REPUBLIC OF THE PHILIPPINES )

CITY OF DAVAO ) S.S

COUNTER AFFIDAVIT

I, Ellen Adarna-Ramsay, of legal age, married, Filipino citizen, and

resident of #13, Purok Kapamilya, Malagos, Baguio District, Davao City, after
having been duly sworn to according to law, hereby depose and say that:

ADMISSIONS and DENIALS

1. I am the accused in the complaint-affidavit filed by Markus Cruz, of legal

age, single, Filipino and a resident of #5, Purok Kapamilya, Malagos,
Baguio District, Davao City for the crime of HOMICIDE as defined and
penalized under Article 249 of the Revised Penal Code of the Philippines.

2. The circumstances in paragraph one (1) in the affidavit executed by

Markus Cruz (Complaint-Affidavit) are hereby admitted.

3. Allegations in paragraph two (2) of the affidavit-complaint is hereby

denied. I indeed stabbed the victim albeit in self-defense, but strongly
believed that the wounds he sustained therein would not lead him to his
death. Paragraph 5 of this counter-affidavit proves this justifying
circumstance with all the requisites of, as established by jurisprudence,
(1) unlawful aggression on the part of the victim; (2) reasonable
necessity of the means employed to prevent or repel the attack; and (3)
lack of sufficient provocation on the part of the person engaged in
self-defense are present.

4. The allegations in paragraph 3(a) (f) (g) are admitted. Last December
24, 2021, at around 8:00 in the evening, I hosted a noche buena to
celebrate Christmas Eve with my friends - John Lloyd Cruz, Jesse
Mendiola, Luis Manzano, Kathryn Bernardo, and Daniel Padilla. The
following morning, Anderson would arrive with a key to our house,
being our caretaker for five (5) years, he already knew our family’s
Christmas celebration routines. When he entered the house, he would
expectedly see John Lloyd as the latter stayed overnight at the guest
room because he was already drunk from last night’s celebration and
could no longer drive back home in his motorcycle.
 5. The allegations in paragraph 4 are admitted as to the fact that I and Cruz
had previously entered into a joint venture for the cultivation and sale of
cacao beans and that there was a confrontation pertinent to the unfair
sharing in the proceeds of the sale of cacao beans; HOWEVER, I
specifically DENY that I killed John Lloyd Cruz. The truth of the matter
was that while I was in the master’s bedroom of our house in the
morning after Christmas Eve, with only my three children of tender age
for company who were sleeping in another room, I heard knocks on the
door. I opened it and saw John Lloyd standing in front. He suddenly
pushed me back inside, forcefully embraced me and pinned me on the
bed saying “wag kang maingay, Ellen!” while poking a knife with an evil
smirk on his face. While I was struggling from his grips, he began to
touch my breasts and unhooked the strap of my bra with his left hand. All
the while, I kept struggling and fighting back. I felt even more terrified
and frightened and did not know what to do when the knife was placed
just above my head. Thereafter, John Lloyd pulled my pants and
underwear down to my knees. He tried kissing me while I continued to
struggle against him until I lost all my strength. He then placed himself
on top of me and inserted his penis inside my vagina. When he was
already inside, pulling and pushing himself towards me, I was able to
regain back my strength and managed to push him away. I could not
shout for help as I was already trembling in fear. John Lloyd immediately
got up and went to the bathroom but told me to stay where I was and
remained silent or else “papatayin kita.” Taking this as a chance to
escape, without my underwear and pants, picked up the knife and
stabbed him twice in the left side of the abdomen. I was crying while
seeing my hands with stains of blood and John Lloyd, feeling himself
wounded, ran away jumping through the window and falling on some
stones. I have no idea how the tillage blade assembly fatally injured John
Lloyd as I was already trembling in fear and went out of the room.

6. I set forth immediately for the nearest police station driving my Nissan
Terra to surrender myself to the authorities and report the incident.

SELF-DEFENSE AS JUSTIFYING CIRCUMSTANCE

7. The Supreme Court held in the case of People of the Philippines vs.
Rodolfo Olarbe Balihango, G.R. No. 227421, 23 July 2018, that an accused
who pleads any justifying circumstance in Article 11 of the Revised Penal
Code admits to the commission of acts that show the commission of a
crime. It thus becomes his burden to prove the justifying circumstance
 with clear and convincing evidence; otherwise, his conviction for the
crime charged follows.

