Republic of the Philippines

Second Judicial Region

MUNICIPAL TRIAL COURT IN CITIES
Branch 01
Tuguegarao City, Cagayan

PEOPLE OF THE PHILIPPINES

Complainants, CRIMINAL CASE NO. 4869

-versus-

JOSHUA CATUIRAN, EDWARD

SINGSON AND JOHN DOES
Accused.
X-------------------------------------X

JOINT COUNTER-AFFIDAVIT

We, JOSHUA CATUIRAN, of legal age, Filipino, single and a resident of

Luna Street, Ugac Sur, Tuguegarao City, Cagayan and EDWARD SINGSON, of
legal age, Filipino, single, and a resident of Gonzaga Extension, Ugac Sur,
Tuguegarao City, Cagayan after having been duly sworn to in accordance with
law, do hereby depose and state:

1. On 24 July 2019, we received the Order of the Municipal Trial Court in

Cities (MTCC), Branch 01, Tuguegarao City, Cagayan dated 20 July 2019.
We understand that the case is governed by the rule on summary
procedure and it is for this reason that we were directed to submit our
Counter-Affidavit together with our controverting evidences in support
of our defense and to furnish copies thereon to the complainant or to the
City Prosecutor within ten (10) days from receipt. Hence, it is timely filed
today, 03 August 2019;

2. From the attached “Information”, we were made to understand that we

are criminally charged for Slight Physical Injuries as defined and
penalized under Article 266 of the Revised Penal Code arising from that
unfortunate incident that transpired on 21 July 2019;

3. That we hereby deny the charge against us by the complainant as he

based his complaint on malign motives and crafted a devious scheme of
facts on how to structure and hurl false charge against us;
4. In view of the foregoing, the complaint of Jonathan Cruz is in the form of
counter-charge which should be treated as a matter of defense to our
charge for Attempted Homicide against him which is currently pending
investigation with the Office of the City Prosecutor;

5. Be that as it may, we would vigorously deny having committed the crime

for the following reasons:

a. We would state at the outset that on 21 June 2019, we submitted

ourselves to medical treatment with the Tuguegarao City Peoples
General Hospital for the injuries we suffered in the hands of Jonathan
Cruz and two (2) other male companions who mauled us in the
evening of 21 June 2019 in a certain stall near STI building at Ugac
Highway, Tuguegarao City, Cagayan;

b. That on the evening of 21 June 2019, our circle of friends was in the
backyard of the house of one of the accused Edward Singson, having
fun and drinking beers as our leisure and kind of reliever after a long
tiring day from work;

c. Accused Edward Singson was having fun exchanging messages with a

friend named Kate Ashley Tan who voluntarily provided the accused
her cell phone number;

d. All of a sudden, Edward Singson received a text message from a new

mobile number from someone who introduced himself as Tantan Cruz
conveying the message “Tol pwede ba tayong magkita sa may harap ng
STI College, may pag-uusapan lang tayo” (Brod, can we see each other
in front of STI College, we have something to talk about”);

Copies of the Conversations are hereto attached as “ANNEX 1” and

series and made integral part hereof;

e. Since STI College is near to where we are having fun and we know
Tantan Cruz being our playmate in DOTA, Edward Singson made
himself available and he was accompanied by his two (2) friends
including Joshua Catuiran;

f. When we are at the STI College waiting for Tantan Cruz, a group of
men approached us riding a motor vehicle from where we are waiting
and someone asked Edward Singson why he was texting his girlfriend
Kate Ashley. The group of men were armed with long metal tube and
empty bottles of liquor. Out of fear, our other two (2) companions left
and run away;
 g. Edward Singson did not offer him a long explanation and told him
casually that they are simply exchanging messages as friends;

h. Right then and there, the group of men levelled down on their
motorcycle and physically assaulting us and boxing our face. Because
they are three (3) and armed, they attacked us hitting us with the
metal tube and we fell down and pleaded to spare us from their
assault. Instead, we are nonetheless boxed and kicked by Jonathan
Cruz and his companions;

i. Jonathan Cruz and his companions were determined to take our life so
we fight back with our fists but being outnumbered and had nothing
to defend ourselves, we are beaten badly and when he had the chance,
we were able to run away for our safety;

j. We would state at the outset that after the incident, we submitted

ourselves to a medical treatment with the Tuguegarao City Peoples
General Hospital for the injuries we suffered in the hands of the
Jonathan Cruz and his companions who mauled us in the evening of
21 June 2019. The said Medico-Legal Certificate is hereto attached as
ANNEX “2”. While we are being treated, I saw Jonathan Cruz who just
entered and hospital and he was treated as well. After treatment, we
immediately proceeded to Tuguegarao City Police Station to report
the incident as borne by the attached PNP Certification ANNEX “3”;

k. That during the incident, a CCTV is connected in front of the STI

Building. Without overemphasizing, the same evidence is a mute but
eloquent evidence to prove that none of the respondents are the
author of the alleged mulling incident. It speaks for itself. It speaks the
truth. It speaks of our innocence and eloquently so, if the Honorable
Court will just be given the chance to view it carefully;

