Counter Affidavit

Republic of the Philippines
DEPARTMENT OF JUSTICE
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
City of Baguio
FABIAN A. BUENAVENTURA, I.S.

No.______
Complainant,
FOR: PARRICIDE
-versus- (Art. 246, Revised Penal
Code)
JOSEPH M. BUENAVENTURA,
Respondent.
x---------------------------------x
COUNTER-AFFIDAVIT
I, JOSEPH M. BUENAVENTURA, 32 years old, married and

residing at 08 Caguioa Street, Baguio City, after having been
sworn to in accordance with law hereby depose and state:
1. I am the Respondent in Criminal Case No. __ for the crime of

PARRICIDE under Article 246 of the Revised Penal Code;
2. I am employed as a Manager of Eateria Bliss Restaurant
located at Upper Session Road, Baguio City since January 27,
2003, which is owned by our family;
3. I admit the allegations that the belt used for the perpetration
of the crime belongs to me;
4. I deny allegations that I was with my mother, father, my wife
and two children coming home from attending mass at
Baguio Cathedral on January 1, 2017; I had an altercation
with my mother by the porch early morning of January 1,
2017; and my father called me and my wife on the phone
but no response were made; for lack of knowledge as to the
truth of allegations, the truth being that:
a. On or about 10 oclock in the evening of December 30,
2016, me, my wife and two children travelled to Palaui
Island, Sta. Ana, Cagayan together with my brother-in-law
Durian Dimaamoy using his car;
b. That the reason for such trip is to spend New Years Eve
with my in-laws because they havent seen their daughter
and grandchildren for a long time;
c. That my parents even assisted us in our departure and bid
farewell;
d. That on or about 12 noon of December 31, 2016, we
arrived at my in-laws house;
e. That after having our lunch, we immediately prepared the
foods for New Years Eve;
f. That on New Years Eve and New Year came, we were not
able to communicate our greetings to my greetings at
Baguio City and have not received any call or text
message from anyone as there is poor reception of signal
considering that the place is remote;
g. That on or about 6 oclock in the morning of January 2,
2017, we left Palaui Island, Sta. Ana, Cagayan to travel
home;
h. That around 8am while en route to Sta. Ana Town Proper,
Cagayan , all of our phones started ringing due to several
text messages received simultaneously and most of the
text messages that we received expressed their
condolences for my mother;
i. That immediately, I called my father but his phone was
unattended, prompting me to call my childhood friend
who happens to be my neighbor and confirmed to me that
my mother was killed and was currently in St. Peter
Funeral Chapel for her wake and that my father accuses
me as the suspect;
j. That I was shock of the incident and after a thorough
thought of the incident, me and my wife decided to have
my wife and children stay first to my brother-in-laws
house in 49-B Rimando Road, Aurora Hill, Baguio City for
safety purposes;
k. That it is physically impossible for me to commit the crime
charged because I had been in Palaui Island, Sta. Ana,
Cagayan since December 31, 2016;
l. That the last time I was in our house was on the evening
of December 30,2016 ;
5. The allegations stated in the Affidavit-Complaint are mere
malicious fabrications by the complainant which may have
been spurred by the (Pakidagdagan po )
6. I am executing this Counter-Affidavit for the purpose of
attesting to the truth of the foregoing statements, to inform
the proper authorities of the above facts, to support my
prayer for the dropping or dismissal of the instant case
against me and for whatever purpose this may serve best.
IN WITNESS WHEREOF, I have hereunto set my hand this 9th

day of February, 2017 at Baguio City, Philippines.
JOSEPH M. BUENAVENTURA
(AFFIANT)
SUBSCRIBED AND SWORN TO BEFORE ME, a notary

public for and in the City of Baguio on February 7, 2017. Affiant
having appeared before me in person and is identified by me
through his Community Tax No. 123 issued on January 13, 2017
in Baguio City, known to me as the same person who
personally signed the foregoing instrument before me and
avowed under penalty of law to the whole truth of the contents
of said instrument.
ATTY. MAE DANDA D. POSERIO

Notary Public for Baguio City
2 flr. Pashneia Bldg., Southdrive Rd.,Baguio City
nd
Appointment No. 4556 Until December 31, 2017

IBP No. 464356; 10/08/15; Baguio City
PTR No. 3463235; 10/08/15; Baguio City
Roll No. 457462; 06/12/05
MCLE No .II-0124; 04/01/2016
Doc No. 34;

Page No. 24;
Book No. III;
Series of 2017.
ATTESTATION
I, Atty. Maria B. Salamat-Alamat, of legal age, Filipino, with

postal address at Office of the City Prosecutors Office- City of
Baguio, located at Baguio City Hall, City Hall Drive., Baguio 2600,
after being duly sworn depose and state that:
i. I conducted the examination of Joseph Buenaventura

for I.S. No. _____ entitled Fabian Buenaventura versus
Joseph Buenaventura for Parricide at my
aforementioned postal address;
ii. I have faithfully recorded or caused to be recorded the
question I asked and the corresponding answer that the
complainant gave;
iii. Neither I nor any other person then present or assisting
him, coached the complainant regarding his answers.
IN WITNESS WHEREOF, I have hereunto set my hand this 9th

day of February, 2017 at Baguio City, Philippines.
Atty. Maria B. Salamat-

Alamat
Roll No. 1566; 01/18/2012
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public for
and in the City of Baguio on February 7, 2017. Affiant having
appeared before me in person and is identified by me through his
Community Tax No. 123 issued on January 13, 2017 in Baguio
City, known to me as the same person who personally signed the
foregoing instrument before me and avowed under penalty of law
to the whole truth of the contents of said instrument.
ATTY. MAE DANDA D. POSERIO

Notary Public for Baguio City
2nd flr. Pashneia Bldg., Southdrive Rd.,Baguio City
Appointment No. 4556 Until December 31, 2017
Roll No. 457462; 06/12/05
MCLE No .II-0124; 04/01/2016
Doc No. 35;

Page No. 24;
Book No. III;
Series of 2017.

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Republic of the Philippines

FABIAN A. BUENAVENTURA, I.S.

I, JOSEPH M. BUENAVENTURA, 32 years old, married and

1. I am the Respondent in Criminal Case No. __ for the crime of

IN WITNESS WHEREOF, I have hereunto set my hand this 9th

SUBSCRIBED AND SWORN TO BEFORE ME, a notary

ATTY. MAE DANDA D. POSERIO

Appointment No. 4556 Until December 31, 2017

Doc No. 34;

I, Atty. Maria B. Salamat-Alamat, of legal age, Filipino, with

i. I conducted the examination of Joseph Buenaventura

IN WITNESS WHEREOF, I have hereunto set my hand this 9th

Atty. Maria B. Salamat-

ATTY. MAE DANDA D. POSERIO

Doc No. 35;

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