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Clemente Angel B. Sarte1 MCriminal Complaint

Republic of the Philippines

OFFICE OF THE CITY PROCECUTORManila City

JOHNNIE DOE,Complainant,

I.S. No. XVII-14-INV-IIC-00303- versus - For: Perjury

LOUIS DOE,Respondent.

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COUNTER-AFFIDAVIT

I, LOUIS DOE, of legal age, Filipino, Married, and with office address

at No. 77 Dapitan Street, Sampaloc, Manila, after having been sworn in

accordance with law, and in answer to the complaint of JOHNNIE DOE, in

the above entitled case, hereby depose and say:

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

2. That I am being accused of the crime of MURDER for stabbingone JOHN DOE;

3. That I admit of having stabbed JOHN DOE but only on the right

thigh which does not constitute a mortal wound as evidenced by

the death certificate of deceased hereto attached as ANNEX A;

4. That I having done so in order for JOHN DOE to be unable to play

the game 7 of the basketball championship game the following day

where his nonappearance will definitely lead to the loss of the

Miami Heat;


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5. That I have bet my life savings and house and lot in a game of

chance to their opponent, San Antonio Spurs as provided by the

ticket hereto asANNEX B;

6. That the cause of death of JOHN DOE was due to nosocomial

pneumonia or hospital-acquired pneumonia because of the clinical

negligence of the hospital;

7. That nosocomial pneumonia refers to any pneumonia contracted

by a patient during his stay at a hospital;

8. That upon stabbing the deceased I quickly ran away but

surrendered myself to the authorities 48 hours later;

9. That the deceased was healthy at the time of the stabbing and has

no other compelling reason for him to catch pneumonia;

I. Mit igating Circumstances

10. That I having stabbed JOHN DOE without deliberate intent to kill

him but only to disable him from playing basketball the following

day. Having done so, I request the Honorable court to the

mitigating circumstance of lack of intent to commit so grave a

wrong;

11. That 48 hours after the stabbing, I surrendered myself with my

own volition having been feeling guilty and remorseful for the

incident, I also request for the Honorable court for the mitigating

circumstance of voluntary surrender;

II. Lack of evidence showing intent of ki l l ing

12. That my intent is evidenced by location of the stab wound which is

in his right thigh;


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13. That if there was really intent to kill the deceased I would have

stabbed him in a location that would ensure his death;

14. That the wound inflicted is not a mortal one hence the death of

the deceased would not have necessarily lead to his death;

15. That I am liable only for the crime of Serious Physical Injuries;

16. In criminal actions, it is fundamental that the criminal act be

proven beyond reasonable doubt;

17. That the same was not proven beyond reasonable doubt;

18. I execute this counter-affidavit to attest to the truth of the

foregoing and in support of the prayer for the DISMISSAL of the

complaint for lack of evidence.

IN WITNESS WHEREFOR, I have hereunto affixed my signature this

23thday of September 2014 in Quezon City.

____________________

LOUIS DOE

Affiant

SUBSCRIBED AND SWORN to before me this 24th day of

September 2014 with Affiant personally appearing before me and afterexamining him have so declared and stated under oath that the foregoing

statements and allegations are true and correct of his own personal

knowledge.

_______________________

ASST. CITY PROSECUTOR

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