Republic of the Philippines

Department of Justice
NATIONAL PROSECUTION OFFICE
OFFICE OF THE CITY PROSECUTOR
Cotabato City

MARIA R. DATULAYTA DOCKET NO. 2020-A-120093

Plaintiff,

-versus- For:

WILSON S. RADAM Homicide

Respondent.
X------------------------X

COUNTER AFFIDAVIT
I, WILSON S. RADAM, Filipino, of legal age, single, and with
residence at # 09 Sousa Street, Cotabato City, after having duly
sworn in accordance with law, hereby depose and state that:

PRELIMINARY STATEMENT
The person taking my testimony is Atty. Kevin Paul M. Laviňa, with
office address at #04 Santos Building, Quezon Avenue, Cotabato City
where this testimony is also taken. I am answering all questions
under oath, fully aware that I may face criminal liability for false
testimony or perjury.
The following are the questions propounded by Atty. Kevin Paul M.
Laviňa that I have answered in English, which I speak and
understand:
Question 1 (Q1): Mr. Witness can you please state your full name,
age, address and occupation and other personal circumstances for
the record.
Answer 1 (A1): I am WILSON S. RADAM, 28 years of age, Filipino,
single a resident of # 09 Rosales Street, Cotabato City and is
employed at Citymall Cotabato.
Q2: Mr. Witness are you answering the questions fully conscious and
mindful that you do this under oath and that you may face criminal
liability for false testimony or perjury?
A2: Yes, Atty.
Q3: Why are you here Mr. Witness?
A3: I am here to give my counter-affidavit regarding the complaint
filed against me by Maria R. Datulayta
Q4: Do you personally know this Maria Datulayta?
A4: No sir! Only his son
Q5: Who was his son?
A5: His son’s name was Henry Datulayta
Q6: Where were you on August 26, 2020 at around 3:30 in the
afternoon.
A6: I am on my way out after my duty at the meat section of
Savemore Citymall Cotabato.
Q7: Do you have companions with you when you out for duty if
any?
A7: Yes sir, I am with Kassandra Atienza and Kathrina Mendoza.
Q8: Can you recall what happened during that time?
A8: We are on our way out of the Citymall after our duty, I was with
Kassandra and Kathrina Mendoza my workmates when Henry
Datulayta approached us.
Q9: What happened next?
A9: Henry confronted me and said invective words in a loud manner.
Q10: What did he said?
A10: He said “Hoy! Gago ka ah bat mo kasama si Kassandra
nakakalalaki ka ah kabit kalang ditto wala kang hiya kung babae kapa
pokpok kana. Putang ina mo””
Q11: What did you replied to him?
A11: Pre wala kaming ginagawang mali ah sabay lang kami lumabas
Q12: What happened after such?
A12: Wag niyo akong pinapaikot ah puta ka!
Q13: Then after that?
A13: I said “Gago ka pre sinabe nga ng wala kaming ginagawang
masama marunong ako lumugar” because he was on a loud voice
and many people had their attention on us and it embarrasses me
and my colleageus.
Q14: Then, what was Henry’s reply?
A14: Suntukan nalang tayo hayop ka!
Q15: What happened after that?
A15: I was reluctant considering it is near my workplace and I might
suffer loss of job if had myself involved in a commotion. However, he
was about to attack with a punch against my face when I evaded it
and landed a punch on his jaw.
Q16: Then?
A16: He became more aggressive and we had exchange of fist blows
but due to his height advantage and body figure he managed to inflict
fatal injuries to me. He successfully choked me and I was nearly
passing out of consciousness and as a last recourse as I can’t do
anything I grabbed my icepick which I am using as a worker of
Savemore under the meat section and I stabbed him once then twice
but considering his body built and height he won’t let go of me and is
still chocking me it is when I landed the third blow where he fell on the
ground.
Q17: Why do you think he got infuriated with you?
A17: It is true that I pursued Kassandra and is close to her but there
was no relationship between us because Kassandra would always tell
me “Taken ako” and I respected that. We are still close but only as to
best friends. There was unreasonable/unlawful aggression in his part.
We are just standing there, the three of us Kassandra, myself and
Kathrina, when he uttered invective words against my person and
even said “Suntukan nalang” to the point of aiming me for a punch. I
just defended myself in a reasonable way. I was about to lost
consciousness due to the chocking he made. My life is at stake at
that instance and I cannot resist from his force and so I used that
icepick. I have never provoked him, my act of standing there and
having conversation with Kassandra and Katherine does not amount
to any provocation neither was it reasonable that he will got jealous
because I have already conceded in my pursuit to win Kassandra.
Clearly, his anger is unfounded and baseless.

IN TESTIMONY HEREOF, I hereby affix my signature this 18th

day of September, 2020 at Cotabato City, Philippines.

