Counter-Affidavit: Complainant FOR: Serious Physical Injuries and Grave

COUNTER - AFFIDAVIT
CRUZ VERSUS CRUZ

FOR: MURDER
Republic of the Philippines

OFFICE OF THE CITY PROSECUTOR
Ozamiz City
JANE CRUZ, NPS NO.____________

Complainant FOR: Serious Physical Injuries and Grave
Scandal

-versus-

JOHN CRUZ,
Respondents.
x----------------------------------x
COUNTER-AFFIDAVIT
PREFATORY STATEMENT
This is the counter-affidavit of respondent, JOHN CRUZ,

Filipino, of legal age, married and a resident of P2, Aguada, Ozamiz
City. The statements were taken and recorded based on the
examination made by Atty. Andrea Bonifacio, Notary Public for
Ozamiz at the office of the same lawyer on _____________.
The complainant answered under oath in the English language

and had sworn that he understood his statements made here and
stands for their veracity. He was made aware that he made these
statements under oath and fully conscious that he may face criminal
liability for false testimony or perjury.
The following questions and answers were asked and recorded:
QUESTION 1: Please state your name, age, civil status, occupation

and present address.
ANSWER 1: I am John Cruz, of legal age, married, a Police
officer and a resident of P2, Aguada, Ozamiz City.
QUESTION 2: What brought you to this office?

1
ANSWER 2: I am going to make a counter-affidavit.

Page
COUNTER - AFFIDAVIT
CRUZ VERSUS CRUZ
FOR: MURDER
QUESTION 3: In which language do you prefer your affidavit to

be made?
ANSWER 3: In English.
QUESTION 4: What is the purpose of the affidavit?

ANSWER 4: It is for the vehement denial all the charges against
me filed by the Complainant.
QUESTION 5: Are you aware that you are only to tell the truth and
nothing but the truth and any false testimony you
make will make you criminally liable?
ANSWER 5: Yes, ma’am.
QUESTION 6: Who is this Jane Cruz?
ANSWER 6: She was the wife of a distant relative. Prior to this
incredible accusation, Jane Cruz had already filed
several complaints against me. These include a
complaint for Tumults and Other Disturbances of
Public Order, a complaint for Grave Threats, and a
complaint for Malicious Mischief. These complaints
have either been dismissed, or in the process of
being dismissed.
QUESTION 7: Where were you at the time of the incident?

ANSWER 7: I was responding to an emergency call nearby her
place.
QUESTION 8: Were you there at the scene during that time?

ANSWER 8: No, ma’am
2
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COUNTER - AFFIDAVIT
CRUZ VERSUS CRUZ
FOR: MURDER
QUESTION 9: What did you do right after you responded?

ANSWER 9: I went to my house to drink water since my house is
near the place where I responded. Then, I went
directly to the station to report the incident.
QUESTION 10: Are you aware that you made these statements
under oath and fully conscious that you may face
criminal liability for false testimony or perjury?
QUESTION 11: Are you willing to affix your signature here in order
to prove that you have voluntarily made this
affidavit and also understood the contents herein?
QUESTION 12: Is there anything else that you wish to say?

ANSWER 12: None at the moment, ma’am.
x------END OF INQUIRY------x
Republic of the Philippines )

Ozamiz City ) S.S.
AFFIANT’S OATH AND ATTESTATION
I, JOHN CRUZ, Filipino, of legal capacity and competence to

comprehend without any vice of consent, hereby attest to have
voluntarily and truthfully made the answers to the foregoing
questions.
IN WITNESS WHEREOF, I have hereunto affixed my signature
3
this day, ____________________, in Ozamizn City, Philippines.

Page
COUNTER - AFFIDAVIT
CRUZ VERSUS CRUZ
FOR: MURDER
JOHN CRUZ
Affiant
SUBSCRIBED AND SWORN to before me, this day,

_______________, in Ozamiz City, Philippines, affiant being
personally known to me.
Doc. No.:____
Page No.:____
Book No.:____
Series of 2017.
EXAMINING LAWYER’S SWORN ATTESTATION
I, ATTY. ANDREA BONIFACIO, Filipino, of legal age, single,

a member in good standing of the Integrated Bar of the Philippines,
Leyte Chapter and with office address at Bacolod, Ozamiz City,
hereby depose under oath that:
1. I have faithfully recorded or cause to be recorded in my

laptop computer the questions I have asked to the above
witness and the corresponding answer that the witness gave;
and
2. I have not nor any person present assisted or coached the
4
witness regarding the latter’s answers.

Page
COUNTER - AFFIDAVIT
CRUZ VERSUS CRUZ
FOR: MURDER
IN WITNESS WHEREOF, I have hereunto affixed my signature

this day, _______________, in the City of Ozamiz, Philippines.
ATTY. ANDREA BONIFACIO

Affiant
SUBSCRIBED AND SWORN to before me this day,

________________, in the City of Ozamiz, Philippines, affiant being
personally known to me.
Doc. No.:____
Page No.:____
Book No.:____
Series of 2017.
5
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COUNTER - AFFIDAVIT

CRUZ VERSUS CRUZ

Republic of the Philippines

JANE CRUZ, NPS NO.____________

This is the counter-affidavit of respondent, JOHN CRUZ,

The complainant answered under oath in the English language

The following questions and answers were asked and recorded:

QUESTION 1: Please state your name, age, civil status, occupation

QUESTION 2: What brought you to this office?

ANSWER 2: I am going to make a counter-affidavit.

QUESTION 3: In which language do you prefer your affidavit to

QUESTION 4: What is the purpose of the affidavit?

QUESTION 6: Who is this Jane Cruz?

ANSWER 6: She was the wife of a distant relative. Prior to this

incredible accusation, Jane Cruz had already filed

several complaints against me. These include a

complaint for Tumults and Other Disturbances of

Public Order, a complaint for Grave Threats, and a

complaint for Malicious Mischief. These complaints

have either been dismissed, or in the process of

QUESTION 7: Where were you at the time of the incident?

QUESTION 8: Were you there at the scene during that time?

QUESTION 9: What did you do right after you responded?

QUESTION 12: Is there anything else that you wish to say?

Republic of the Philippines )

AFFIANT’S OATH AND ATTESTATION

I, JOHN CRUZ, Filipino, of legal capacity and competence to

this day, ____________________, in Ozamizn City, Philippines.

SUBSCRIBED AND SWORN to before me, this day,

EXAMINING LAWYER’S SWORN ATTESTATION

I, ATTY. ANDREA BONIFACIO, Filipino, of legal age, single,

1. I have faithfully recorded or cause to be recorded in my

witness regarding the latter’s answers.

IN WITNESS WHEREOF, I have hereunto affixed my signature

ATTY. ANDREA BONIFACIO

SUBSCRIBED AND SWORN to before me this day,

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