Final Requirement in Legal Forms

Answer to a Complaint

Submitted by: Group 2

Cardines, John Gerard

Eder, Fchelle Mae Canillas
Labajoy, Julie Ann A.
Lacaba, Leslie
Paner, Catherine C.
Rayos, Mary Grace P.
Taran, Nathaniel

Submitted to: Atty. Lizette Nimfa Paciencia

 REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
Office of the City Prosecutor
Bulwagan ng Katarungan
Tacloban City, Leyte

ARNALDO B. CASPE, NPS No. VIII-01-24-00133/

Complainant,
For: MURDER
-versus-

APRIL LUZ S. ARANTE,

Respondent,
X—----------------------------------------x

COUNTER-AFFIDAVIT
OF RESPONDENT

I am APRIL LUZ S. ARANTE, of legal age, Filipino,

single, a resident of Jhalex Compound, Brgy. 96 Calanipawan
Road, Tacloban City, after having been duly sworn in accordance
with law, hereby depose and say that:

1. On January 16, 2024 I received a Subpoena from the

Office of the City Prosecution attached hereto as Annex “1” along
with the Complaint-Affidavit of one ARNALDO B. CASPE attached
hereto as Annex “2” to which I was given five (5) days to respond;

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 2. In the said Subpoena, I was made aware that I am a
respondent in a criminal complaint filed by ARNALDO B. CASPE
for the murder of Alex Mabini which complaint is now pending
before the Office of the City Prosecutor of Tacloban City.
3. The material allegations of his complaint stated that on
the night of August 14, 2023, I allegedly killed Alex Mabinin in his
room in Jhalex Compound, Brgy. 96 Calanipawan Road, Tacloban
City. According to the complainant this was due to my previous
disagreement with the victim after the Debate in our Law School;
4. I vehemently, categorically, strongly, and in all candor,
deny all allegations against me, along with the following
assignment of errors:

Complainant
is not a proper party
5. Section 2 of Rule 110 of the Rules of Criminal
Procedure provides that:

“Section 3. Complaint defined. — A complaint

is a sworn written statement charging a
person with an offense, subscribed by the
offended party, any peace officer, or other
public officer charged with the enforcement
of the law violated.”

6. In the case of Del Rosario v. Vda de Mercado, G.R.

No. L-25710 dated August 28, 1969, the Supreme Court held that:

“The Rules of Court do not directly define the

meaning of "offended party," but from the
provision of section 11, Rule 106 of the said

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 Rules, it may clearly be inferred that the
offended party is the person against whom
or against whose property the crime was
committed.”

7. ARNALDO B. CASPE, the complainant in this case, as

admitted in paragraph 2 of the Complaint-Affidavit he executed,
was merely a “childhood friend and study partner in law school” of
the victim, clearly he is neither an offended party nor is he a peace
officer or public officer charged with the enforcement of the law
violated;

Complaint failed
to establish
Probable Cause
8. In the case of Arroyo v. Sandiganbayan, G.R. No.
210488 dated January 27, 2020 the Supreme Court defined
probable cause as:

“the existence of such facts and circumstances

as would excite the belief in a reasonable mind,
acting on the facts within the knowledge of the
prosecutor, that the person charged was guilty
of the crime for which he was prosecuted.”

xxx

“A finding of probable cause needs only to rest

on evidence showing that more likely than not
a crime has been committed and there is
enough reason to believe that it was committed
by the accused”

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 9. In paragraph 4 of the Complaint-Affidavit of ARNALDO
B. CASPE and in Annex C of the same document, he introduced
statements made by one Carl Vilches which was neither made
under oath nor was it able to to positively identify me as actual
perpetrator of the crime;

10. In paragraph 5 of the Complaint-Affidavit of

ARNALDO B. CASPE and in Annex D he provided a picture of the
CCTV footage from one Jonathan Abayan but failed to provide
statements of the alleged reporting of the incident made by the
latter regarding a “suspicious figure lurking around the area”;

11. In the same paragraph ARNALDO B. CASPE also

included statements of Amabelle Rivera as Annex E of the
Complaint-Affidavit which again failed to positively identify me as
the cause of the alleged “unidentified individual fleeing the scene”
shortly after a “heated argument” was heard in the room of the
victim;

12. I admit that I am the person in CCTV footage in

Annex D of the Complaint-Affidavit but only in so far, as admitted in
paragraph 2 of this Answer, I am a resident of the same Jhalex
Compound, Brgy. 96 Calanipawan Road, Tacloban City where the
victim resided through a Contract of Lease, a copy of which is
attached hereto and made an integral part hereof as Annex “3”;

13. In paragraph 6 of the Complaint-Affidavit, Dr. Janet

Fabi revealed that the victim died from multiple stab wounds,

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however, nowhere in Annex F of the same document described
each of the stab wounds indicated as “multiple”, nor was it
concluded to be mortal wounds that would cause the death of
victim, and neither was I conclusively identified in the same report
or statement;

