Republic of the Philippines

Department of Justice
OFFICE OF THE PROVINCIAL PROSECUTOR
Bayombong, Nueva Vizcaya

RODRIGO S. CAYTON, JR.,

Complainant,
NPS DOC NO. II-07-INV-12L-02230
-versus- FOR: Trespass to Dwelling
and Grave Coercion

JUAN P. CAYTON, JR.,

Respondent.
x--------------------------------------------------x

COUNTER-AFFIDAVIT

I, JUAN CAYTON, JR. Y PASCUA, of legal age, married, Filipino

citizen and a resident of Brgy. Malasin, Dupax del Norte, Nueva Vizcaya,
after having been duly sworn to in accordance with law hereby depose
and state that:

1. I am the respondent in the above-styled case pending

investigation by this Honorable Office;

2. I vigorously deny the allegations of the complainant Rodrigo S.

Cayton, Jr. in his Complaint-Affidavit dated December 17, 2013
for being false, groundless and unfounded, the truth of the
matter being as follows:

(a) On November 24, 2012, at about 10:20 oclock in the morning

in Brgy. Malasin, Dupax del Norte, while I was driving my car
passing by the residential house of our deceased parents Juan
A. Cayton, Sr. and Benita Pascua Cayton. I was surprised
when I saw Daniel Aguilar, Jefonie Aguada and Marcelo
Soldevilla in the premises of the uninhabited residential house
and lot of our parents. Because of that, I confronted them and
told them to leave the premises since the owner was not there;

(b) Shortly, I noticed the presence of Rodrigo S. Cayton, Jr inside

the house. At this juncture, I asked him regarding his
complaint against me and Ambo, but he did not take it lightly
and instead he suddenly drew his gun from his waist and
started shooting at me many times;

Counter Affidavit of Juan P. Cayton, Jr.

 (c) As an instinct of self-preservation, I immediately went out of
my car to hide at the back of the house while Rodrigo Cayton,
Jr. continuously firing at me and that after he ran out of
bullets, he changed magazine. As a consequence, a bullet
coming from his gun hit the right window glass of my car;

(d) It must be emphasized that before the firing incident, I merely

inquired from the complainant about his complaint against
me and a certain Ambo and I likewise confronted his
companions and asked them why they were in our parents
house and ordered them to leave because the house is always
locked and that the owners were not living there anymore;

(e) Minutes later, responding policemen from the Dupax del

Norte Police Station, Dupax del Norte, Nueva Vizcaya rushed
to the scene and immediately apprehended Rodrigo S. Cayton
Jr. and recovered from his direct possession the gun he used
in attempting to kill me;

(f) The complainant concocted stories in accusing me that I

pointed my gun at him while shouting threatening words. I
simply inquired from complainant about the case he is filing
against me and Ambo and asked them to leave the
premises. I never point my gun at the complainant nor to his
companions. Rodrigo Cayton, Jr. merely filed this instant
complaint against me as he has an axe to grind against me as I
filed a case for attempted homicide against him;

4. That it is further alleged:

(a) Based on the narration of facts by the complainant, respondent

cannot be charged under any of the kinds of Trespass to Dwelling
under Articles 280 and 281 of the Revised Penal Code. In the
instant case, the offender did not commit any of the crimes
punishable under the above-mentioned Articles of the Revised
Penal Code because the respondent did not or was not able to
enter the premises as complainant immediately fired his gun at
him, hence, he cannot be held liable;

(b) Granting for the sake of argument that I in fact entered the house,
the complainant has no right whatsoever to charge me for
Trespass to Dwelling since he is not the owner nor lawful
occupant of the house, it being the property of our parents;

Counter Affidavit of Juan P. Cayton, Jr.

 (c) Furthermore, respondent cannot at the same time be charged of
any kind of coercion under Articles 286, 287 and 288 of the
Revised Penal Code. In that respondent did not prevent any acts
of the complainant, by means of violence, threats or intimidation,
from doing something not prohibited by law, nor did respondent
compel complainant, thru violence, threats or intimidation, to do
something against his will;

(a) Respondent plainly ordered complainant and his companions to

vacate the premises, an act that was meant only to protect the
property of his parents from unauthorized ingress.

5. Attached to my Counter-Affidavit is the Joint Affidavit of Arrest of

PSI Ferdinand R. Corpuz et,al. marked as ANNEX 1. Also
attached herewith are the photographs of the crime scene marked as
ANNEX 2 and its submarkings;

6. That I attest to the veracity of the foregoing allegations and hereby

respectfully pray of this Honorable Office that the above-entitled
case be DISMISSED for utter lack of merit.

IN WITNESS WHEREOF, I have hereunto set my hand this 28th day

of January 2013 at Bayombong, Nueva Vizcaya.

JUAN P. CAYTON, JR.

Affiant/ Respondent

SUBSCRIBED AND SWORN TO before me this 28th day of

January , 2013 at Bayombong, Nueva Vizcaya. Affiant having exhibited to
me his Professional Drivers License No.

Copy furnished:

RODRIGO S. CAYTON, JR. (Complainant)

Brgy. Lublub, Alfonso Castaneda
Nueva Vizcaya

Counter Affidavit of Juan P. Cayton, Jr.