REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Second Judicial Region
BRANCH I
Tuguegarao City, Cagayan

PEOPLE OF THE PHILIPPINES,

Complainant,

NPS DOCKET NO: 12345678

-versus-
For: Murder

MARIO MAWRER y TAVERNA,

Accused.
x- - - - - - - - - - - - - - - - - - - - -x

COUNTER-
AFFIDAVIT

I, MARIO MAWRER y TAVERNA, 35 years old, Filipino,

single, and a resident of #22-B Macapagal Highway, Balzain,
Tuguegarao City, Cagayan, after having been duly sworn to in
accordance with law, hereby deposes and says THAT:

1. I am the accused in Criminal Case NPS DOCKET NO:

12345678 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 MARIA B.
B I N G G A Y in connection with the death of one NANCY B.
BINGGAY (herein referred to as “NANCY”);

Page 1 of
4
3. I am executing the same with the guidance of and in
conformity with my guardian, my father JUAN S. MAWRER;

4. At around 5:00 PM on November 5, 2020, a man in a police

uniform, who was later made known to me as Police
Corporal Alberto Dalisay, barged into our welding shop
adjacent to our house with an aggressive look in his face.
Alarmed by the commotion, I froze out of fear to where I
was standing—at the corner where the transaction counter
of our shop is located. I feared for my life not knowing
who the person entering our place and what his purpose is.
I was wondering why an unknown person is angry at me.
(Annex 4)

5. After spotting where I was standing, the man in uniform

approached me and asked a barrage of questions which I
totality do not comprehend. Confused and rattled, I kept
my silence for minutes as I was struggling to understand
what the man is conveying to me. After a while, he asked
me about certain Nancy to which I replied “Wala po sya
dito, sir.”

6. I vehemently deny that I voluntary went along with Police

Corporal Dalisay to the Police Station contrary to the latter’s
claim. The truth is he grabbed my hand and forcefully
dragged me towards the direction of a mobile car parked
along the road, which ferried us to the Police Station. While
inside the car on our way to what seemed to an unknown
destination, Police Corporal Dalisay kept on berating me
because I cannot understand most of what he is saying and
that I am so stupid. He badgered me on jail terms and
Page 2 of
4
 punishment for criminals and killers. (Annex 3)

7. At the Police Station, I begged Police Corporal Dalisay to

answer a call from my father to inform him of my
whereabouts, which he later consented after several
attempts. Crying desperately for help, I informed my father
about my ordeal. After talking with my father, Police
Corporal Dalisay put me in a room full of people and locked
the door.

8. I strongly deny that I voluntary admitted to the killing of

Nancy. The truth is that I barely said anything that time
much more to an incident that I have absolutely no
knowledge of. I was made to sign a paper without full
understanding of the nature, content and consequences of
such document. I was made to believe that writing my
name on it will end the unbearable suffering that I was
experiencing that time.

9. I strongly deny the accusation against me for the killing of

Nancy B. Binggay. I do not know her at all, and there was no
single instance that I have interacted with her as far as I can
remember. Thus I absolutely have any ill-motives neither any
evil intention against her.

10. In view of the foregoing, the following are attached in

evidence to this Counter-Affidavit to corroborate and
strengthen my defense over the accusation against me
and that I am innocent of the crime charged.

Page 3 of
4
11. Hence, the following are attached in evidence to this
Counter-Affidavit, to wit:

A. Judicial Affidavit of Juan S. Mawrer, (father)

B. Judicial Affidavit of Matthew Alibania (neighbour)
C. Mental and Developmental Evaluation Certificate marked as
Annex 1
D. Evaluation and Recommendation Document marked as Annex
2
E. Medical Certificate of Mario Mawrer dated November 6, 2020
marked as Annex 3
F. Screenshot copy of the CCTV footage taken in the vicinity of
the Mawrer’s house on November 5, 2020 marked as Annex
4

IN WITNESS WHEREOF, I have hereunto set my hand this

27th day of November, 2021 in Tuguegarao City, Cagayan,
Philippines.

MARIO T. MAWRER
Affiant

IN CONFORME:

JUAN S. MAWRER
Father of the Accused

th
SUBSCRIBED AND SWORN to before me this 27 day of
November, 2021 in Tuguegarao City, Cagayan, Philippines and I
Page 4 of
4
FURTHER CERTIFY that I have personally examined the affiant
and I am satisfied that she has read and personally understood
the contents of her foregoing “Counter-Affidavit”.

