Counter Affidavit
Counter Affidavit
Counter Affidavit
Department of Justice
NATIONAL PROSECUTION SERVICE
Tacloban City Prosecutor’s Office
Justice Hall, Magsaysay Blvd., Tacloban City
“M”,
Respondent
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COUNTER-AFFIDAVIT
DEFENDANT, by the undersigned attorney and to this Honorable Office respectfully avers that:
1. Defendant admits paragraphs 1, 2, 3, 4, 5 with regards the names, residences and status of the
parties, but refutes portions of other paragraphs, for lack of adequate knowledge to form as to
2. Defendant denies particularly paragraph ten (10), claiming that the defendant after notice of the
dishonored check practically abandoned to fund it. Defendant, through the internet replied
dated February 12, 2010 stating that she was not able to fund the said check due to the series of
losses suffered by her business. As a substitute, defendant will issue another check for the
payment of the said commodities. Moreover, the defendant secured an offering of twenty
thousand pesos (P20, 000.00) as a fractional payment for the commodities that were received
last January of 2010 but the latter denied the same. Photocopy of said reply letter attached as
ANNEX- “E”.
3. Defendant rejects also the contention of the plaintiff that she employed deceit in the issuance of
a dishonored check. In the case of People of the Philippines vs. Lea Sagan Juliano, the Supreme
Court held that in failing to prove the element of deceit by appellant, that prosecution failed to
prove beyond reasonable doubt that appellant is guilty of Estafa under Article 315, paragraph 2
(d), of the Revised Penal Code. With that, the appellant did not constitute fraudulent acts that
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4. Defendant also denies paragraph thirteen (13) stating that the existence and amount of the
interest. The agreement was not put into writing rather making it only a verbal agreement.
WHEREFORE, defendant respectfully prays that the complaint be dismissed due to lack of merit,
Email: gcatubao@yahoo.com
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VERIFICATION
Defendant, of legal age, after having duly sworn, deposes and says:
1. That she 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.
2. That she further states that the interest was made in oral and no written agreement was
SUBSCRIBED AND SWORN to before me this December 8, 2010 in Tacloban City, Republic of the
Philippines, affiant being personally known to me, and I certify that I have personally examined the
affiant and I am fully contented that she willfully and spontaneously executed her affidavit and fully
Doc No.: 48
Page No.: 44
Book No.: Y
Series of 2010
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ANNEX E
SPOUSES “Y”
Tacloban City
I act contrite for the dishonor of said checks due to insufficient funds and instability of my
business. I am willing to issue another check for the said commodities amounting to one hundred
twenty-six thousand, four hundred ninety pesos (P126, 490.00) during these days.
Truly yours,
“M”
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