A copy of the CCTV Footage is hereto attached as ANNEX “4” and made
integral part hereof;

6. In addition, the testimonies of our witnesses will bolster the self-serving

allegations of the complainant and his witness that indeed the
complainant and his companions were the ones who attacked us first;

(Affidavits of our Witnesses are hereto attached as ANNEXES “5” and “6”
respectively”)
 AFFIRMATIVE DEFENSE

7. Under Section 18 of the 1991 Revised Rule on Summary Procedure

provides the referral to the Lupon for conciliation is mandatory. Non-
Compliance with such requirement, shall be dismissed without prejudice.
As gleaned from the complaint-affidavit of the complainant, while it may
be true that he made mentioned of the referral of the case to the Lupon,
he failed to attached a Certification to File an Action as proof thereof;

8. Thus, Morata vs. Go, 125 SCRA 444 (1983), and Vda. de Borromeo vs.
Pogoy, 126 SCRA 217 (1983) have held that P.D. No. 1508 makes the
conciliation process at the Barangay level a condition precedent for the
filing of a complaint in Court. Non-compliance with that condition
precedent could affect the sufficiency of the plaintiff's cause of action and
make his complaint vulnerable to dismissal on the ground of lack of cause
of action or prematurity. The condition is analogous to exhaustion of
administrative remedies, or the lack of earnest efforts to compromise
suits between family members, lacking which the case can be dismissed;

9. If indeed accused are probably guilty of the alleged incident, why is it that
they even voluntarily went to the police station to reveal their identities
while declaring their participation as victims on their part and imputing
the incident to the complainant and his companions? The well known
Supreme Court line which almost sounds cliché palpably applies: “The
guilty fleet while the innocent stand brave as a lion.” We should have fled,
if we were a guilty. But there we were, reporting in a signed police blotter
an incident whose complete details are not totally known to us. This act
of the respondents must be in consonance to human nature that proves
innocence as to the authorship of the alleged incident, so to speak;

10. We therefore request and plead that our responsibility must be

weighed and gathered from the foregoing narration of facts to be able to
determine whether we have a hand and liability arising in the incident;

11. We have executed this affidavit freely, voluntarily and intelligently

to offer an answer to the charge levelled against us in compliance with
the order of the Honorable Court.
 IN WITNESS WHEREOF, we have hereunto set forth our hands this
___________________________________ in Tuguegarao City, Cagayan.

JOSHUA CATUIRAN EDWARD SINGSON

Accused Accused
DL No. B04-07-004577 DL No. B04-07-004545

SUBSCRIBED AND SWORN before me this_____________________________, accused

exhibiting to me their proof of identification indicated below their name and
hereby sworn that their statements are competent truth of the foregoing facts
based on their own personal knowledge and I am satisfied that they voluntarily
executed and understood their Joint Counter-Affidavit.

ATTY. MICHAEL JAMES ROSS

Doc No. Notary Public for Cagayan
Page No. Roll No. 67890
Book No. IBP OR No. 1063451-01/04/19-Cagayan
Series of 2019 PTR No. 98764532-01/05/19- Cagayan
MCLE Compliance No. V-0006726
Pasig City, 15 August 2018
Mobile No. (0097)123 4567
Email: attymikeross@gmail.com
Office No. (078)-123-0341

Copy Furnished:

JONATHAN CRUZ ___________________________________

Gunnacao Street, Cataggaman Nuevo
Tuguegarao City, Cagayan

OFFICE OF THE CITY PROSECUTOR ___________________________________

Old City Hall, Tuguegarao City, Cagayan

EXPLANATION

Copy of the foregoing Counter-Affidavit was sent to the Complainant and the
City Prosecutor via registered mail due to lack of distance and lack of
messengerial services to effect personal service.

JOSHUA CATUIRAN EDWARD SINGSON