Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR
City of Manila

THE PEOPLE OF THE

PHILIPPINES
Complainant,

I.S. NO. 232842

For: Robbery with Homicide

- versus -

KRIS MERCADO
Respondent.
x -----------------------------------------x

COUNTER-AFFIDAVIT

I, Kris Mercado, of legal age, Filipino, and a resident of 115-C

Gremville Subdivision Tandang Sora Quezon City, through the
undersigned counsel, hereby depose and state under oath that:

1. I am the respondent in the Criminal Complaint docketed

as I.S. No. 232842 for the crime of Robbery with Homicide which is
defined under par 1, Article 294 of the Revised Penal Code;

2. I am executing this Counter-Affidavit to categorically

deny any participation on the alleged criminal act which is being
accused against me for being utterly baseless, the truth being that;

2.1. On the evening of November 18, 2017 at around

10:45 pm, I was on my way home after attending a high school
reunion at The Radiance Manila Bay condominiums;

2.2. At around 11:10 pm, as I was having a difficult time

finding a taxi cab to go home in Quezon City, thus I contact my
friend and neighbor, Miguel Saavedra, who was working as a
call center agent near Harbor Square, if he give me a ride home,
to which he answered in the affirmative;

2.3. Miguel informed that hell meet me at Starbucks

Harbor Square at around 11:30 pm. However, upon arrival and

Page 1 of 4
 a few minutes after I have ordered my coffee, Miguel informed
me to just meet him at the parking lot;

2.4. As there were several parking lots, I had a difficult

time to find it as I am also not very familiar with the place.
While I was walking in the bay area, a man pushed me away
and later dropped a plastic bag. Without even opening the bag,
I tried to follow him but he was running at a very hasty
manner;

2.5. Later, I realized that a police officer hurriedly

followed me as I follow the man who dropped the plastic bag;

3. I deny the allegations in Paragraphs 4 and 5. Considering

that the vicinity was dimly lit and that the accused was hooded, it
would have been difficult to fairly establish that I had any
participation in the criminal act;

4. I deny the allegation in Paragraph 5 as I never knew the

deceased nor have I ever saw spouses Thomas and Martha Wayne;

5. I admit the allegation in Paragraph 10. At the point of

being repetitive, I was running in a hurriedly manner to follow the
individual who has dropped a plastic bag;

6. I admit the allegations in Paragraphs 12 and 13.

Significantly however, I only tried to surrender out of the fear of
being shot by the police officer based on a mistaken identity;

7. I partly admit the allegation in Paragraph 14 specifically

the fact that I was arrested and frisked by SP02 Mark Nico Acabado.
Significantly however, SP02 Acabado never informed me of my
Constitutional Rights at the time of my arrest nor did he informed me
of why I was being arrested.

8. I deny the allegations in Paragraphs 14 and 15 as the

allegations set forth were mere conclusions. These items introduced
were foreign to me. More importantly, I deny ever disposing of a gun
nor did I ever possessed one in my entire life;

9. Consequently, I respectfully submit that the charge of

Robbery with Homicide against me be DISMISSED for UTTER LACK
OF MERIT;

2
 IN WITNES WHEREOF, I have hereunto affixed my signature
this 27th day of November, 2017 at Manila City, Philippines.

KRIS MERCADO
Respondent Affiant

Atty. JOHN A. GONZALES

Counsel for Respondent
3rd Floor, Reylila Building, Commonwealth Ave. cor Mercury Street,
Brgy. Fairview, Quezon City
Attorney's Roll No. 59445
PTR No. 2684407; 1-26-2017; Pasig City
IBP No. 1070866; 1-30-2017; Albay
MCLE Compliance No.V-0012629; valid until 4-14-2019

SUBSCRIBED AND SWORN to before me this 27 th day of

November, 2017 at Manila City.

____________________
Teodoro S. Gutierrez
Asst. City Prosecutor

I HEREBY CERTIFY that I have personally examined the affiant

and that I am satisfied that he has voluntarily executed and
understood his CounterAffidavit.

____________________
Teodoro S. Gutierrez
Asst. City Prosecutor

VERIFICATION

3
 Respondent, of legal age, after having duly sworn, deposes and
says:

1. That he has caused in the preparation of the foregoing

answer with defenses, and the allegations therein are true
and correct of his personal knowledge and/or based on
the reliable records.

Executed this 27th day of December, 2017 at City of Manila

SUBSCRIBED AND SWORN to before me this 27th day of

November, 2017 in the City of Manila, Republic of the Philippines,
after the affiant has presented his drivers license LTO-N35-23-
004255, I certify that I have personally examined the affiant and I am
fully contented that he willfully and spontaneously executed his
affidavit and fully understood all contents thereof.

____________________
Teodoro S. Gutierrez
Asst. City Prosecutor