Article 11, paragraph 1 of the Revised Penal Code, must establish the
following facts, namely: (1) unlawful aggression on the part of the
victim; (2) reasonable necessity of the means employed to prevent or
repel such aggression; and (3) lack of sufficient provocation on the part
of the person resorting to self-defense.

8. All the elements of self-defense are evident in this case. Hereunder are
the facts of the incident which constitutes (1) unlawful aggression on the
part of the victim; (2) reasonable necessity of the means employed to
prevent or repel such aggression; and (3) lack of sufficient provocation
on the part of the person resorting to self-defense.

There was unlawful aggression on the part of John Lloyd when he

suddenly pushed me back inside my room when I opened the door,
forcefully embraced me and pinned me on the bed saying “wag kang
maingay, Ellen!” while poking the knife on me with an evil smirk on his
face; when I was struggling from his grips and he began to touch my
breasts and unhooked the strap of my bra with his left hand; even when I
struggled and fought back, he placed the knife just above my head and,
thereafter, pulled my pants and underwear down to my knees; he then
kissed me while I continued to struggle against him until I lost all my
strength; placed himself on top of me and inserted his penis inside my
vagina, pulling and pushing himself towards me.

Apparently, there was a lack of sufficient provocation on my part. I have

not given cause for the aggression by John Lloyd’s conduct nor incited
him to commit the same. I was just sleeping inside my room when he
suddenly knocked on the door and committed all those immoral and
unlawful acts.

There is a reasonable necessity for me to repel or prevent his aggression.

The means of stabbing him is commensurate to the nature and extent of
the attack which I sought to avert, and is rationally necessary to prevent
the unlawful aggression considering also that there is great disparity of
physical strength between me and Derek. -- Huy Adrian nganong si
derek? HAHAHAHAHA si derek man iyang bana. Si johnlloyd nag rape
niya

UNLAWFUL AGGRESSION
 9. Unlawful aggression on the part of the victim is the primordial element
of the justifying circumstance of self-defense. The test for the presence
of unlawful aggression under the circumstances is whether the
aggression from the victim puts in real peril the life or personal safety of
the person defending himself; the peril must not be an imagined or
imaginary threat. Accordingly, the accused must establish the
concurrence of three elements of unlawful aggression, namely: (a) there
must be a physical or material attack or assault; (b) the attack or assault
must be actual, or, at least, imminent; and (c) the attack or assault must
be unlawful.

10. All the elements of unlawful aggression are present as established in the
preceding paragraph.

VOLUNTARY SURRENDER AS MITIGATING CIRCUMSTANCE

11. In the case of People of the Philippines vs. Alberto Tabarnero, G.R. No.
168169, 24 February 2010, the Supreme Court held that in order that the
mitigating circumstance of voluntary surrender may be credited to the
accused, the following requisites should be present: (a) the offender has
not actually been arrested; (b) the offender surrendered himself to a
person in authority; and (c) the surrender must be voluntary. A
surrender, to be voluntary, must be spontaneous, i.e., there must be an
intent to submit oneself to authorities, either because he acknowledges
his guilt or because he wishes to save them the trouble and expenses in
capturing him.

12.
There was voluntary surrender on my part because, immediately after
the incident when I saw John Lloyd ran away jumping through the
window, I set forth immediately for the nearest police station to
surrender myself to the authorities and report the incident.

13. I am executing this Counter Affidavit to attest to the veracity of the

foregoing facts, and for whatever purpose this may serve.

Done this 11th of April, 2021 at Baguio District, Davao City.

Ellen Adarna-Ramsay
 Affiant

SUBSCRIBED AND SWORN to before me this 11th day of April, 2021 at Davao
City. I hereby certify that I have personally examined the affiant and that I
am fully satisfied that She voluntarily executed and understood the contents
of the above affidavit.

Sgd. Zusmitha Salcedo

Roll No. 55429-219
IBP No. 808787-1/3/11
PTR No. 41251232- 1/3/11; Davao
MCLE Compliance III No. 02613
Issued on April 22, 2020