WILSON S. RADAM
Affiant

SUBSCRIBED AND SWORN to before me this 18th day of

September 2020 at Cotabato City, Philippines by the Affiant who is
personally known to me.
Doc No:_____ ATTY. KEVIN PAUL M. LAVIÑA
Page No.:____ NOTARY PUBLIC FOR COTABATO AND MAGUINDANAO
Book No._____ NOTARIAL COMMISSION NO. 95
Series of _____ UNTIL DECEMBER 31, 2020
ROLL OF ATTORNEY NO: 06012
IBP NO. 120093 19 JAN 2020 COTABATO CITY
MCLE COMPLIANCE NO: VI000612 29 NOV. 2018 COTABATO CITY
PTR NO. 2020-0601295 8 JAN 2020 COTABATO CITY

Assisted By:
LAVIÑA, LUNA, MANAR Law Firm
Cotabato City
#04 Santos Building, Quezon Avenue Cotabato City

ATTY. KEVIN PAUL M. LAVIÑA

NOTARY PUBLIC FOR COTABATO AND MAGUINDANAO
NOTARIAL COMMISSION NO. 95
UNTIL DECEMBER 31, 2020
ROLL OF ATTORNEY NO: 06012
IBP NO. 120093 19 JAN 2020 COTABATO CITY
MCLE COMPLIANCE NO: VI000612 29 NOV. 2018 COTABATO CITY
PTR NO. 2020-0601295 8 JAN 2020 COTABATO CITy

SWORN ATTESTATION

I, KEVIN PAUL M. LAVIÑA of legal age, single, Filipino with

office address at #04 Santos Building, Quezon Avenue, Cotabato City
has conducted the foregoing examination at the said office. I have
faithfully caused to be recorded the questions I asked and the
corresponding answers that the affiant gave; and neither I nor any
other person then present or assisting his, coached the affiant
regarding his answers.

IN WITNESS WHEREOF, I have hereunto set my hand this 18 th

of September 2020 at Cotabato City, Philippines.

ATTY. KEVIN PAUL M. LAVIÑA

Affiant
IBP Roll No. 120093
SUBSCRIBED AND SWORN to before me this 18th day of
September, 2020 at Cotabato City Philippines

Doc No:_____ ATTY. IRISH BIANCA U. LUNA

Page No.:____ NOTARY PUBLIC FOR COTABATO AND MAGUINDANAO
Book No._____ NOTARIAL COMMISSION NO. 98
Series of _____ UNTIL DECEMBER 31, 2020
ROLL OF ATTORNEY NO: 06015
IBP NO. 120094 19 JAN 2020 COTABATO CITY
MCLE COMPLIANCE NO: VI000615 27 NOV. 2018 COTABATO CITY
PTR NO. 2020-0601296 10 JAN 2020 COTABATO CITY

Copy furnished:

ATTY. FATMAH ZAHRA C. AMIL Reg. Rec. RE 221 109 219 ZZ

Chan Chan Commercial Bldg., 20 September 2020
Gov. Gutierrez Ave. Cotabato City P.0
Cotabato City

KATHRINA G. MENDOZA Reg. Rec. RE 221 109 219 ZZ

Pascual Subdivision 20 September 2020
Mother Barangay Rosary Heights Cotabato City P.0
Cotabato City
Republic of the Philippines
Cotabato City }S .S

AFFIDAVIT OF SERVICE

I RONALD B. REYES, of legal age, Filipino and with office

address at #04 Santos Building, Quezon Avenue Cotabato City, after
having been sworn to in accordance with law, depose and state that:

1. I am the liason officer of LAVIÑA, LUNA, MANAR Law Firm

counsel for the herein defendant WILSON S. RADAM

2. On September 20, 2020 I mailed one copy of Judicial –

affidavit/Counter Affidavit in the case of DATULAYTA VS
RADAM with Docket No. 2020-A-120093 before the Office of
the City Prosecutor by registered mail to:

ATTY. FATMAH ZAHRA C. AMIL Reg. Rec. RE 221 109 219 ZZ

Chan Chan Commercial Bldg., 20 September 2020
Gov. Gutierrez Ave. Cotabato City P.0
Cotabato City

KATHRINA G. MENDOZA Reg. Rec. RE 221 109 219 ZZ

Pascual Subdivision 20 September 2020
Mother Barangay Rosary Heights Cotabato City P.0
Cotabato City

IN WITNESS WHEREOF, I have hereunto affixed my

signature this 20th day of September, 2020 in Cotabato City,
Philippines.

ROLAND B. REYES
Affiant

SUBSCRIBED AND SWORN to before me this 20th day of

September, 2020 at Cotabato City, affiant presenting his Tax
Identification Number 132-123-321 who has identified by me through
competent evidence or proof of identity to be the same person who
presented the foregoing instrument and signed the instrument in my
presence, and who took an oath before me as such to instrument.

Doc No:_____ ATTY. KEVIN PAUL M. LAVIÑA

Page No.:____ NOTARY PUBLIC FOR COTABATO AND MAGUINDANAO
Book No._____ NOTARIAL COMMISSION NO. 95
Series of _____ UNTIL DECEMBER 31, 2020
ROLL OF ATTORNEY NO: 06012
IBP NO. 120093 19 JAN 2020 COTABATO CITY
MCLE COMPLIANCE NO: VI000612 29 NOV. 2018 COTABATO CITY
PTR NO. 2020-0601295 8 JAN 2020 COTABATO CITY
 EXPLANATION
(Pursuant to Section II, Rule 13
of the 1997 Rules of Civil Procedure)

Due to limitations and constraints of manpower, distance, time as well

as the health protocols on social distancing in view of the COVID-19
pandemic, copies of the foregoing Judicial Affidavit/Counter Affidavit
were duly served upon the concerned party/ies through registered
mail in lieu of personal service.

KEVIN PAUL M. LAVINA