DEPARTMENT OF JUSTICE OFFICE OF THE CITY PROSECUTOR ILOILO CITY PEVI MAE P. JALIPA -VERSUSI.S. No. 1234 FOR: Rape DONI JUNE V. ALMIO x------------------------------------------------------------------------------------------------x I, Doni June V. Almio, of legal age, Filipino citizen and a resident of Mandurriao, Iloilo City, after having been sworn to in accordance with law hereby depose and state that: 1. I am the accused in Criminal Case No. 1234 for the crime of RAPE under Article 266-A of the Revised Penal Code; 2. I am employed as a janitor at the University of San Agustin, since January 10, 2015; 3. I admit the allegations in Paragraph 7 of the Complaina nts Affidavit-Complaint; 4. I deny the allegations in Paragraph 4 for lack of knowledge as to the truth of the said allegations, the truth being that: a. On the evening of July 11, 2015, I was at the place of my work in University of San Agustin, Iloilo City; b. That at about 8:00 in the evening of July 11, 2015, I finished cleaning the CR of the University of San Agustin Gym;
c. That after finishing the aforesaid cleaning job, I
went to the janitors quarters in the outer part of the University of San Agustin Gym where I and one of my co-workers, KEVIN ANGELO BUYCO, had a drinking session; d. That at about 8:45 in the evening of July 11, 2015, after drinking 1 bottle of Red Horse each, I and my co-worker, Kevin Angelo Buyco, decided to leave the janitors quarters and drink in Andoks Manokan located in Molo, Iloilo City; e. That at about 9:20 in the evening of July 11, 2015, we arrived at Andoks Manokan and ordered 1 bucket of Red Horse beer and ordered 2 more buckets of Red Horse beer after the first bucket was consumed; f. That I and my co-worker continued to drink until it was already 2:30 in the morning; g. That I was very drunk during such drinking session that I have to ask my co-worker, Kevin Angelo Buyco, to bring me home because it was quite impossible for me to go home on my own; h. That I was able to arrive at my house in Mandurriao, Iloilo City, accompanied by Kevin Angelo Buyco, at about 3:15 in the morning; i. That it is physically impossible for me to commit the crime charged because I was in Andoks Manokan in Molo, Iloilo City at about 9:20 in the evening of July 11, 2015 up to 2:30 in the morning of July 12, 2015; 5. The allegations stated in the Affidavit-Complaint are mere fabrications by the complainant which may have been spurred by her insanity; 6. I am executing this Counteraffidavit for the purpose of a ttesting 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 5th day of September, 2015 at Iloilo City, Philippines. DONI JUNE V. ALMIO Affiant SUBSCRIBED AND SWORN TO before me this 8th day of March, 2010 in Davao City, Philippines. ELIZABETH DYHN A. CABUNAGAN Asst. City Prosecutor CERTIFICATION This is to certify that I have personally examined the herein affiant and that I am satisfied that he voluntarily executed and understood his statements in this Counter Affidavit. ELIZABETH DYHN A. CABUNAGAN Asst. City Prosecutor
Randy Blackwelder, Alice Blackwelder, Carmon Blackwelder, Katherine Blackwelder, Stephen Standish, Debora Standish, Aaron Standish, George Lonneville, Hilda Lonneville, Amy Lonneville and Jacqueline Lonneville v. Henry Safnauer, in His Official Capacity as the Superintendent of the Cato- Meridian Central School District, Edward Garno, in His Official Capacity as the Superintendent of City School District of Oswego, and Michael Hunsinger, in His Official Capacity as the Superintendent of the Waterloo Central School District, the State of New York, Intervening-Defendant, 866 F.2d 548, 2d Cir. (1989)