REPUBLIC OF THE PHILIPPINES)

QUEZON CITY -------------------------) S.S.

COUNTER-AFFIDAVIT

I, JOHN LLOYD E. CRUZ, of legal age, Filipino, married, and a

resident of Block 30, Lot 20, Sagana Homes, Culiat, Quezon City, after
being duly sworn in accordance with law, hereby depose and state that:

1. I am a team supervisor handling 24 customer service

representatives in Convergy's, Philippines, 6796 Ayala Ave. cor. Salcedo St.,
Legaspi Village, Makati City under the Macy's account. My regular work
shift starts at 12nn until 9pm. Attached herewith is a copy of my
certificate of employment under the aforementioned company.
2. On November 29, 2014, I left my house for work at around 10
oclock in the morning and rode a tricycle from my home up to central
avenue. I took a bus on or about 10:10 and arrived at the company premises
at approximately 11:15am. I had my coffee and puffed a stick of cigarette
before going to my work station.
3. After preparing my work station, I provided daily direction to my
agents. Then, I prepared my continual evaluation of processes and
procedures that is currently being utilized by the team. Afterwards, I
proceeded to my daily statistical and performance feedback and coaching to
each team member. It took me some time to coach all 17 of my agents who
had shifts at that time so I had to stay in the office until past 11:00pm to
finish writing each agent's performance reviews for skill improvement which
I had to submit to the Operations Manager named Yuri Singzon before
11:30pm. Attached herewith is a copy of my overtime record and sworn
affidavit of Yuri Singzon.
4. At around 11:20 in the evening, I booked for a cab via "grab a taxi"
to pick me up at the office. The cab arrived at 11:25 pm, thereafter, I left the
company premises. When I arrived at the tricycle terminal on or about 12:00
midnight at Central Avenue, I alighted from the cab. Then I saw Berto
Cuervo, a neighbor, greeted him and we both bought a cigarette nearby the
terminal of tricycle.

5. I had a small conversation with Berto while I was finishing my

cigarette. Afterwards, I went home through a tricycle, taxicabs cannot go
beyond the tricycle queue in Sagana because of the narrow streets. When I
went off the tricycle, I noticed two persons standing in front of my house. I
can't identify their faces because it was dark. Attached herewith is the
sworn affidavit of Berto Cuervo.
6. As I draw near the two persons standing in front of my house, one
of them said "Sumama ka sa amin sa presinto", which turned out to be Brgy
tanod Bradd Pitt, I was completely surprised, I then asked them, "bakit po
niyo ako dadalhin sa presinto? Anong nangyayari dito?" the other barangay
tanod Piolo Pascual hand cuffed me without uttering a word. Barangay
Tanod Bradd Pitt answered "Sa presinto ka na magpaliwanag". Since I
respect these brgy tanods, whom I personally know, I voluntarily went with
them.
7. In my arrest and continued detention, my constitutional and human
rights were violated. To summarize:
a. I was arrested without warrant while not committing any crime or
doing anything illegal;
b. I was not informed of the reason for my arrest at the time of my
arrest;
c. I was denied the right to counsel;
d. I was denied a phone call and prevented from contacting my family
or my lawyer;
e. That only then during the interrogation I was apprised that
CEDRICK D. DIAZ was killed.
8. That in all my life, I have not been known as a violent person for I
abhor violence in any form.
9. I vehemently deny the charges against me and the unfair accusation
for being false, untruthful and malicious. Cedric and I were childhood
friends. We never had any misunderstandings. There is no reason for me to
do what was accused of me. Someone set me up and it was Nena C. Testigo.
10. Before this incident, Cedric told me about his illicit relationship
with Nena. I counselled him many times and convinced him to cease such
affiliation as it would do him no good and would only destroy his family. He
was hesitant at first but later on decided to stop his affair with Nena.

11. Cedric told me that when he told Nena to stop seeing him, she
refused. Instead, she threatened him that she would rather have them all dead
and said,"Subukan mo lang iwan ako, makikita mo."
12. At around 2pm last November 28, 2014, I received a text message
from Cedric Diaz. the content of the message was, "Pare, ayaw pumayag ni
Nena na maghiwalay kami, parang may gagawin siya pag tinigil ko relasyon
namin. Screenshots of the aforementioned text messages are likewise
attached herewith.
13. Piolo Pascual and Bradd Pitt must have been planning this plot
with Nena. Piolo and Bradd are close friends of Nena, they often visit her
store and were buying items from her store on credit.
14. Furthermore, if they truly intended to save Cedrick who was then
in a dying condition, they should have brought him to the nearest hospital at
either New Era General Hospital or Malvar Hospital and not at FEU-Dr.
Nicanor Reyes Medical Foundation which would take approximately about
30 minutes to drive from the place of incidence.
15. Moreover, the submitted Post Mortem Examination is patently
deficient for it failed to completely explain and describe the cause of the
death of the victim. Mere indication therein that the cause of death was due
to stab wounds does not suffice.
16. Assuming that I am guilty of the offense accused of in the
complaint, I should only be guilty of homicide. The elements of murder are:
1) That a person is killed; 2) That the accused killed him; 3) That the killing
was attended by any of the qualifying circumstances mentioned in Article
248; and 4) The killing is not parricide or infanticide.
Treachery was the qualifying circumstance which elevated the case to
murder as alleged in the complaint. However, in the case of People vs
Tumaob, 83 Phil 742, the Supreme Court held that, "But to constitute
treachery, the means, methods or forms of attack must be consciously
adopted by the offender."
There is no treachery in the case at hand, a few minutes of interval
does not prove treachery. It was clearly indicated in the complaint that at
around 8:00pm, we started drinking which lasted for more or less than one
hour and that the incident happened at around 9:30pm.
From the time we were drinking up to the time of the killing, as
alleged by Nena, no enough time could have allowed me to plot the killing.
The spontaneity of the events disproves the presence of treachery. Hence, no

qualifying circumstance could have aggravated the case from homicide to

murder.
17. That I am submitting this affidavit also to formally file my charges
of perjury against affiants Nena C. Testigo, Bradd K. Pitt, Piolo T. Pascual.
18. This Counter Affidavit is being executed to attest to the truth of all
the foregoing facts and events and to disclaim all the accusations against me.

IN WITNESS WHEREOF, I have hereunto affixed my signature on

this 2nd day of December, 2014 at Quezon City.

JOHN LLOYD E. CRUZ

Affiant

SUBSCRIBED AND SWORN to before me this 2nd day of

December, 2014 at Quezon City.

I hereby CERTIFY that I have personally examined the affiant and

that I am satisfied that he has voluntarily executed and understood his
CounterAffidavit.

(name) (sgd.)
Asst. City Prosecutor