14. In paragraph 7 and Annex G of the

Complaint-Affidavit, it showed message exchange between the
victim and I, but have failed to include “emails” as indicated, and
the alleged “strained relationship” and “growing resentment” was
only based on a single event and can be controverted by our
interaction during the DVOREF Law Night on August 12, 2023 and
where we were seen beside each other during a group picture
taking hereto attached as “Annex 4” and as a corroborated by the
statements of Kenneth Fabula attached hereto as “Annex 5”

15. In paragraph 8 and Annex H, even after the lapse of

five (5) months from the death of the victim, I have not been invited
for questioning by the police which proves the fact that although I
was considered a person of interest, they no longer pursued my
questioning as the accusations were merely baseless;

16. Article 248 of the Revised Penal Code as amended

by Section 6 of RA 7659 provides as follows:

“Art. 248. Murder. – Any person who, not falling

within the provisions of Article 246 shall kill
another, shall be guilty of murder and shall be

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 punished by reclusion perpetua, to death if
committed with any of the following attendant
circumstances:
1. With treachery, taking advantage of superior
strength, with the aid of armed men, or
employing means to weaken the defense or of
means or persons to insure or afford impunity.
2. In consideration of a price, reward or
promise.
3. By means of inundation, fire, poison,
explosion, shipwreck, stranding of a vessel,
derailment or assault upon a railroad, fall of an
airship, or by means of motor vehicles, or with
the use of any other means involving great
waste and ruin.
4. On occasion of any of the calamities
enumerated in the preceding paragraph, or of
an earthquake, eruption of a volcano,
destructive cyclone, epidemic or other public
calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse.”

17. The Complaint-Affidavit failed to adduce any

material fact or circumstances which warrant the filing of
information for murder against my person, rather, it merely

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depended on circumstantial evidence which relied on my presence
at the scene of the crime and the previous disagreement between
me and the victim which have I have all substantially belied in this
Answer;

18. In sum, it is clear that there is insufficient evidence

to establish probable cause for the crime of murder.

IN WITNESS WHEREOF, I hereunto affix my signature

this 21st of January 2024 at Tacloban City.

APRIL LUZ S. ARANTE

Respondent
ID: Passport No. EB 363489

SUBSCRIBED AND SWORN TO before me this 21st day of

January 2024 at Tacloban City, Philippines. Respondent personally
known to me. I hereby certify that I have examined the herein
Respondent and that I am satisfied that he voluntarily executed
and understood the same.

ATTY. VICTORIA T. MALIHIM

Counsel for Respondent
M.H. Del Pilar St. Tacloban City
Roll of Attorneys No.5464641 - 19/7/22
IBP Lifetime No. 068742 - 3/17/22 – Tacloban Chapter
PTR. No. 25547 - 6/3/22 – Tacloban City
MCLE Compliance No. IV - 283420 - 11/27/2022

7
Doc. No.: 25
Page No.: 10
Book No.: 01
Series of 2024.

Copy furnished:

Atty. Lester Martin Dollantes

Assistant Provincial Prosecutor
Bulwagan ng Katarungan
Magsaysay Blvd., Tacloban City

Arnaldo B. Caspe
Complainant
Brgy. 77, Tacloban City

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 Annex “1”

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTION
Bulwagan ng Katarungan
Magsaysay Boulevard
Tacloban City, Leyte

ARNALDO B. CASPE,
Complainant,

-versus- NPS No.

VIII-01-24-00133/
For: MURDER

APRIL LUZ S. ARANTE,

Respondent,
X—----------------------------------------x

SUBPOENA

TO: MS. APRIL LUZ S. ARANTE

Brgy. 96 Calanipawan Road
Tacloban City

GREETINGS:

Under and by virtue of the authority vested in me by law, you

are hereby directed to submit your counter-affidavit and other

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supporting documents or affidavits of your witness/es if any, to be
sworn before me on January 30, 2024 at 2:00 o’clock in the
afternoon at the Office of the City Prosecution, Department of
Justice (DOJ), Tacloban City. Attached is a copy of the complaint
and other evidence submitted by the complainant.

You are hereby WARNED that failure on your part to comply

with the subpoena shall be considered as a waiver of your right to
present your defense and the case shall be considered for
resolution based on the evidence on record.

WITNESS MY HAND this 22nd day of December 2023, at

Tacloban City, Philippines.

DIN A. NATUTO
OIC - City Prosecutor

CERTIFICATE OF SERVICE

I hereby certify that a copy of the subpoena has been served

upon the aforementioned person this 16th day of January 2024.

ED E. DEE
Serving Officer

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Annex “2”

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14
15
16
17
18
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24
25
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Annex “3”

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 Annex “4”

A photograph captured during the Dvoref College of Law - Law

Night held on August 12, 2023. Alex Mabini is the 5th person from
the right wearing white polo shirt. While April Arante is 6th person
from the right, beside Alex Mabini. Both persons are beside each
other in the picture.

