Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR
National Capital Judicial Region
Pasay City, Branch 1

MELODY AMANTE,
Complainant.
DOCKET NO: 1234
-versus- For: Murder

KERWIN CRUZ,
Accused.
x-------------------------------------x

COUNTER-AFFIDAVIT

I, KERWIN CRUZ, 26 years old, Filipino, single, and a resident

of 1290 Taft Avenue corner Menlo Street, Pasay, Manila, after having
been duly sworn to in accordance with law, hereby depose and state
that:

1. I am the respondent in the above-mentioned Criminal Case;

2. I am executing this Counter-Affidavit as a way of responding to

the Complaint Affidavit of MELODY AMANTE and their
witnesses, in connection with the death of MATT ISIAH
AMANTE (Matt) after being shot on January 19, 2019;

3. On January 19, 2019 at 6:00 p.m., I was at home waiting for

visitors to arrive as it was my birthday on that date, and I was
hosting a party. Two of the visitors were Matt and his sister
MARIYA AMANTE (Mariya). Attached is a copy of my
Certificate of Live Birth issued by the Philippine Statistics
Authority marked as “Annex 1” and made an integral part of
this counter-affidavit;

4. At around 8:30 p.m., after the guests have ingested some

amount of alcohol, I heard some noise in the living room where
the guests were drinking;

5. As I was in the kitchen, I went there to check and found Matt

and another guest, EDS HOLMAN (Eds), quarreling. They were
pushing and taunting each other. Matt started to throw punches
at Eds until the latter fell on the floor. I attempted to separate
the two, however, Matt continued to punch Eds despite the
latter being already pinned down on the floor;
 6. Eds took out a gun so I and the other guests were all the more
alarmed. Matt and Eds grappled with the gun so I and another
guest, RONALD LAVARES (Ronald), tried to pacify the fight.
Matt and Eds were then separated. Attached is the copy of the
firearm license under the name of Eds marked as “Annex 2”
as well as a copy of the fingerprint examination made by the
responding policemen on the said gun marked as “Annex 3,”
all made an integral part of this counter-affidavit;

7. Just as we were catching our breaths, I suddenly saw Matt

holding a kitchen knife. It was at that time when Matt turned to
me and Ronald and violently swung the kitchen knife towards
our direction. Herein attached are the photo of the said kitchen
knife, a copy of the fingerprint examination made by the
responding policemen on the said kitchen knife, as well as the
copies of the Affidavits of witnesses Eds and Ronald—all
marked as “Annexes 4, 5, and 6,” all made an integral part of
this counter-affidavit;

8. Matt’s sudden kitchen knife blow sent me falling down on the

floor and soon enough I realized that my right arm and my right
hand were severely wounded. Attached is a copy of a medical
certificate I obtained from the Adventist Medical Center Manila
marked as “Annex 7;” and made an integral part of this
counter-affidavit;

9. I then saw Matt charging towards our direction while shouting,

“Hoy, kayong dalawa! Huwag kayong sumawsaw dito!
Papatayin ko din kayo! Mga hayop kayo!”

10. It was at this moment when Matt’s sister Mariya

intervened and Matt was finally pacified. Mariya then told Matt
that they should head home;

11. Just as I was calming myself down and gathering my

thoughts from the events that transpired, I then went back to
the kitchen to wash the blood oozing out from my wounds when
I heard a gunshot. When I went to see where it came from, I
then saw Matt lying on the ground and Eds holding his gun. I
took the gun from Eds’ hand to keep him from possibly shooting
again. It was at this moment when the policemen came.

Relevant Law

Article 4 of the Revised Penal Code of the Philippines provides

that:

Art. 4 Criminal liability. – Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful

act done be different from that which he intended.
 PRAYER

WHEREFORE, premises considered, it is respectfully prayed

that I be relieved from any criminal liability as I did not commit any
felony.

All other reliefs as may be deemed just and equitable are also
respectfully prayed for.

IN WITNESS WHEREOF, I have hereunto set my hand this 31st

day of January, 2019 in Pasay City, Philippines.

KERWIN CRUZ
Affiant

SUBSCRIBED AND SWORN to before me this 31st day of

January, 2019 at Pasay City, Philippines and I further certify that I
have personally examined the affiant and I am satisfied that he has
read and personally understood the contents of his foregoing
Counter-Affidavit.

Assistant City Prosecutor

Roll No. 11223-2008
IBP No. 123456-1/3/08
PTR No. 123456 1/3/08
MCLE Compliance No.
1234567
issued on January 3, 2008

CERTIFICATION

This is to certify that I have personally examined the affiant and

that I am satisfied that he voluntarily executed and understood his
statement herein.

Assistant City Prosecutor

Roll No. 11223-2008
IBP No. 123456-1/3/08
PTR No. 123456 1/3/08
MCLE Compliance No.
1234567
issued on January 3, 2008