Republic of the Philippines

Department of Justice
Province of Sultan Kudarat
PROVINCIAL PROSECUTION OFFICE
Isulan, Sultan Kudarat

THE PEOPLE OF THE PHILIPPINES, NPS DOC. NO. XII-09-

Plaintiff, INV-22B-00073

-versus- -for-

RICKY UMADHAY, FRUSTRATED

Respondent. MURDER
x---------------------------------------------x

COUNTER-AFFIDAVIT

I, RICKY P. UMADHAY, of legal age, married, Filipino and

resident of Kalawag I, Isulan, Sultan Kudarat, duly sworn to in
accordance with law, hereby depose and state;

1. That, I am the respondent in NPS DOC. NO. XII-09-INV-22B-

00073 for Frustrated Murder;

2. At the onset, respondent vehemently and categorically DENY

all the accusations against me as they are patently baseless,
fabricated and defamatory. The true narration of facts are as
follows;

a. That, the incident happened on December 25, 2021 during

the Christmas Party of Baluno Family, family of my wife,
Ellen Mae B. Umadhay at Arguelles’ Residence;

b. That, I went there around 2:30 in the afternoon. When I

arrived, there were already lots of family members. I walked
around and I noticed the complainant, Rodel D. Bode and
his friends having a drinking spree and seemed to be under
the influence of alcohol already as there were several bottles
of consumed beer on their table. I went straight to a shanty
where my in-laws were sitting and talking with each other .
After a while, we were called to eat then afterwards, the

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 parlor games started. Because it was a day of celebration, we
prepared to drink;

c. That, around 5 in the afternoon, Rojelem Parcon approached

and asked how I was going as my father just died. He joined
our drinking spree and then mentioned to me that Rodel
Bode made some allegations against me and then uttered in
vernacular, “Birahan ta bala sila Kol!” (Let us take revenge,
uncle!) I replied in vernacular, “Pabay-e na lang na sila”
(Don’t mind them). Then after an hour, my daughter,
Erickylle, approached and asked the keys to our house;

d. That, around 8 in the evening, the Emcee called and

announced to prepare for the exchange gift. I left Rojelem
and my in-laws and went to other table to prepare. Then, the
son of Atty. Arguelles, Aster Vien, gave me a piece of
chocolate then suddenly the complainant, Rodel Bode,
shouted in vernacular, “Baw! Gin-una mo pa si Angkol Lito
hatagan ba!” (Geez! You gave Uncle Lito (the chococolate)
first!) Then when I looked at Rodel Bode who was sitting, he
was already half-naked and appeared to be so drunk. I went
towards him and asked him to wear his shirts and not to
scream as there was a party. Then he got mad and stood up
and went beside me. He then shouted in vernacular, “Ano
kaw? Pa-hero2x ka naman?! Pa-hero2x ka naman!” then I
responded in vernacular, “Hindi ka lang bala magahod” then I
saw him making facial expressions. Then, my daughter,
Erickylle, approached and told me to prepare because we
were leaving after the exchange gift. After few minutes, my
mother-in-law also approached and asked me to leave.
Because I can see that Rodel was already intoxicated and
seemed to be looking for a fight, I decided to back off. As I
was walking away, I noticed that he was following me and
when I looked back I saw him making a signal to his friends
then throw away his fist on me. Because I thought that my
life was at stake, I suddenly grabbed my swiss army knife
and defended myself. After few seconds, I heard my
daughter, Erickylle, shouting in vernacular, “Papa! Nauna
ka?” I stopped then my daughter went in the middle and
pushed me. Because of fear and to avoid serious fight, I went
outside and left;

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 3. That, the allegations of the complainant, Rodel Bode, and his
witness, Rojelem Parcon were all patently baseless, fabricated,
unfounded and a complete lie;

4. That, he was the one who was making a scene during that time
and I just tried to advise him to conduct himself properly. That
it is not true that I brought him to the dark area of the place as
he was the one who followed me and exhibited suspicious
actions that I thought would make my life at stake. As such, I
thought there was a need of defending myself so I grabbed my
swiss knife;

5. That, a careful scrutiny of the records would reveal that there is

no basis of the crime charged against herein respondent. There
was no clear showing that the respondent intended to kill the
complainant nor sustain him injury, at the very least. His act of
implicating injury to the complainant was made with the
thought that his life was at stake;

6. That, time and again, it has been held by the Supreme Court in
a long line of cases that the role and object of preliminary
investigation were "to secure the innocent against hasty,
malicious, and oppressive prosecutions, and to protect him
from open and public accusation of crime, from the trouble,
expenses and anxiety of a public trial, and also to protect the
State from useless and expensive prosecutions."

7. Thus, I hereby execute this Counter-Affidavit to attest to the

truth of the foregoing facts and circumstances, and to pray for
the outright DISMISSAL of this case.

IN WITNESS WHEREOF, I have hereunto set my hand this 22nd

day of February 2021 at Isulan, Sultan Kudarat, Philippines.

RICKY P. UMADHAY
Affiant
LTO ID No. L08-18-002600

SUBSCRIBED AND SWORN to before me this 22nd day of

February 2022 at Isulan, Sultan Kudarat, Philippines. I HEREBY

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CERTIFY that I have personally examined the herein affiant and that
I am fully satisfied that he voluntarily executed and understood his
affidavit.

RESUBSCRIBED AND SWORN to before me this day of

February 2022 at Isulan, Sultan Kudarat, Philippines. I HEREBY
CERTIFY that I have personally examined the herein affiant and that
I am fully satisfied that he voluntarily executed and understood his
affidavit.

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