Republic of the Philippines )

City of Batangas )  SS.

Province of Batangas )

COUNTER-COMPLAINT AFFIDAVIT

I, ANDRES AGUINALDO, of legal age, single, and a resident of

Brgy. 9, Batangas City, after having been duly sworn on oath in
accordance with law, hereby voluntarily depose and say:

1. That I am an eighteen years old, first year student of Batangas

State University;

2. That the complainant and I are in the same theater play in

Batangas State University, cast of which are composed of
different students from different courses having the same P.E.
subject;

3. That we had a school theater play on December 2, 2019,

which both of us were part of the cast; 

4. That during the play, he forgot most of his lines and started
spouting random words. This caused the rest of us to stand
around confused and not knowing what to do as this was not
part of our rehearsal;

5. That our final grade for this class depended on this particular
performance, and because of this mishap, we received a very
low grade from our professor;

6. That the following evening, December 3, 2019, my friends

Paolo N. Kontis, Sigfried P. Cuneta, and I were idling at Jelly’s
Burger kiosk waiting for our orders when Martin F. Nabera
and Gary T. Balencia went near us.
7. That I saw and heard Paolo call Martin and say, “Huy Martin,
anong nangyari kagabi? Naging pabida tuloy kayo. Ang yabang
mo during rehersal, sabi mo kabisado mo na ang script, tapos
ganon ang gagawin mo sa araw ng play. Ang dami kayang na
apektohan sa cast.”

8. Martin replied, “Inaano ba namin kayo?! Kung nag adlib sana

kayo ay di walang problema diba? Hindi kasi kayo marunong
non.”, smirking while arrogantly telling his friends what he did
in the play;

9. Paolo replied, “Buti ba kung saiyong grade lang ang bumaba,

damay din kaya kami!”, and after Martin hastily and forcefully
grabbed Paolo by the neck of his shirt and was ready to punch
my friend;

10. Paolo managed to punch Martin in the stomach and

backed away. Martin recovered quickly and aimed to punch
Paolo, but the latter side-stepped the blow; causing Martin to
outbalance himself and hit his head on a concrete table
behind Paolo;

11. I saw Gary ready to pounce on my friend so I tackled

him;

12. Gary then pulled a knife from his pocket then proceeded
to try slashing it at me. I immediately stood up and backed
away when I saw the blade and was able to dodge the slice;

13. Gary followed after me, trying to hit me with his knife. I
then tried to get the knife away from him by grabbing onto his
wrist. He dropped it out of shock and we raced to pick it up
before the other;
 14. I was faster than Gary and I succeeded in grabbing the
knife before him. However, this did not dissuade him at all,
and before I could throw it to where neither of us could reach,
he charged blindly charged at me in rage, causing him to hurt
himself on the blade;

15. It was then that my other friend, Sigfried, came over with
a small piece of wood. He used it to strike Gary's side; causing
the latter to collapse;

16. Martin then proceeded to come over to us, having

rendered Paolo nearly unconscious while I was busy with
Gary;

17. A crowd was slowly starting to form, so the three of us

decided to flee. We each ran off to our respective houses, and
it is when I got home that I told my parents of what happened;

18. That under the law, the elements for the crime of serious
physical injuries are: (1) that the offender inflicted physical
injuries upon another; and (2) the person injured shall have
become deformed;

19. That because Gary's injuries were caused by his own

actions, not all elements for serious physical injuries are
present;

20. And that the complainant has no cause of action against

me.

IN WITNESS WHEREOF, I have hereunto set my hand this

____________________________ at Batangas City.
 ANDRES AGUINALDO
Respondent

SUBSCRIBED AND SWORN to before me this _____________ at

Batangas City.

BUENAS C. CATAPANG
Counsel for the Respondent
Notary Public for and in the Municipality of Batangas
Commission No. 2019-99
Until December 31, 2021
Roll of Attorneys No. 008899
IBP Lifetime No. 0935941/ Batangas City
MCLE Compliance No. VI - 0022878 / 20 June 2022