to ask for new clothes
from my eldest daughter. After that I proceeded to our kitchen and told
my live in partner CRISTOPHER (who was sleeping and drunk) about
what have happened and asked him to tell his “padi” who was so drunk
that time to leave. Feeling enraged of what I have told him,
CRISTOPHER went to the sala and I didn’t know that he has with him a
knife;
4. Only after a few seconds when I followed CHRISTOPHER that I
(MARY JANE) recognized that ALEX was bleeding, so I went hurriedly
to his place, hugged him and told him to leave because CHRISTOPHER
was mad at him. That I categorically DENY the allegations that I aided
CHRISTOPHER in bringing the wounded body of ALEX outside our
house. The truth is that he was able to went out from our house. And
perhaps the reason why the witness (ROLANDO LACSA) claimed that
he saw me there with ALEX around 2 meters apart is because I went after
him to see if he’s alright;

5. As for CHRISTOPHER. I was sleeping in our kitchen that time and I


was drunk. My live in partner awakened me and told me what ALEX did
to her. This information from my wife came like explosive in my blurred
vision. Indeed, I succumbed to sufficient and legitimate obfuscation that
eventually diminished my judgment. Yet even if I happened to stab
ALEX, I respectfully submit that it would not fall under Murder. I
humbly believe that there is no qualification to elevate this crime to
Murder. What I have done was out of pure defense to chastity of my wife
who was blemished and derogated by the victim.

6. Thus, I execute this affidavit to attest to the truth of the foregoing,


SPECIFICALLY, FOR THE DISMISSAL OF THE INSTANT
COMPLAINT FOR LACK OF SUFFICIENT BASIS TO SHOW THAT
RECKLESS IMPRUDENCE RESULTING IN HOMICIDE, PHYSICAL
INJURIES AND DAMAGE TO PROPERTIES HAD BEEN
COMMITTED AND/OR THAT I AM PROBABLY GUILTY
THEREOF, AND THUS SHOULD BE HELD FOR TRIAL.

IN WITNESS WHEREOF, I have set my hands this 4 th day of January,


2020 at Sorsogon City, Philippines.

AGAPITO CADUSALE, JR
Affiant

SUBSCRIBED AND SWORN to before me this 4th day of January, 2020 at


Sorsogon City, Philippines.
COPY FURNISHED:

SORSOGON CITY POLICE STATION

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