REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

10
th
Judicial Region
BRANCH 29
City of Surigao


PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 009911
-versus- FOR: Murder

EDWIN RAMOS,
Accused.
x-----------------------------------x

COUNTER-AFFIDAVIT

Defendant, by the undersigned attorney and to this honorable court, respectfully
avers:
1. That he is the accused in Criminal Case No. 009911 for the crime of Murder
under Article 248 of the Revised Penal Code;

2. That on November 30,2013 at around 7:30 pm, he was in Gonzales St.,
Surigao City, and that he was at the store owned by one of the prosecution
witness, Daisy Labastida, drinking a so drink;

3. That after drinking the soft drink he got up and walked towards the vicinity
of Roxas St. when he heard a gunshot. Fearing for his life he ran towards
Roxas St. and towards his residence for safety;

4. That he learned later that it was Donald Cuabo who was the person who was
shot and killed during that shooting incident when his wife told him about it
when she got home from the marketplace at around 8:40 pm on that same
day;

5. That he knew Donald Cuabo since they sometimes played poker together;

6. That it is true that he and Donald Cuabo had recently had an argument while
they were playing poker because the victim accused him of cheating during
a game;


7. That although he and the victim in this case had an argument, he never said
that he would kill the victim and besides the cause of the argument was not
of such nature as to make him kill the victim;

8. That he denies having shot and killed Donald Cuabo.
Relevant Law and Case Law:
1. The Rules of Court of the Philippines, Rule 133, Sec. 2 provides:
Proof beyond reasonable doubt In a criminal case, the accused is entitled to
acquittal unless
his guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt. Proof
beyond reasonable doubt does not mean such a degree of proof as, excluding the
possibility of error, produces absolute certainty. Moral certainty only is required,
or that degree of proof which produces conviction in an unprejudiced mind.

2. The Supreme Court, in the case of People v. Maraorao, June 20,2012 has
held that:

In every criminal prosecution, the state must prove beyond reasonable doubt,
all the elements of the crime charged and the complicity or participation of the
accused ..conviction must rest on the strength of the prosecutions evidence and
not on the weakness of the defense.

P R A Y E R

WHEREFORE, premises considered, it is respectfully prayed that the instant
criminal complaint be DISMISSED for lack of merit.

Further, the respondents respectfully pray for such and other reliefs as may be
deemed just and equitable in the premises.
IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of
December, 2013 at Surigao City, Philippines.

EDWIN RAMOS
Affiant

SUBSCRIBED AND SWORN TO before me this 6th day of December, 2013
in Surigao City, Philippines.

CLAYTON M. DELGADO
Assistant City Prosecutor