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    Counter Affidavit

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    Janis Louis
    Pedro Cargo submitted a counter-affidavit in response to a rape charge filed against him by Mia Culpa. In the counter-affidavit, Pedro denies the rape allegation and provides an alibi that he was working in Polomolok, South Cotabato on the date of the alleged crime. Pedro claims the charge is a malicious fabrication resulting from a property dispute between the families. He asks the court to dismiss the case against him.

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    Counter Affidavit

    Uploaded by

    Janis Louis
    37K views2 pages
    Pedro Cargo submitted a counter-affidavit in response to a rape charge filed against him by Mia Culpa. In the counter-affidavit, Pedro denies the rape allegation and provides an alibi that he was working in Polomolok, South Cotabato on the date of the alleged crime. Pedro claims the charge is a malicious fabrication resulting from a property dispute between the families. He asks the court to dismiss the case against him.

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    Pedro Cargo submitted a counter-affidavit in response to a rape charge filed against him by Mia Culpa. In the counter-affidavit, Pedro denies the rape allegation and provides an alibi that he was working in Polomolok, South Cotabato on the date of the alleged crime. Pedro claims the charge is a malicious fabrication resulting from a property dispute between the families. He asks the court to dismiss the case against him.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as TXT, PDF, TXT or read online from Scribd
    Download as txt, pdf, or txt
    37K views2 pages

    Counter Affidavit

    Uploaded by

    Janis Louis
    Pedro Cargo submitted a counter-affidavit in response to a rape charge filed against him by Mia Culpa. In the counter-affidavit, Pedro denies the rape allegation and provides an alibi that he was working in Polomolok, South Cotabato on the date of the alleged crime. Pedro claims the charge is a malicious fabrication resulting from a property dispute between the families. He asks the court to dismiss the case against him.

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    REPUBLIC OF THE PHILIPPINES

    DEPARTMENT OF JUSTICE
    OFFICE OF THE CITY PROSECUTOR
    DAVAO CITY

    MIA CULPA
    Complainant
    -VERSUS-
    I.S. NO. _________
    FOR: Rape
    PEDRO C. CARGO
    Respondent
    x-------------------------------------------------------------------------------
    ----------x
    COUNTER-AFFIDAVIT

    I, Pedro C. Cargo, of legal age, Filipino citizen and a resident of San


    Miguel, Dumanlas, Davao City, after having been sworn to in accordance with law
    hereby depose and state that:
    1. I am the accused in Criminal Case No. ______ for the crime of RAPE under
    Article 266-A of the Revised Penal Code;
    2. I am employed as a packer at the Asparagus Packing Plant of the Marsman
    Drysdale Agriventures Corporation at Polomolok, South Cotabato since November 3,
    2009;
    3. I admit the allegations in Paragraph 2 of the Complainantâ s Affidavit-Compla
    int;
    4. I deny the allegations in Paragraph 4 for lack of knowledge as to the tr
    uth of the said allegations, the truth being that:
    a. On the morning of March 3, 2010, I was at the place of my work in Polomo
    lok, South Cotabato where I earn P180. daily;
    b. That at about eight (8) oâ clock in the evening of March 3, 2010, I received
    a call from my brother informing me that the complainant has filed charges again
    st me for the crime of rape under Art. 266-A of the Revised Penal Code;
    c. That I am the eldest in the brood of five and is the sole breadwinner of
    the family after both of my parents died in a vehicular accident in April 2009;

    d. That in order to save on expenses and increase the amount I send to my s


    iblings for their schooling, I seldom go home at our residence in San Miguel, Du
    manlas, Davao City but instead stay at the company-provided residence quarters d
    uring the duration of my duty ;
    e. That the last time I went home was on December 24, 2009 in time for the
    Christmas break to spend time with my family and that I immediately went back t
    o Polomolok the next day in order to avail of the premium pay for overtime work;
    f. That I know the complainant as residing in the same barangay where our r
    esidence is located but have not maintained any close relationship with her or h
    er family;
    g. That it is physically impossible for me to commit the crime charged beca
    use I had been in Polomolok, South Cotabato since December 25, 2009 as I am afte
    r the renewal of my employment contract should I satisfactorily complete the wor
    k demands of the five-month probationary period since the start of my employment
    on November 3, 2009;
    h. That I have never been to the complainantâ s house moreso at seven (7) oâ clock i
    the morning of March 3, 2010;

    5. The allegations stated in the Affidavit-Complaint are mere malicious fabricat


    ions by the complainant which may have been spurred by the bitter enmity harbore
    d by members of her family arising from a property dispute that involved both ou
    r families, which case had already been decided in finality by the Supreme Court
    to our favor, and as a result of which the members of the complainantâ s family have
    repeatedly hurled verbal threats against me and my siblings that they would get
    back at us in whatever way possible.
    6. I am executing this Counter-Affidavit for the purpose of attesting to th
    e truth of the foregoing statements, to inform the proper authorities of the abo
    ve facts, to support my prayer for the dropping or dismissal of the instant case
    against me and for whatever purpose this may serve best.

    IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of March, 2
    010 at Davao City, Philippines.

    PEDRO C. CARGO
    Affiant

    SUBSCRIBED AND SWORN TO before me this 8th day of March, 2010 in Davao C
    ity, Philippines.
    ROXAN G. APOSTOL
    Prosecutor I

    CERTIFICATION

    This is to certify that I have personally examined the herein affiant an


    d that I am satisfied that he voluntarily executed and understood his statements
    in this Counter Affidavit.
    ROXAN G. APOSTOL
    Prosecutor I

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