31
REPUBLIC OF THE PHILIPPINES )
CITY OF TACLOBAN ) SS.

AFFIDAVIT OF AUTHENTICATION

I, APRIL LUZ S. ARANTE, of legal age, Filipino, single, and a law

student at Dvoref College of Law and a resident of Jhalex
Compound, Brgy. 96 Calanipawan Road, Tacloban City, after being
duly sworn in accordance with law, do hereby depose and state as
follows:

1. I am executing this affidavit to affirm the authenticity of the

Photo captured during the Dvoref College of Law - Law Night
celebration held on August 12, 2023.

2. The said photo depicts Alex and me in a cordial and friendly

manner, disproving any suggestion of a strained relationship
between us.

3. I hereby confirm that the picture has not been tampered with
or altered in any way. The original photograph has been
preserved in its entirety, maintaining its integrity and
accuracy.

4. I am fully aware that making false statements under oath is a

criminal offense punishable by law. I declare under penalty of
perjury that the information provided in this affidavit is true
and correct to the best of my knowledge and belief.

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IN WITNESS WHEREOF, I have hereunto set my hand this 21st
day of January, 2024 at Tacloban, City

APRIL LUZ S. ARANTE

Affiant

SUBSCRIBED AND SWORN TO before me this 21st day of

January 2024 at Tacloban City, Philippines. Respondent personally
known to me. I hereby certify that I have examined the herein
Respondent and that I am satisfied that he voluntarily executed
and understood the same.

ATTY. VICTORIA T. MALIHIM

Counsel for Respondent
M.H. Del Pilar St. Tacloban City
Roll of Attorneys No.5464641 - 19/7/22
IBP Lifetime No. 068742 - 3/17/22 – Tacloban Chapter
PTR. No. 25547 - 6/3/22 – Tacloban City
MCLE Compliance No. IV - 283420 - 11/27/2022

Doc. No.: 27
Page No.: 16
Book No.: 01
Series of 2024.

33
 Annex “5”

Republic of the Philippines )

Tacloban City ) S.S.

AFFIDAVIT

I, KENNETH FABULA, of legal age, Filipino, single, a

resident of Barangay 63, Sagkahan, Tacloban City, Philippines,
after having been duly sworn to in accordance with law hereby
depose and state:
1. That I am a classmate of both Ms. April Luz S. Arante and
Mr. Alex Mabini;

2. That on August 12, 2023, I, together with Ms. April Luz S.

Arante and Mr. Alex Mabini, attended the DVOREF College
of Law Night 2023;

3. That on the said night, Ms. April Luz S. Arante and Mr.
Alex Mabini, received a recognition for bringing prestige and
honor to the school as they won 2nd place in a Moot Court
Competition they just recently joined;

4. That Ms. April Luz S. Arante and Mr. Alex Mabini had fun
that night;

5. That Ms. April Luz S. Arante and Mr. Alex Mabini were so
close and in fact, they were standing next to each other in

34
our group photo during the DVOREF College of Law Night
2023;

6. That Mr. Alex Mabini and Ms. April Luz S. Arante

maintained a good friendship contrary to Mr. Arnaldo
Caspe’s claim that they had a strained relationship;

7. That Ms. April Luz S. Arante does not have a growing

resentment against Mr. Alex Mabini;

8. That on August 14, 2023, Ms. April Luz S. Arante and I

have been together since our morning class which starts at
8:00 am and ends at 6:00 pm. After our classes, we decided
to have coffee and dinner at Good Alibi Cafe, which is only a
few steps outside the campus;

9. That on August 14, 2023, Ms. April Luz S. Arante

exhibited consistent behavior and she was in a good mood
and even mentioned being happy because of the recognition
she, together with Mr. Alex Mabini, had recently received;

10. After dinner, we decided to have an all-nighter in

preparation for our criminal law project. We departed at
around 9:20 pm to retrieve our belongings from each other’s
residences;

11. That Ms. April Luz S. Arante returned to the Good Alibi
Cafe at 10:10 in the evening; and

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 12. We proceeded to the Bo’s Coffee Shop at Palo, Leyte,
and commenced with our planned all-nighter in preparation
for our criminal law project.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 21st day of January 2024 in Tacloban City, Philippines.

KENNETH FABULA
Affiant

TIN: 341-880-020-000

SUBSCRIBED and SWORN to before me, this 21st day of

January 2024 in Tacloban City, Philippines, affiant exhibiting the
above- mentioned competent proof of identity and known to me to
be the same person who executed the foregoing document and
swore to me that the same is his free and voluntary act and deed.
Witness my hand and seal on the date and place
above-mentioned.

ATTY. VICTORIA T. MALIHIM

Counsel for Defendant
M.H. Del Pilar St. Tacloban City

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 Roll of Attorneys No.5464641 - 19/7/22
IBP Lifetime No. 068742 - 3/17/22 – Tacloban Chapter
PTR. No. 25547 - 6/3/22 – Tacloban City
MCLE Compliance No. IV - 283420 - 11/27/2022

Doc. No.: 231

Page No.: 43
Book No.: II
Series of 2024

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