ATTY. MARK ANGELO

B. TORRES
Roll No. 22221-2009
IBP No. 904227-2/3/12
PTR No. 532224 2/13/12;
Legazpi City
MCLE Compliance III No. 0123201
Issued on July 4, 2012

Page 5 of
4
 CERTIFICATION

This is to certify that I have personally examined the affiant and

that I am satisfied that she voluntarily executed and understand her
statement herein.

ATTY. MARK ANGELO

B. TORRES
Roll No. 22221-2009
IBP No. 904227-2/3/12
PTR No. 532224 2/13/12;
Legazpi City
MCLE Compliance III No. 0123201
Issued on July 4, 2012

Doc. No. 11

Page No. 22

Book No. 33

Series of 2021
 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
Second Judicial Region
BRANCH I
Tuguegarao City, Cagayan

PEOPLE OF THE PHILIPPINES,

Complainant,

-versus CRIMINAL CASE NO: 12345678

_______________ For: Murder

MARIO T. MAWRER,

Accused.

x- - - - - - - - - - - - - - - - - - - - -x

JUDICIAL AFFIDAVIT

(of witness MATTHEW ALLAN ALIBANIA, in lieu of Direct Testimony)

I, MATTHEW ALLAN ALIBANIA, of legal age, Filipino, and a resident

of #22-B Macapagal Highway, Balzain, Tuguegarao City, Cagayan, after
having been duly sworn to in accordance with law, fully conscious that I
am answering the following questions under oath, and that I may face
criminal liability for false testimony or perjury and said judicial affidavit was
conducted at Moreno Law Office, located at Tuguegarao City, which taking
was done in English which I clearly speak and understand and that the
other information or requirements of Sec. 3, A.M. 12-8-8-SC as explained
to me by the administering officer, hereby depose and state as follows:
 PRELIMINARY STATEMENT

The person examining me is ATTY. MARK ANGELO TORRES with

office address at 9 Orange Building Diversion Rd., San Gabriel, Tuguegarao
City, Cagayan. The examination is being held at the same address. I am
answering her questions fully conscious that I do so under oath and may
face criminal liability for false testimony and perjury.

PURPOSE: This affidavit of witness MATTHEW ALLAN ALIBANIA is

being offered to prove that the accused MARIO MAWRER was taken from
his residence by police officers without his guardian and that he is in fact
suffering from mental retardation.

1. Q. Please state your name and other personal circumstances for the

record.

A. I am Matthew Allan Alibania, a Barangay Kagawad, who witnessed

the taking of the accused from his residence without his guardian.

2. Q. Do you know why you are here?

A. Yes, I am here to testify as to what transpired during the taking of

the accused in November 5, 2020 and with regards to his personal

circumstances particularly his intellectual disability.

3. Q. How are you related to Mr. Mario?

A. I am a neighbor and a friend of Mario since we were young. To

date, both of us still live in the same respective houses since we were

growing up.

4. Q. Where were you on the day that he was taken to the police station?
 A. I was at my house having a cup of coffee.

5. Q. What did you see during that time?

A. There was a commotion in next house, Sir — in the house of the

accused.

6. Q. What did you do next if any?

A. I went to the area to check what the commotion is all about since it

is one of my responsibilities being a barangay official.

7. Q. Were you able to find out what it is about?

A. I found out that the police are forcefully taking Mario to the police

station.

8. Q. How do you know that he is forcefully taken away?

A. He does not go anywhere without the company of any of his family.

He has been like that ever since. Besides, it was already getting late in

the afternoon. He was not allowed to go outside the premises of their

compound without him being accompanied by one of his family

members.

9. Q. What did you do after that?

A. Seeing that Mario is being taken alone, I immediately told the police

officers to wait for his guardian because even though he may look like

an adult physically, his mental capacity is that of a child.

10. Q. Can you elaborate on what you said about his mental capacity?

A. He, his brothers and I are playmates when we were young but as

we grew older, his maturity did not conform to the normal course of
 things. His mental development is delayed not keeping at pace with

his peers. He even plays with my six-year old son sometimes.

