Republic of the Philippines

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
LAOAG CITY

JIBOY SIRINO MATEO,

Complainant,
1-15-INQ-17H-00070
for
-versus- VIOLATION OF ART 250
(FRUSTRATED MURDER)

CHARWYN CACUT CALUMPIT,

Respondent.
x--------------------------------------------x

COUNTER-AFFIDAVIT

I, CHARWYN CACUT CALUMPIT, of legal age, married, Filipino and a

resident of San Antonio, Sta. Marcela, Cagayan, after having been sworn to

in accordance with law, :

1. On August 14, 2017, I received a copy of the subpoena directing me

to submit my counter affidavit within 10 days from receipt or August 24,

2017. I requested for an extension of 10 days, or until September 3, 2017.

However, September 3 falls on a Sunday, hence this counter affidavit.

2. The charge centers its allegation that at 12:30 in the morning of

August 13, 2017 at Brgy. 56-B, Bacsil SOuth, Laoag City, I shot complainant

JIBOY MATEO y SIRINO with a short firearm hitting his both thighs.

Allegedly, while Jiboy Mateo, together with one Eugene Cayetano were on

their way home from a drinking spree, they heard a gunshot in front of the

house of Artemio Calivo which prompted them to stop. Subsequently, I

allegedly approached them and shot Jiboy Mateo several times hitting his

both thighs which prompted him and Eugene Cayetano to run away.
3. I vehemently deny the accusations as it were false,concocted, and

malicious. The truth of the matter is set forth herein: On August 13, 2017,

at around seven o’clock in the evening, I, together with Recto Rangpas and

John Ray, went to the store to buy gin. Afterwards, we proceeded back to

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the house owned by my cousin Estrelita Calibo and her husband, Artemio

Calibo situated at Brgy 56-B, Bacsil South, Laoag CIty, Ilocos Norte where I

was staying for a three-day vacation that time. At around nine o’clock, we

were already finished drinking and we all went to sleep. Recto Rangpas slept

in the basement while John Ray and I slept outside the house. John Ray

stayed and slept in my car which at that time was parked in front of the

house. On the other hand, I slept on a duyan which was hanging also at the

front portion of the house. At around 12:30 in the morning, while everyone,

including me, were already sleeping, I was awakened by a loud noise coming

from a motorcycle. I also heard voices shouting which prompted me to stand

up to see what was happening. There, I saw two men later on identified to

be Jiboy Mateo and Eugene Natividad riding the motorcycle which was then

right in front of the house of Estelita and Artemio Calibo. I heard the two

continuously shouting in a rude manner, uttering the words “Yotninayo sinot

natangken idta?” and “Yotninayo sinot mangayat makikabil?”. Subsquently, I

went near them and and noticed that they were intoxicated from alcohol. I

confronted them and asked them to stop making noises as they were

already disturbing people who were already asleep saying “Agtalna kayo

man nga agringgo ringgor ket matmaturog amin nga taon!” to which Jiboy

Mateo answered with “Yotninayo uray pinnatayan!”. At this point, the two

already alighted from the motorcycle. Mateo then came near me and said

“Apay yotninam asinno ka?! Kayat mot matay?” and simultaneously pulled

out something from his back which I later on eyed as a gun. He

subsequently pointed the gun at me. Quickly, I tried to get the gun from

him. While I was trying to take possession of the gun from Mateo, I saw

Natividad, out of the corner of my eye, pulling out something from his back

which turned out to be a knife. Fearing for my life and what could happen, I

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exerted more effort to get the gun from Mateo. Simultaneously at the time

when I successfully took possession of the gun, Natividad tried to attack me

by pointing the knife at me in an already stabbing position. Subsequently,

Mateo also took out a swiss knife from his pocket. I tried to run away from

them but I tripped and fell. The two then walked quickly towards me with

Natividad uttering the words “Torpe ka nalpas ka metten!” with their knives

held high, already ready to attack. Immensely afraid of what could ensue

and left with barely a choice, I fired the gun at the two, which hit Mateo.

RIght after the shot was made, Natividad quickly ran away, leaving Mateo at

the spot where he fell. Shocked of what just transpired, I dropped the gun

and immediately went back inside the house.

4. Complainant concealed what actually transpired during that time of

the incident. Contrary to what complainant Mateo narrated, the gun that was

used in the shooting was actually owned and possessed by him. There was

no reason for me to possess a gun at that time because I was merely on a

vacation from Apayao, and I only intended to spend time with my family.

Moreover, as a retired member of the AFP, I have always been a

responsible, mature and sensible possessor of firearms. In fact, I never had

any bad records that would show otherwise. I was only constrained to do

what I did given the circumstances. Following the instinct of self-

preservation, I was only compelled to resort to a proper and reasonable

defense.
5. Another point,

1. Complainant twisted the real scenario. It was him who appeared rude when he confronted

me about the issue that I do not fear any barangay official. To remind him, I am not a person

who instills disrespect to our barangay officials. There is no reason to do it. It becomes

unbelievable that assuming that I really do not fear any barangay official, that issue is very

petty to convert the same into trouble;

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2. In his attempt to conceal the truth, complainant made it appear that they planned to go

fishing at the bolo river and that we were there ahead of them. However, they had no

materials for fishing. As observed, complainant and his companions planned not of going to

fish but of intending to make trouble with me. Why in so many places complainant would

confront me in the bolo river regarding the issue? If he really was a professional, he being a

BFAT and barangay tanod, should have confronted me in the proper place;

