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Republic of the Philippines


9th Judicial Region
Branch 00
Pagadian City



-versus- -for-


Accused. (under Art. 266, Par. 1 of the RPC)


Accused, assisted by undersigned counsel, unto the Honorable Court,

most respectfully submits his Counter-Affidavit and states:

Accused, GI BALI KO., is of legal age, single and a resident of Purok

Lisod, Barangay Pistola, Pagadian City after having been duly sworn to in
accordance with law, hereby deposes and states;THAT-

1. Accused is the accused in the above-entitled case pending before the

Honorable Court. He received the order dated 24 October 2017,
requiring him to submit his Counter-Affidavit in relation to the
above-entitled case, thus accused has until 4 December 2017 to
submit the same;

2. On the outset, accused was the referee of a championship basketball

game between Barangay Granada and Barangay Pantad played on a
fiesta in Purok Lisod, Barangay Pistola Pagadian City;

3. While in the second quarter of the game, Accused noticed that

Private Complainant, already intoxicated, who was a visitor of the
fiesta in Purok Lisod, was complaining of how the Accused was
making decisions for the game;

4. Despite that Accused did not bother to what Private Complainant

was complaining about and continued refereeing the game. In the
third quarter of the game, Private Complainant was shouting aloud
and over and over complaining about how Accused refereed the
game to the point in time that Accused was annoyed and angrily
answered the Private Complainant;
5. Right thereafter, private complainant, who was at the balcony in the
house of Accused’s neighbor which is just behind one of the court’s
basketball ring, jump from the balcony and assaulted the Accused;

6. Accused was deflecting the punches thrown by the Private

Complainant to the former, however, the latter was persistent of
throwing punches to the point that Accused lost his temper and
retaliated. Accused thrown one punch only to the Private
Complainant and hit the latter on his face. This caused the Private
Complainant to fall down on the ground, Accused refrained from
further hitting the Private Complainant but the latter tried to stand up
and attack the accused but the people around them pacified them;

7. After being pacified, Private Complainant was requested to leave the

area of which he did. Thereafter, Accused continued refereeing the

8. Few days after the incident, after accused post a bond for his
temporary liberty after being detained because of the incident,
Private Complainant and Accused settled their differences and
forgave each other. Private Complainant agreed to desist from
further prosecuting the instant case and will no longer testify against
the Accused; (hereto attached and marked as Annex “A” is copy of
the Affidavit of Desistance of the Private Complainant)

9. Accused is executing this counter-affidavit to attest to the

truthfulness and veracity of the forgoing;

10.Further, Accused is executing this Counter-Affidavit to pray before

the Honorable Court to dismiss this instant case against him.

In witness whereof, Accused hereunto affix his signature and stamp

his right-hand thumb mark this 1 December 2017, in Pagadian City,


Subscribed and sworn to before me this 1 December 2017, in

Pagadian City Philippines. This is to certify further that I have personally
examined the affiant and I am satisfied that he voluntarily executed and
understood the contents of his Counter-Affidavit.

Wherefore, premises considered, it is most respectfully prayed

before the Honorable Court to dismiss the case against the Accused.
Other reliefs are likewise prayed for.

Respectfully submitted this 56 December 2017, in Pagadian City,


Copy Furnished:

City Prosecution Office _____________________

Pagadian City