11. Q. Did the police heed your advice to wait for the guardian?

A. No sir. They continued without even bothering to entertain my

persuasions. I tried to explain further but my plea fell on deaf ears.

12. Q. What was Mario’s reaction as he is being taken by the police

officer?

A. He just followed the police officers who grabbed his arm without

even saying a word. It is as if he is scared to say anything. I know he

is hesitant but he seemed helpless.

13. Q. Did you see anything after that?

A. I haven't seen anything other than the taking of the Police Officer of

Mario sir.

14. Q. Then what did you do after witness the event?

A. I immediately called the father to inform him of what happened. I

urged him to go to the police station to attend to Mario’s immediate

needs.

15. What did the father tell you?

A. He asked me if I can come with him to look after his welfare.

16. Then what happened after that?

 A. The mobile police car has already left and taken him away. I

hurriedly asked my wife to tend to our children as I will go to the

police station to accompany Mario.

17. What happened in the police station?

A. I saw my friend desperately confused and shocked. I told him to

just stay calm because his father is on his way for him. I also told him

not to say anything without his father beside him.

18. Then what did Mario tell you?

A. He just looked at me and said nothing. I saw fear and confusion in

his face just as he usually react whenever he is under pressure or

undesirable state.

19. What happened after that?

A. They took him in a room where I believe he is supposed to be

interviewed. They did not allow me to come in.

The following are attached in evidence to this Affidavit, to wit:

IN WITNESS WHEREOF, I have hereunto set my hand this

28th day of March, 2021 in Tuguegarao City, Cagayan, Philippines.

MATTHEW ALLAN ALIBANIA

Affiant
 th
SUBSCRIBED AND SWORN to before me this 28 day of
March, 2021 in Tuguegarao City, Cagayan, Philippines and I
FURTHER CERTIFY that I have personally examined the affiant
and I am satisfied that she has read and personally understood
the contents of her foregoing “Judicial Affidavit”.

ATTY. MARK ANGELO B. TORRES

Roll No. 22221-2009
IBP No. 904227-2/3/12
PTR No. 532224 2/13/12;
Legazpi City
MCLE Compliance III No. 0123201
Issued on July 4, 2012
 CERTIFICATION

This is to certify that I have personally examined the affiant and

that I am satisfied that she voluntarily executed and understand her
statement herein.

ATTY. MARK ANGELO B. TORRES

Roll No. 22221-2009
IBP No. 904227-2/3/12
PTR No. 532224 2/13/12;
Legazpi City
MCLE Compliance III No. 0123201
Issued on July 4, 2012

Doc. No. 11

Page No. 22

Book No. 33

Series of 2021
 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
Second Judicial Region
BRANCH I
Tuguegarao City, Cagayan

PEOPLE OF THE PHILIPPINES,

Complainant,

-versus CRIMINAL CASE NO:

_______________ For: Murder

MARIO MAWRER y TAVERNA,

Accused.

x- - - - - - - - - - - - - - - - - - - - -x

JUDICIAL AFFIDAVIT

(of witness JUAN MAWRER, in lieu of Direct Testimony)

I, JUAN MAWRER, 60 years of age age, Filipino, widower of Adelfa N.

Mawrer, and a resident of #22-B Macapagal Highway, Balzain, Tuguegarao
City, Cagayan, after having been duly sworn to in accordance with law,
fully conscious that I am answering the following questions under oath,
and that I may face criminal liability for false testimony or perjury and said
judicial affidavit was conducted at Moreno Law Office, located at
Tuguegarao City, which taking was done in English which I clearly speak
and understand and that the other information or requirements of Sec. 3,
A.M. 12-8-8-SC as explained to me by the administering officer, hereby
depose and state as follows:
 PRELIMINARY STATEMENT

The person examining me is ATTY. MARK ANGELO TORRES with

office address at 9 Orange Building Diversion Rd., San Gabriel, Tuguegarao
City, Cagayan. The examination is being held at the same address. I am
answering her questions fully conscious that I do so under oath and may
face criminal liability for false testimony and perjury.

