Republic of the Philippines
DEPARTMENT OF JUSTICE
OFFICE OF THE PROVINCIAL PROSECUTOR
Province of Zamboanga del Sur
Pagadian City
PEOPLE OF THE PHILIPPINES, I.S. CASE NO. IX-09-INV-20A-00010
Plaintiff,
-Versus- -FOR-
DAMASO Y. ROBLE MURDER
Respondent,
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COUNTER-AFFIDAVIT
I, DAMASO Y. ROBLE, of legal age, Filipino, married and with postal address at Barangay
Sudlon, Molave, Zamboanga del Sur, Philippines subscribing under oath, hereby depose and state
that:
1. I am one of the respondents of the above-mentioned case for Murder filed by one
JULIE ROSE REVILLEZA ABUBAKAR.
2. On December 12, 2019, I was in my house doing vulcanizing work and sometimes
watching television with Junny K. Pino for the entire day. I was not able to go to the
victim's house during that day, which is located around 400 meters away.
3. I vehemently deny all the allegations contained in the Supplemental Complaint
Affidavit of the private complainant. In the original Complaint Affidavit filed by the
private complainant, there was no mention of anyone accompanying the suspect,
Reneboy Behagan. Paragraphs 1, 2 and 3 of the Complaint Affidavit only mentioned
that private complainant saw Reneboy Behagan in the vicinity before and after the
commission of the crime. There was no mention of someone else accompanying the
suspect.
4. There are several inconsistencies in the original Complaint Affidavit and the
Supplemental Complaint Affidavit filed by the private complainant. For one, the
Complaint Affidavit stated that while she was outside the house, she heard the
voice of Reneboy Behagan asking “Aha si Marissa?” to which Melvin Nuiz and
Arnield Entienza answered, “Natulog.” Seconds later, gunshots were heard. In
contrast, the Supplemental Complaint Affidavit stated that I asked private
complainant, “Naa diha si Rosemarie ug Marissa?” to which private complainant
replied, “Wala diri.” Thereafter, Reneboy Behagan arrived and shot the victim.
5. Private complainant wants to include me in the charge as a conspirator in the crime
of murder. It bears noting that private complainant bears the responsibility of
establishing, by substantial evidence, the existence of conspiracy.
6. Conspiracy must be alleged, not just inferred, in the Complaint which is the basis an
accused can aptly enter his plea. As can be gleaned from paragraph 5 of the
Supplemental Complaint Affidavit of the private complainant, Reneboy Behagan
shot and killed the victim. My participation allegedly was in accompanying him,
being a backrider in his XRM motorcycle, asking the private complainant, “Naa diha
si Rosemarie ug Marissa?” and stepping inside their house. If I am being charged for
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what he did, conspiracy must at the outset of the complaint be expressly and clearly
established so that I can effectively prepare my defense on the degree of my
participation and in order to hold me equally guilty with the other respondent in
the commission of the crime. It is my right as an accused and a requirement for a
Complaint or Information to be sufficient that it must inform me whether I am
facing criminal responsibility not only for my acts but for the acts of the other
respondents as well.
7. Under the Revised Penal Code, “there is conspiracy when two or more persons
come to an agreement concerning a felony and decide to commit it. It may be
inferred from the acts of the accused before, during or after the commission of the
crime which, when taken together, would be enough to reveal a community of
criminal design, as the proof of conspiracy is frequently made by evidence of a
chain of circumstances.” It has been held by the High Court in a number of cases
that “neither joint nor simulataneous action is per se sufficient proof of conspiracy.”
8. Conspiracy must be proved as clearly and convincingly as the commission of the
offense itself for it is a facile device by which an accused may be ensnared and kept
within the penal fold. In case of reasonable doubt as to its existence as in the
instant case, the balance should tip in favor of the respondent, wherein the instant
action against me should be cordially dismissed given the absence of concrete and
factual mileu involving my actual degree of participation in the crime complained
of. The want of my involvement in the alleged conspiracy, which is the sole,
exclusive and only theory relied upon by private complainant, should more than
suffice to call and warrant the due dismissal of the instant Complaint against me.
9. I am hereby executing this Counter-Affidavit to attest to the truth of the foregoing
facts, to refute the allegations contained in the Supplemental Complaint Affidavit of
Julie Tose Revilleza Abubakar and to request the Provincial Prosecution Office to
dismiss the complaint against me.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 18 th day of February, 2020 at
Pagadian City, Philippines.
DAMASO Y. ROBLE
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME this 18 th day of February, 2020 in Pagadian
City, Philippines. I hereby certify that I have personally examined the Affiant and I am satisfied
that he knows and understands the contents of this Counter-Affidavit and that the same was
freely and voluntarily executed by him.
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