Republic of the Philippines Department of Justice

OFFICE OF THE PROVINCIAL PROSECUTOR

5th Judicial Region

Legazpi City

VANIE D. PONTO,

Complainant,

NPS DOCKET NO: V-08-INQ-15B-09999

For:Murder

-versus-

RIKO D. TAMPO,

Respondent.

COUNTER-AFFIDAVIT

I, RIKO D. TAMPO, 49 years old, married, and a resident of Purok 1, Brgy. Sabang,
Legazpi City, after having been duly swom to in accordance with law, hereby
deposes and says THAT:

1. I am the respondent in Criminal Case NPS DOCKET NO: V- 08-INQ-15B-09999 for

the crime of Murder under Article 248 of the Revised Penal Code;

2. I am executing this Counter-Affidavit as a reply and comment to the Complaint

Affidavit of VANIE D. PONTO and Affidavit of Witnesses, WENDY DULA and BITOY
GANCHO, who are under investigation by this Honorable Office in connection with
the death of TITO D. PONTO after being shot on April 1, 2016.

3. On April 1, 2016 8:00 PM., I was in Belarminco St., Legazpi City, and I was at the
store owned by one of the prosecution witness, Wendy Dula, drinking a softdrink;

4. Also in the store were Bitoy Gancho and Tito D. Ponto having a drinking session. I
was invited by Bitoy to join them but I declined because I was already tired and I
noticed that they were already drunk.

5. After drinking the soft drink I got up and walked towards the vicinity of Belarmino
St. when I heard a gunshot. Fearing for my life I ran towards the Gov. Forbes St. and
towards my residence for safety;

6. I leamed later that it was Tito D. Ponto who was the person who was shot and
killed during that shooting incident when my wife told me about it when she got
home from the marketplace at around 8:40 pm on that same day;

7. I knew Tito D. Ponto since we sometimes played "tong-its" together;

8. It is true that I and Tito D. Ponto had recently undergone barangay conciliation for
collection of sum I owed to him;

9. Although me and Tito had an argument during the conciliation, I never said that I
would kill the victim and besides the cause of the argument was not of such nature
as to make me kill him;

10. I deny having shot and killed Tito D. Ponto.

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. 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

Republic of the Philippines

Department of Justice
 NATIONAL PROSECUTION SERVICE

OFFICE OF THE PROVINCIAL PROSECUTOR

Province of Samar

Calbayog City

PEOPLE OF THE PHILIPPINES,

Complainant,

NPS NO. VIII-09d-INV-110-00230

-versus- For: ILLEGAL POSSESSION OF EXPLOSIVES

ERICSON ACOSTA,

Respondent.

NPS NO. VIII-09d-INV-110-00230 For: ILLEGAL POSSESSION OF EXPLOSIVES

COUNTER AFFIDAVIT

I, ERICSON ACOSTA, of legal age, married, and a resident of 8th Annapolis, Cubao,
Quezon City, after being duly sworn in accordance with law, hereby depose and
state that:

1. I am a Freelance Journalist doing research on Human Rights violations and the

protection of the environment in Samar for the Alliance of Concerned Samareños
(ACOS) and the Kapunungan han Gudti nga Parag-uma ha Weste han Samar
(KAPAWA). Copies of some of my Research Works and Articles are hereto attached.

2. On February 13, 2011, having just completed my research task the previous day,
I left the village center of Barangay Bay-ang. San Jorge, Samar at a little past 9 o'
clock in the morning, and headed for what the barrio folk call their "port" - an
unmarked quay by the river which was less than an hour's walk via mountain trail,
where a pump boat was scheduled to pick me up at the said place and bring me to
San Jorge town proper.

3. I was joined by Vicente Dacles, the Barangay Secretary, and several other
residents of Bay- ang who were all going to town as well for some business.

4. Dacles was at the head of our pack, followed closely by myself, while the rest,
who were mostly women and children, were falling behind by at least a hundred
meters.

S. At around 10:00 am, as we were just some 200 meters away from our
destination, we caught sight of a platoon of soldiers who motioned us (Dacles and
myself) to stop. I at once noticed that the soldiers were resting and cooking by the
left side of the trail.

6. One of them approached us alertly and asked where we came from and where we
were going. Dacles said that we came from the village and that a pump boat was
waiting for us nearby as we were headed for town.

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. I was subjected to prolonged interrogation for 44 hours;

f. During tactical interrogation, I was physically and psychologically tortured;

E. I was deprived of sleep, threatened, intimidated, coerced and forced to admit
membership in the NPA;

h. The evidence against me, "the grenade", was planted;

i. The complaint against me was filed in court only after 72 hours and 30 minutes
after my arrest; and,

j. I was detained in a military camp, which is not of civilian jurisdiction.

55. 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 11th day of

April, 2011 at Calbayog City.

ERICSON ACOSTA (sgd.)

Affiant

SUBSCRIBED AND SWORN to before me this 11th day of April, 2011 at Calbayog
City.I hereby CERTIFY that I have personally examined the affiant and that I am
satisfied that he has voluntarily executed and understood his Counter-Affidavit.

AGUSTIN M. AVALON (sgd.)

Asst. Prov.
Prosecutor