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Republic of the Philippines

Department of Justice
5th Judicial Region
Zamboang City

-versus- 09999
For: Murder

Page 1 of 4
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I, RIKO D. TAMPO, 49 years old, married, and a

resident of Purok 1, Brgy. Sabang, Legazpi City, after having
been duly sworn to in accordance with law, hereby deposes
and says THAT:

1. I am the respondent in Criminal Case NPS DOCKET NO: V-

08-INQ-15B-09999 for the crime of Murder under
248 of the Revised Penal Code;

2. I am executing this Counter-Affidavit as a reply

and comment to the Complaint Affidavit of VANIE D.
PONTO and Affidavit of Witnesses, WENDY DULA
and BITOY GANCHO, who are under investigation by
this Honorable Office in connection with the death of TITO
D. PONTO after being shot on April 1, 2016.

3. On April 1, 2016 8:00 P.M., I was in Belarminco St., Legazpi

City, and I was at the store owned by one of
the prosecution witness, Wendy Dula, drinking a softdrink;

4. Also in the store were Bitoy Gancho and Tito D.

Ponto having a drinking session. I was invited by
Bitoy to join them but I declined because I was
already tired and I noticed that they were already drunk.

5. After drinking the soft drink I got up and walked towards

the vicinity of Belarmino St. when I heard a gunshot.
Fearing for my life I ran towards the Gov. Forbes St. and
towards my residence for safety;

6. I learned later that it was Tito D. Ponto who was the

person who was shot and killed during that shooting
incident when my wife told me about it when she
got home from the marketplace at around 8:40 pm
on that same day;

7. I knew Tito D. Ponto since we sometimes played “tong-its”


8. It is true that I and Tito D. Ponto had recently undergone

barangay conciliation for collection of sum I owed to him;

9. Although me and Tito had an argument during the

conciliation, I never said that I would kill the victim
and besides the cause of the argument was not of such
nature as to make me kill him;

10. I deny having shot and killed Tito D. Ponto.

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
…..conviction must rest on the strength of the
prosecution’s evidence and not on the
weakness of the defense.”


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 Zamboanga City,


SUBSCRIBED AND SWORN to before me this 4th day

of April, 2016 at Zamboanga City, Philippines and I
FURTHER CERTIFY that I have personally examined the affiant
and I am satisfied that she has read and personally
understood the contents of her foregoing “Complaint-

Assistance City Prosecutor
Roll No. 22441-2009
IBP No. 904627-2/3/12
PTR No. 532654 2/13/12;
Zamboanga City MCLE Compliance
0134501Issued on July 4, 2012

This is to certify that I have personally examined the

affiant and that I am satisfied that she voluntarily executed
and understand her statement herein.

Assistance City Prosecutor
Roll No. 22441-2009
IBP No. 904627-2/3/12
PTR No. 532654 2/13/12;
Zamboanga City MCLE Compliance
0134501Issued on July 4, 2012