Republic of the Philippines
DEPARTMENT OF JUSTICE
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Hall of Justice, Maasin City, Southern Leyte
(Name of Complainant) NPS Docket No.11 -05-INV-21A-00063
Complainant For: Physical Injury in relation to
Republic Act 7610
-versus-
(Name of Respondents)
Respondents
x----------------------------------------x
J O I N T C O U N T E R- A F F I D A V I T
We, ___________________________ and _____________________ after having been
duly sworn to in accordance with law, hereby depose and state THAT:
1. We are the accused in the above-entitled case charged with the crime of PHYSICAL
INJURY in relation to RA 7610 ;
2. We vehemently deny all the material allegations leveled against us in the Criminal
Complaint, it being false, malicious and fabricated;
3. In the Criminal Complaint filed, it was alleged that while pacifying the complainant,
we willfully unlawfully and feloniously inflicted physically abused the private
complainant, __________NAME OF PRIVATE COMPLAINANTs_________;
4. The truth of the matter are as follows:
4.1 That I, _____________ was getting ready to go on-duty in the discussing personal
matters we a commotion and rushed to barangay. My fellow tanod ,Raymond arrived and
while we are where the altercation was taking place and pacified the situation. On the
allegation that I punched Stephany's back, I did not intentionally caused physical harm to
her nor willfully inflicted injury on unjustifiable grounds. As a matter of duty and
responsibility of being an officer of peace and order, I only did what I thought is needed
to immediately pacify the situation and avoid further injury on both residents even if I may
have used my strength on separating the two of them.
4.2 That I, _____________ witnessed the altercation between ______________ as well as
between ________________. I was there at the place of incident having a simple gathering
with my friends. The allegation that I pulled her hair is false since I was with my boyfriend,
Julian, the whole time of the altercation. There is no way for me to commit any of the acts
indicated in the complaint. After the arrival of the Barangay Tanod, we were relieved
when they pacified the altercation.
5. On the basis of the foregoing, the reasonable probability of the undersigned's
commission of the alleged crimes were not sufficiently established by the private
complainant. I, ______________, as a Barangay Tanod, acted ad responded not to
deliberately cause physical harm and abuse __________. It’s worthy to note that in
pursuance of my duty as a Barangay Tanod , it is within my responsibility to promote
peace and order in the barangay as well as prevent child abuse in every way I can.
Likewise, I , ________________, as responsible resident of Barangay Patul, was not
willfully and voluntarily involved in the altercation as proved on the attached affidavit of
witness Julian who is alongside with me during the incident. I was only present as a
witness on the altercation and not as part of such incident. Hence, the case against the
undersigned should be dismissed.
6. In support hereof we are attaching herewith the copy of the affidavit of _______ and
___________ as "ANNEX 1" and "ANNEX 2" respectively
7. That we are executing this affidavit to attest to the truth of the foregoing facts
WHEREFORE, it is most humbly prayed that the Honorable Court may be pleased to
dismiss the complaint and pass such further or other orders as this Honorable Court may deem fit
and proper in the facts and circumstances of the case and thus render justice.
IN WITNESS WHEREOF, we hereunto set our hand this 2nd day of February 2021 at
Santiago City, Isabela.
Affiant 1 Affiant 2
Affiant Affiant
SUBSCRIBED AND SWORN TO before me this 2nd day of February 2021 at Maasin
City, Southern Leyte, affiants being personally known to me.
_______________
Notary Public
Doc.No. ____;
Page No. ___;
Book No. ____;
Series of 2024
ANNEX 1
(Name of Complainant)
Complainant
-versus-
(Name of Respondents)
Respondents
x----------------------------------x
AFFIDAVIT OF WITNESS
I, _______________________________________________, after having been duly
sworn in accordance with law, hereby deposes and state THAT:
1) I am a Barangay Tanod of Barangay Patul, Santiago City.
2) That I went to the house of _________ to discuss some personal matters
3) While discussing, we heard a commotion and immediately went to the place where the
incident is taking place
4) We pacified the altercation immediately bounded by our duty to uphold peace and
order in our Barangay.
5) The allegation that _______ punched the back of Stephany was not on the intention to
cause physical harm but in furtherance of separating the two from fighting and pacify the
situation immediately.
I executed this affidavit to attest the truthfulness of the foregoing facts and to support the
filing of Counter-Affidavit of Physical Injuries in relation to $RA7610$ of Byron, the respondent.
IN WITNESS WHEREOF, hereby affix my signature this 2nd day of February 2021 in
Santiago City, Isabela.
(Name of Affiant)
Affiant
SUBSCRIBED AND SWORN TO before me 2nd day of February 2021 in Maasin City ,
Southern Leyte, exhibiting to me his Valid ID Number _______________ issued on
______________at ___________. I HEREBY CERTIFY that I have personally examined the
herein affiant and I am satisfied that he has personally executed same.
_______________
Notary Public
Doc. No. ____;
Page No. ___;
Book No. _____;
Series of 2024