3. In another point, complainant made it appear that he walked away from me after an

argument ensued “to avoid” a trouble. This is another brazen lie. It was him who provoked a

trouble. He was very rude when he confronted me saying “Ana ti kunam nga awan

kabutbuteng mo a tanod! Kayat mo ta patayen ka! and simultaneously

giving an attempt to hit me using his crowbar (bareta). He started all

it all;

4. The trouble was further substantiated by his two companions who successfully hit me with

a stone when I tried walking away from the complainant. Since I was hit in my head, I fell

down to the ground, that was the opportunity when complainant tried attacking me with his

crowbar shouting “Intay patayenen! But before he could hit me, I was able to stand up and

evaded his attempt of hitting me with his crowbar. That was also my opportunity of

upholding the principle of self-preservation, for which reason, I hacked him to downgrade

his effort for an another attempt. My act was a self-defense;

5. According to the complainant, I chased him when he was walking away from me and hacked

him at his back hitting him at his right shoulder. This is beyond human experience. I am a

left-handed, and if I was holding my bolo with my left hand and that I was at the back of the

complainant then he could have been hit in his left shoulder. It is quite not feasible that

despite the positions we had, I still harmed him in his right shoulder when I could have

harmed him in his left shoulder;

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 6. Complainant had a crowbar in his possession. It was the reason why I used my bolo to repel

the danger that may have brought about by said crowbar. Had I not used my bolo, I should

have died already considering that the crowbar may have slashed my stomach and other

body parts. The incident was witnessed by no less than the father of my live-in partner,

Elarde Dalere whose sworn statement denominated as Nasapataan a Palawag is hereto

attached as Annex “1”;

7. Complainant has just confirmed that it was him who did the wrong thing. As observed, he is

so proud of telling the whole world that he is a Brgy. Tanod/BPATS but his narration speaks

well of his unprofessionalism when he knew all the way that the place where the

confrontation took place was not the proper place and the moment it was done was not the

proper time. Such act of the complainant affirms that it was him who initiated the trouble

the fact that he was unprofessionalism in the first instance. It could have not been

impossible for a third person to think that he was the instigator of the trouble;

8. All told, the complaint must fail. The narration of the complainant and his witnesses does

not conform to human experience. Apart from that, they are false, concocted and malicious.

IN WITNESS WHEREOF, I have hereunto set my hand this 3rd of May 2016 at Laoag City,
Philippines.

EDMAR MARINAS
Respondent

VERIFICATION

I, EDMAR MARINAS, of legal age, single and a resident of Purok

Maligaya, Brgy. San Isidro, Dumalneg, Ilocos Norte, under oath states that:
I am the respondent in the above-captioned complaint; I have caused the
preparation of the foregoing Counter-Affidavit; I have read all the allegations
therein which are all true and correct of my own personal knowledge and
based on authentic records.

IN WITNESS WHEREOF, I have hereunto set my hand this 3 rd of May

2016 at Laoag City, Philippines.

EDMAR MARINAS

SUBSCRIBED AND SWORN to before me

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3rd of May 2016 at Laoag City, Philippines, affiant exhibiting to me his
Philhealth ID bearing 04-200307975-3.

Doc. No: 285;

Page No: 57;
Book No: CCVIII;
Series of 2016.

Copy Furnished:
BLADYMEAR D. SUNIGA
Brgy. San Isidro, Dumalneg
Ilocos Norte
REPUBLIC OF THE PHILIPPINES)
LAOAG CITY………………………………) S.C

NASAPATAAN A PALAWAG

Siak, ni ELARDE DALERE, nataengan ken residente iti Brgy. San

Isidro, Dumalneg, Ilocos Norte, Philippines, ket innak ipalawag dagiti
sumaganad:

1. Am-ammok ni Edmar Marinas ta isuna ti live-in partner iti anak ko;

2. Am-ammok met ni Bladymear Suniga ta kalugaran mi ken maysa

isuna nga barangay tanod ti lugar mi;

3. Idi petsa Pebrero 27, 2016 oras ngata ti 11:00 iti bigat, nagturong
kami kenni Edmar iti bantay tapnon ingkami agmula yanti municipal
nursery ti Dumalneg. Idin ta nadanon mi ti bolo river, naginana kami
tapnon urayen mi dagiti dwa pay nga kadwa mi nga mapan ti bantay.
Iti haan a mabayag, dimmateng ti tallo a lallalki nga da Bladymear
Suniga, Christopher Suniga ken Edmar Suniga pagamwam ta umay
met dumuklos ni Bladymear ren kenni Edmar nga nakarungrungsot
imnugkaw na kenni edmar iti kasty “Ana ti kunam nga awan
kabutbuteng mo a tanod! Kayat mo ta patayen ka! and attempting to
hit Edmar with his crowbar (bareta). Edmar ran but fell to the ground
after he was hit by a stone thrown by Christopher Suniga. Bladymear
ran towarsd Edmar and said “Intay patayenen! holding his crowbar.
Edmar was able to stand up, and was able to evade the attempt of
Bladymear. Edmar had to use his bolo to defend himself and to repel
an attempt again from Bladymear;

4. Siaannamong nak nga mangiperma iti nagan ko iti baba ita a petsa,
May 3, 2016 ditoy ili iti Laoag, Ilocos Norte.

ELARDE DALERE
Affiant

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 SUBSCRIBED AND SWORN to before me this _______________ at
Laoag City, Philippines.

Doc. No: 286;

Page No: 58;
Book No: CCVIII;
Series of 2016.