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Lejano Counter Affidavit

1) Antonio Lejano files a counter-affidavit in response to being charged with rape and homicide in the deaths of the Vizconde family. 2) In his counter-affidavit, Lejano states that on the night of the murders he was watching videos at the home of Carlos Syap with Michael Gatchalian, and they brought him home in the early morning hours. 3) Lejano also states that except for two former schoolmates, he does not know the other individuals charged in the case. He signs the counter-affidavit to refute the allegations in the complaint and assert the truth of his statement.

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264 views3 pages

Lejano Counter Affidavit

1) Antonio Lejano files a counter-affidavit in response to being charged with rape and homicide in the deaths of the Vizconde family. 2) In his counter-affidavit, Lejano states that on the night of the murders he was watching videos at the home of Carlos Syap with Michael Gatchalian, and they brought him home in the early morning hours. 3) Lejano also states that except for two former schoolmates, he does not know the other individuals charged in the case. He signs the counter-affidavit to refute the allegations in the complaint and assert the truth of his statement.

Uploaded by

mjpjore
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR
Paranaque City

COUNTER-AFFIDAVIT

LAURO G. VIZCONDE, NPS Docket No. XV-10-INV-95G-000099


Complainant,

- versus –

HUBERT JEFFREY P. WEBB For: Rape with Homicide


ANTONIO LEJANO II, MICHAEL
A. GATCHALIAN, HOSPICIO
FERNANDEZ, MIGUEL RODRIGUEZ
PETER ESTRADA, JOEY FILART,
ARTEMIO VENTURA and GERARDO
BIONG,
Respondent.
x- - - - - - - - - - - - - - - - - - - - - - - x

COUNTER-AFFIDAVIT

I, Antonio Lejano , Filipino citizen, of legal age, single, and a resident of 16 J. Roxas St.
BF Homes Executive Village Paranaque City, after having duly sworn to in accordance with the
law hereby states:

That I am one of the Respondents in NPS Docket No. XV-10-INV-95G-000099


and being charged for the crime of Rape with Homicide.

That this Counter-Affidavit is executed as a reply and comment to the Complaint Affidavit
of Lauro G. Vizconde and his witnesses, who are under investigation by this Office in
connection with the death of of Estrellita Vizconde, Carmela Vizconde and Jennifer Vizconde at
the Vizconde residence on June 30, 1991.

That on the night of June 29, 1991 until early morning of June 30, 1991 I watched video
tapes at the house of Carlos Syap located at Ayala Alabang Village;

That I left their house in the early morning of June 30, 1991 where Cas Syap and
Michael “Mike” Gatchalian brought me home;
That on July 5, 1991, Cas Syap and I went to the police station because we came to
know that Mike, was picked up by the arresting officers as a suspect on the death of the
Vizcondes;

That upon seeing police officer Gerardo Biong at the police station, we toldhim that Cas
Syap and I were willing to vouch for Mike’s innocence and volunteered ourselves to give
statements to that effect;

That upon my return on the following morning of July 6, 1991, Biong wanted me to have
my fingerprints taken but I refused because I am innocent of the crime being investigated, and
told him that I needed to consult someone first;

That eventually I was constrained to submit myself for fingerprinting after my name came
out in the media;

That in addition, and with the exception of Miguel "Ging" Rodriguez and Michael "Mike"
Gatchalian who are my former schoolmates, I do not know any of the other accused named
therein.

That I am executing this affidavit to attest to the truth of the foregoing statement and to
belie the allegations in the complaint.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 31st day of July,
1995 at Paranaque, Philippines.

Anonito Lejano
Affiant

SUBSCRIBED AND SWORN before me this 31st day of July 1995 at Paranaque City,
Philippines.

Jimmie Jan Alforque


Assistant City Prosecutor

Relevant Law and Case Law

1. The Rules of Court of the Philippines, Rule 133, Sec. 2


provides:“ Proof beyond reasonable doubt – In a criminal case, the accused is
entitled to acquittal unless his guilt is shown beyond reasonable doubt. Proof
beyond reasonable doubt does not mean such a degree of proof as, excluding the
possibility of error, produces absolute certainty. Moral certainty only is required, or
that degree of proof which produces conviction in an unprejudiced mind.”

2. The Supreme Court, in the case of People v. Maraorao, June 20,2012 has
held that: “ In every criminal prosecution, the state must prove beyond reasonable doubt,
all the elements of the crime charged and the complicity or participation of the
accused, conviction must rest on the strength of the prosecution’s evidence and not on
the weakness of the defense. While a lone witness testimony is sufficient to convict an accused
in certain instances, the testimony must be clear, consistent, and with credible qualities.”

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