PURPOSE: This affidavit of witness JUAN MAWRER is being offered to

prove or validate the following: (1) The accused Mario Mawner was taken
from his residence by Police Officer Alberto Dalisay and was interrogated
by the same in connection with the foregoing case without the presence of
the witness; (2) The accused is in fact suffering from mental retardation
causing his psychosocial development delayed and intellectual ability
impaired; and (3) The witness never signed any document pertaining to his
son Mario Mawrer’s confession to the murder of a certain Nancy B.
Binggay.

1. Q. Please state your name and other personal circumstances for the

record.

A. I am Juan Mawrer, 60 years year old, widower, a resident of #22-B

Macapagal Highway, Balzain, Tuguegarao City, Cagayan. I am the

father of the mentally retarded accused, a self-employed welder and

owner of a welding shop.

2. Q. Do you know why you are here?

 A. Yes, I am here to testify on what transpired in November 5, 2020 in

connection with the foregoing criminal case, and the personal

circumstances of the accused particularly his mental retardation and

other developmental needs and challenges.

3. Q. How are you related to Mr. Mario?

A. I am the father of Mario. He is still living with me under my full

parental guidance and supervision owing to his condition.

4. Q. Where were you on the day that he was taken to the police station?

A. I was in Cauayan City to inspect goods and some items for my

welding shop.

5. Q. How did you come to know about the taking of your son from your

residence?

A. My next door neighbor Matthew called me at around 5:20 PM in the

afternoon detailing to me the events leading to the taking of my son

by a police officer. He urged me to come back home right away as

Mario is in serious trouble with the Police.

6. Q. What did you do next if any?

A. I asked Matthew the name of the Police Officer who is in custody of

my son and requested him to accompany Mario to the Police Station. I

said I will be there as soon as possible.

7. Q. What time did you arrive at the Police Station and what did you

observe?
 A. I arrived at around 6:00 PM. I noticed that my son was in a room

being interrogated by the Police.

8. Q. Then what did you do next?

A. I told Police Corporal Dalisay that Mario is a special child with

mental retardation. I asked him to allow me to call a lawyer to assist

us in the proceedings.

9. Q. What did Dalisay tell you?

A. He said, my son already have one in the person of Atty. Zinagan

and that in fact, my son has signed a document admitting to the killing

of a certain “Nancy”.

10. Q. Then what did you tell the Police Officer?

A. I told them that the killing of the victim would not have been done

by my son.

11. Q. Can you elaborate on that statement?

A. Yes, Sir. My son is mentally retarded. I can show Psychiatric Test

Result showing that his mental age is at about 11 to 13 years old,

albeit his chronological age of 35 years old. (Annex 1)

12. Q. What else can you show proof that your son is indeed mentally

challenged?

A. He attended a program for children with special needs under the

administrative supervision of Department of Education. I can provide

you with a Certification. (Annex 2)

13. Q. Can you further describe to me how you dealt with your son’s

psychosocial condition?

A. Despite shortcomings in his mental ability, my son can behave well.

He can follow instructions. I train him by establishing patterns of

activities and other disciplinary actions. Hence, he can perform basic

tasks, and conform to daily routines such as simple chores. He could

not have been in the place where the crime was committed since it is

customary for him to be inside my house before the sunset. He is

inside my house when the allege crime was committed.

IN WITNESS WHEREOF, I have hereunto set my hand this

28th day of March, 2021 in Tuguegarao City, Cagayan, Philippines.

JUAN MAWRER

Affiant
 th
SUBSCRIBED AND SWORN to before me this 28 day of
March, 2021 in Tuguegarao City, Cagayan, Philippines and I
FURTHER CERTIFY that I have personally examined the affiant
and I am satisfied that she has read and personally understood
the contents of her foregoing “Judicial Affidavit”.

ATTY. MARK ANGELO B. TORRES

Roll No. 22221-2009

IBP No. 904227-2/3/12

PTR No. 532224 2/13/12;
Legazpi City
MCLE Compliance III No. 0123201
Issued on July 4, 2012
 CERTIFICATION

This is to certify that I have personally examined the affiant

and that I am satisfied that she voluntarily executed and understand
her statement herein.

ATTY. MARK ANGELO B. TORRES

Roll No. 22221-2009

IBP No. 904227-2/3/12

PTR No. 532224 2/13/12;
Legazpi City
MCLE Compliance III No. 0123201
Issued on July 4, 2012

Doc. No. 11

Page No. 22

Book No. 33

Series of 2021