Sample BP 22.initial Unfinished Draft

REPUBLIC OF THE PHILIPPINES
SIXTH JUDICIAL REGION

MUNICIPAL TRIAL COURT
Kalibo, Aklan
PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. XXXXXX

Plaintiff, For: Violation of Batas Pambansa
Bilang 22
-versus-
ANTHONY TABERNA,
Accused.
x------------------------------------------x
COMPLIANCE AND TRANSMITTAL
COMES NOW, the undersigned respondent and unto the Honorable

Court, most respectfully state:
That the undersigned received the Honorable Court’s Summons

dated 13th of June 2018, in the instant case on the 27 th of June, 2018; the
undersigned was given TEN (10) days to submit her counter-affidavit, the
affidavit of his witnesses and other supporting documents;
That the undersigned respectfully submits her attached counter-

affidavit and other supporting documents in her defense.
The filing of the instant counter-affidavit and other supporting

documents today, the 9th of July, 2018, is within the reglementary period
provided under the rules.
Respectfully submitted. 9 July 2018. Kalibo, Aklan, Philippines.
XXXXXXXXXXXXXXXX
Copy furnished by Registered Mail:
XXXXXXXXXXXXXXx
Estancia, Kalibo, Aklan
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF AKLAN )S.S.
MUNICIPALITY OF KALIBO )
x------------------------------------------x
COUNTER-AFFIDAVIT
I, Anthony G. Taberna, of legal age, Filipino, married and a resident of

Barangay 268, Zone 28, Tondo, Manila, Philippines, after having been duly
sworn to in accordance with the law hereby depose and state:
1. That I am the respondent in the above-entitled case for the

violation of B.P. 22, allegedly for issuing ten (10) post-dated checks dated
September 5, 2018, to the payee with a total sum of ₱1,000,000.00; that I
have not personally received a written demand letter from Trexie S.
Angeles for the payment of the said checks in her complaint but a mere
letter to settle my past due obligations; that the said letter does not provide
for the account name and account number of the depositor, nor does it
contain the branch of the bank and its address and it does not state that the
checks were presented to the bank and was subsequently dishonored; that
as a matter of fact, the complaint does not show an affidavit of the person
who had actually served the written notice of dishonor, as I have never
received any demand letter, written notice of dishonour from Trexie S.
Angeles, her counsel and the bank, Bank of the Philippine Islands (BPI);
2. That the bank account from which I drew the checks issued to
Trexie G. Angeles, to my knowledge, was with sufficient funds at the time
these checks were drawn; that I was not informed by the bank of the
dishonor of the check complained of; I did not receive any formal demand
letter from Trexie S. Angeles and her counsel of the dishonour of the
checks worth ₱1,000,000.00; otherwise had I received such notice from the
bank and from Trexie S. Angeles that the check I drew from my Philippine
National Bank (PNB) account was dishonoured, then I would have
immediately made up for it and paid the sum immediately; I had no
knowledge of the dishonour of the check by the Bank in this case;
3. That the complaint of Trexie S. Angeles did not contain the

Certificate of Non-Forum Shopping being an initiatory pleading which
warrants the dismissal of the complaint;
4. That there were no attached photocopies of the back portion of the

checks in the complaint that would show the signature of Trexie S. Angeles
for the purpose of depositing the said checks;
4. That on September 4, 2018 at around 3:00 o’clock in the

afternoon, the construction materials I ordered from Trexie G. Angeles
were delivered to my hardware store in New Divisoria, Manila and because
there were prior bulk deliveries that arrived on that day from other
suppliers, my supply employee was not able to immediately check the said
materials and because Trexie is a close friend, I had full confidence that the
same were in accordance with our verbal agreement over the phone.
5. That on September 7, 2018 at around 9:00 o’clock in the morning,

my only mobile phone, which contained all my business contacts was
snatched somewhere ___________________ and I immediately had it
blottered at the nearby Police Station on the same day (Annex ___) and
requested by service provider for a replacement of my sim card (Annex
___); that later that day at around 4:00 o’clock in the afternoon my supply
employee furnished me a copy of the delivery inspection report showing
that some of the materials delivered were not in accordance with our prior
agreement; that upon having apprised thereof, I instructed my employee to
furnish Trexie G. Angeles of the inspection report on the following day but
my employee reported back that Matrix Hardware and Construction
Supplies was closed and was informed by a nearby resident that Trexie G.
Angeles had gone to Aklan prompting me to send a copy the Inspection
Report to Trexie G. Angeles via registered mail in her address in Kalibo,
Aklan on the same day (Annex___).
6. That in my ____ years of business dealings, I have never been

remiss in making good my obligations with my creditors and have offered
settlement to Trexie G. Angeles regarding my obligations.
That I am executing this Counter-Affidavit to attest to the truth of the

foregoing facts and for all legal purposes this may serve.
IN WITNESS WHEREOF, I hereby sign this counter-affidavit on this date

26 January 2018 at Kalibo, Aklan, Philippines.
XXXXXXXXXXXXXX
Affiant
ID No.
SUBSCRIBED AND SWORN to before me, on this date, 6th JULY 2018, in
Kalibo, Aklan, Philippines by Affiant who has satisfactorily proven to me her
identity through valid government Identification Card written below her
name; Affiant is known to me and to me known to be the same person who
executed the foregoing affidavit. I hereby certify that I have personally
examined the affiant and I am satisfied that she has freely executed the
foregoing affidavit and the allegations contained therein are fully
understood by her

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REPUBLIC OF THE PHILIPPINES

SIXTH JUDICIAL REGION

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. XXXXXX

COMPLIANCE AND TRANSMITTAL

COMES NOW, the undersigned respondent and unto the Honorable

That the undersigned received the Honorable Court’s Summons

That the undersigned respectfully submits her attached counter-

The filing of the instant counter-affidavit and other supporting

Respectfully submitted. 9 July 2018. Kalibo, Aklan, Philippines.

Copy furnished by Registered Mail:

I, Anthony G. Taberna, of legal age, Filipino, married and a resident of

1. That I am the respondent in the above-entitled case for the

3. That the complaint of Trexie S. Angeles did not contain the

4. That there were no attached photocopies of the back portion of the

4. That on September 4, 2018 at around 3:00 o’clock in the

5. That on September 7, 2018 at around 9:00 o’clock in the morning,

6. That in my ____ years of business dealings, I have never been

That I am executing this Counter-Affidavit to attest to the truth of the

IN WITNESS WHEREOF, I hereby sign this counter-affidavit on this date

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