Republic of the Philippines

Department of Justice
NATIONAL PROSECUTION SERVICE
PROVINCIAL PROSECUTION OFFICE
Pagadian City
-o0o-

JUAN DELA CRUZ, DOCKET NO. IX-09-

INN-20J-021422
Complainant,

-versus- -for-

RICARDO DALISAY, ATTEMPTED MURDER

Respondent
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COUNTER-AFFIDAVIT

I, RICARDO DALISAY, of legal age, single and a resident

Purok 1, Barangay Sampulanggit, Municipality of Bayog, Province of
Zamboanga del Sur, after having been sworn to in accordance with
the law, hereby depose and state that:

ADMISSIONS AND SPECIFIC DENIALS

1. I am the respondent in the above-entitled case;

2. The allegation in paragraph 3 is hereby admitted;

3. The allegations contained in paragraphs 4, 5, and 6 are

vehemently denied as it is based on misapprehension of facts,
the truth of the matter being:

Sometime on February 01, 2022, at around 5:00 in the

afternoon, I was idly watching some teenagers repair the hoop
of the basketball court when suddenly, Juan Dela Cruz, the
complainant, approached the group of teenagers and told them
that they are just wasting their time repairing their basketball
hoop and said in a mocking tone, “Mura na manig tuna-anan sa
baboy inyong dulaanan” He further asked the group, “Kinsa
man si Onyok ninyo?” My nephew, Onyok Dalisay answered,
“Ako kol.” The complainant then asked if Onyok is courting his
daughter. Onyok then answered, “Oo kol.” A commotion then
followed. Juan Dela Cruz punched Onyok and attempted to
 draw his bolo from his waist. I hurriedly entered our house to
get my .45 Caliber Pistol, my service pistol before as member of
the Philippine National Police. I returned to the courtside and
shouted, “Ayaw pag ginahi goys.” I then came to the rescue of
my nephew, Onyok while pointing the gun at Juan Dela Cruz so
that he will not attempt to hack us with his bolo. Juana Dela
Cruz, the wife of the complainant, and Juanita Dela Cruz, the
mother of the complainant, arrived at the scene and
continuously flicked my hand sideways which then resulted in
the accidental discharge of the firearm which fortunately hit no
one. Antonio Banderas, the barangay police, rushed to separate
the parties involved.

AFFIRMATIVE AND SPECIAL DEFENSES

4. Elements of Attempted Murder were not established.

In Palaganas v. People (G.R. No. 165483, September 12,

2006), the Court held that attempted murder or attempted
homicide is committed when the accused intended to kill the
victim, as manifested by the use of a deadly weapon in the
assault, and the wound/s sustained by the victim was/were not
fatal.

Said elements were never established as may be gleaned from

the facts above.

Specifically, the following elements were not established, viz:

A. Contrary to the claims of the complainant, I did not

commence any overt acts which may constitute murder.
Instead, I came to the defense of my nephew who was
suddenly punched by Juan Dela Cruz and was attempted to
be hacked by his bolo.

B. Intent to kill was not established as the discharge of the

firearm was only accidental in nature and was never
expected to kill or even to inflict harm to the complainant or
his immediate family.

Moreover, I am a retired police officer and a consistent

participant in shooting competitions. If indeed it is my
intention to inflict harm or to kill the complainant, I could
have done it considering that we are only a few meters away
from each other.
 C. No qualifying circumstances were averred by the
complainant to justify the charge of attempted murder;

5. Considering all the evidence and foregoing circumstances, it

cannot be denied that the complainant failed to establish the
crime charged against me.

6. I am executing the foregoing counter-affidavit to attest to the

truth and veracity of the foregoing statement and to pray for
the outright dismissal of the instant case for lack of probable
cause and merit.

AFFIANT SAYETH NAUGHT.

TO THE TRUTH OF THE FOREGOING, I have hereunto

affixed my signature this 14th day of February 2022 at Pagadian
City, Philippines

RICARDO DALISAY (SGD.)

AFFIANT

SUBSCRIBED AND SWORN TO BEFOR ME this 14th day of

February 2022 at Pagadian City, Philippines, affiant having
personally appeared before me and to me known to be the very
same person who executed the foregoing affidavit. I also
hereby certify that I personally examined the above-name
affiant, that the foregoing affidavit was read and translated to
him in the language which he understands, and that I am
personally satisfied that he voluntarily executed and understood
the contents of the same.

WITNESS MY HAND AND SEAL this 14th day of February

2022 in Pagadian City.

NOTARY PUBLIC
Doc. No.
Page No.
Book No.
Series of 2022

Copy furnished:

JUAN DELA CRUZ

Purok 1, Barangay Sampulanggit,
Bayog, Zamboanga del Sur
ANNEX 1

Republic of the Philippines )

In the City of Pagadian ) S.S.

X - - - - - - - - - - - - - - - - - - - - - - -/

AFFIDAVIT OF WITNESS

I, ANTONIO BANDERAS, of legal age, Filipino, married, and

resident of Purok 6, Barangay Sampulanggit, Municipality of Bayog,
Province of Zamboanga del Sur, after having sworn to in accordance
with law, hereby depose and state that:

1. I am employed as Barangay Police of Sampulanggit, Bayog,

Zamboanga del Sur;

2. In the afternoon of February 01, 2022, around 5:30 p.m., I was in

my house watching television when all of sudden I heard a
gunshot. Thereafter, I rushed to where the gunshot came and
discovered that an altercation is happening between two parties,
namely: RICARDO DALISAY and his nephew, ONYOK
DALISAY; and JUAN DELA CRUZ, JUANA DELA CRUZ, and
JUANITA DELA CRUZ.

