Republic of the Philippines Department of Justice OFFICE OF THE PROVINCIAL PROSECUTOR
Batangas City, Batangas
NPS Docket No. : _________________
JUANA MACAPALAD-KHOH,
For
Complainant - Versus
“MURDER”
-
ALLAN SWERTE,
Respondent
X - - - - - - - - - - - - - - - - X
Republic of the Philippines) City of ipa )!"!"
COUNTER – AFFIDAVIT #, ALLAN C. SWERTE, of legal age, married, $ilipino citi%en and a resident resident of Brgy" Pinag&a'itan, Pinag&a'itan, ipa City, Batangas, after being s'orn in accordance 'ith la', hereby depose and state( " *hat # am an employee of the CDD Company, a semicond co nduc ucto tor r manu ma nufa fact ctur urin ing g comp co mpan any, y, under unde r Prod Pr oduc ucti tion on Department as Production !uper+isor " *hat on January January ., /0 at around around 1(2/ in the morning morning # log-out at the Production Department after finishing the /P3-143 /P3-143 sh shift ift a as s sh sho'n o'n i in n the Computeri%ed Computeri%ed Daily *ime Reco Re cord rd be bein ing g mo moni nitor tored ed by th the e ti time me &e &eep eper er as sh sho' o'n n in 4nne5 647 2" *hat on the same day, day, before e5iting e5iting the main gate gate of the company, # 'ent to the ad8acent comfort room to urinate 0" *hat # sa' and pic& up an ice-pic& ice-pic& near near the cubicle 'here 'here am # supposed to use ." *ha *hat t # sa' 3r" !9:; !9:; J<=: >?=? >?=? lying on the floor floor of the ne5t cubicle 1" *hat # 'as shoc&ed shoc&ed and that inciden incident t pro+o&ed me me to ha+e a panic attac& that led me to fall do'n and collapse as sho'n in my medical records pro+ided by DR4" @434;9C?# in 4nne5 6B7 A" *h *hat at at th the e unconscious
time ti me 3r 3r" "
@oun @o ung g
seen se en
the th e
inci in cide dent nt, ,
#
'as 'a s
" *hat based on the P:P findings, they ha+e seen another different fingerprint " *hat as sho'n in the 4utopsy Report in 4nne5 6C7, that 3R" !9:; J<=: >?=? died at around 1o cloc& in the morning /"
*hat # +ehemently deny the accusation against me
" *hat # e5ecuted this Counter-4ffida+it to attest the truth of the foregoing facts" WHEREFORE,
premises considered, it is most respectfully prayed unto this ?onorable =ffice that the complaint against me be dismissed for insufficiency of e+idence" IN WITNESS WHEREOF, # ha+e hereunto affi5ed my signature this 20th da of F!"#$a# 20%& in L'(a C't, )ata*+a"
Allan C. Swerte ALLAN C. SWERTE
4ffiant
SU)SCRI)ED AND SWORN to before me this / th day of $ebruary
/0 in ipa City, Batangas" # hereby certify that # ha+e personally e5amined the affiant and # am fully satisfied that he has read and understood all of the allegations contained in his Counter-4ffida+it"
Doc" :o" EEEEE Page :o" EEEEE Boo& :o" EEEEE !eries of /0
:otary Public R= :=" EEEEEEEEEEEE P*R :=" EEEEEEEEEEEEE #!!9
FACTS
=n January ., /0, a >orean and $ilipino :aturali%ed in the name of 3r" !ung Jeon >hoh 'as found dead in the male comfort room of the CDD Company located at Brgy" 4ntipolo, ipa City at around Ao cloc& in the morning together 'ith 3r" 4llan C" !'erte, employee and Production !uper+isor" 3r" >hoh is one of the part o'ners and the head of the finance department" #t 'as found out that the ob8ect used to murder 3r" >hoh 'as an icepic&" Based on the initial in+estigation, the fingerprint result sho'ed that 3r" !'ertes fingerprint is presently at the said e+idence used to &ill the +ictim" $urthermore, an autopsy of the body 'as conducted by the Philippine :ational Police FP:P) G Crime aboratory - ipa City to ensure the fairness and Huality of e+idences" During the conduct of the inter+ie', 3r" !'erte denied the accusations to him" P:P gathered 'itnesses but to no one is amenable for 'hat had really happened on the said incident, e5cept to 3r" @oung, 'ho called the attention of the security guards"