3. RICARDO DALISAY is slowly pulling back with his nephew,

ONYOK DALISAY, while pointing a .45 caliber at JUAN DELA
CRUZ. On the other side, JUAN DELA CRUZ was held back by
JUANA DELA CRUZ and JUANITA DELA CRUZ from drawing
his bolo.

4. I separated both parties to quell the heated exchange to which

they immediately comply;

5. I am executing this complaint affidavit to attest to the truth of the

foregoing facts and for whatever legal purpose or purposes this
affidavit may serve.

IN WITNESS WHEREOF, I hereby set my hand this 4th day of

February, 2022, in the City of Pagadian, Province of Zamboanga del
Sur, Philippines.

ANTONIO BANDERAS
Affiant-Witness
 SUBSCRIBED AND SWORN TO before me this 14th day of
February 2022, in the City of Pagadian, Province of Zamboanga del
Sur, Philippines.

WITNESS MY HAND AND SEAL this 14th day of February 2022 in

Pagadian City.

NOTARY PUBLIC
Doc. No.
Page No.
Book No.
Series of 2022
ANNEX “2”

Republic of the Philippines )

In the City of Pagadian ) S.S.
X - - - - - - - - - - - - - - - - - - - - - - -/

JOINT-AFFIDAVIT OF WITNESSES

We, TANJIRO KAMADO, and UZUMAKI NARUTO, legal

age, Filipinos, and residents of Purok 6, Barangay Sampulanggit,
Municipality of Bayog, Province of Zamboanga del Sur, after having
sworn to in accordance with law, hereby depose and state that:

1. In the afternoon of February 01, 2022, we were repairing our

basketball board by putting together bamboos when JUAN DELA
CRUZ passed by and said in a mocking tone, “Mura na man
tunaanan sa baboy ni inyong dulaanan”. He then inquired about
the identity of our peer ONYOK DALISAY and further asked if
Onyok is courting his daughter, Princess. Onyok responded yes to
the inquiry of Juan. This angered him. As a result, he punched
Onyok in the stomach. A commotion then followed. Juan tried to
draw his bolo and both of us prevented him from doing so.

2. RICARDO DALISAY, a retired policeman and at the same time,

the uncle of Onyok, came to aid his nephew. He shouted at Juan,
“Ayaw pag ginahi.” to call his attention and pointed his .45 caliber
to him while drawing back his nephew away from the commotion.

3. The family of Juan, particularly Juana and Juanita Dela Cruz, also
overheard the commotion and came to his rescue. They flicked the
hands of Ricardo in panic which resulted in the accidental firing of
the pistol which luckily hit no one.

4. Subsequent thereto, Antonio Banderas, the barangay police,

hurriedly came to the scene and separated the parties involved to
which they also complied.

5. We are executing this complaint affidavit to attest to the truth of

the foregoing facts and for whatever legal purpose or purposes
this affidavit may serve.

IN WITNESS HEREOF, we hereby set our hands this 14th day of

February 2022, in the City of Pagadian, Province of Zamboanga del
Sur, Philippines.
 TANJIRO KAMADO UZUMAKI NARUTO
Affiant-Witness Affiant-Witness

SUBSCRIBED AND SWORN TO before me this 4th day of

February 2022, in the City of Pagadian, Province of Zamboanga del
Sur, Philippines.

WITNESS MY HAND AND SEAL this 14th day of February

2022 in Pagadian City.

NOTARY PUBLIC
Doc. No.
Page No.
Book No.
Series of 2022
ANNEX “3”

Republic of the Philippines )

In the City of Pagadian ) S.S.

X - - - - - - - - - - - - - - - - - - - - - - -/

AFFIDAVIT OF WITNESSES

I, ONYOK DALISAY, of legal age, Filipino, married, and

resident of Purok 6, Barangay Sampulanggit, Municipality of Bayog,
Province of Zamboanga del Sur, after having sworn to in accordance
with law, hereby depose and state that:

1. In the afternoon of February 01, 2022, I and my peers were

repairing our basketball board by putting together bamboos when
JUAN DELA CRUZ passed by and said in a mocking tone, “Mura
na man tunaanan sa baboy ni inyong dulaanan”. He then inquired
about my identity and further asked if am courting his daughter,
Princess. O responded yes. My answer angered him. As a result,
he punched me in the stomach. A commotion then followed. He
tried to draw his bolo and my peers prevented him from doing so.

2. My uncle, RICARDO DALISAY, a retired policeman, came to my

aid. He shouted at Juan, “Ayaw pag ginahi.” to call his attention
and pointed his .45 caliber to him while drawing me away from
the commotion.

3. The family of Juan, particularly Juana and Juanita Dela Cruz, also
rushed to the commotion and came to his rescue. They flicked the
hands of my uncle which then resulted in the accidental firing of
the pistol. No one was hit by the bullet.

4. After that, Antonio Banderas, the barangay police, hurriedly came

to the scene and dispersed the commotion.

6. I am executing this complaint affidavit to attest to the truth of the

foregoing facts and for whatever legal purpose or purposes this
affidavit may serve.

IN WITNESS HEREOF, we hereby set our hands this 14th day

of February 2022, in the City of Pagadian, Province of Zamboanga del
Sur, Philippines.
 ONYOK DALISAY
Affiant-Witness

SUBSCRIBED AND SWORN TO before me this 4th day of

February 2022, in the City of Pagadian, Province of Zamboanga del
Sur, Philippines.

WITNESS MY HAND AND SEAL this 4th day of February

2022 in Pagadian City.

NOTARY PUBLIC
Doc. No.
Page No.
Book No.
Series of 2022