REPUBLIC OF THE PHILIPPINES }

Province of Catanduanes }
Municipality of Virac } S.S.
x-----------------------------------------------------x

COUNTER-AFFIDAVIT

Respondent, XXXXXXXXXXXXXXX, of legal age, single, Filipino and with residence

at XXXXXXXXXXXXXXX, XXXXXXXXXXXXXXX,, most respectfully files this Counter-
Affidavit and under oath deposes and states that:

1. I recently learned that I have been made respondent in a complaint affidavit

by one XXXXXXXXXXXXXXX,, an administrative charge for Gross
Misconduct, Violence Against Women, and Sexual Harassment;

2. The charge is anchored on the allegation that I committed such violations

by cursing her, throwing threats against her and physically injuring her;

3. I vehemently deny all the material allegations of the complainant. There is

neither factual nor legal basis to charge me with Gross Misconduct, Violence
Against Women and/or Sexual Harassment. To rebut and contradict
Complainant’s malicious lies, I set forth the true circumstances below;

4. I first met XXXXXXXXXXXXXXX,,

complainant, in my
XXXXXXXXXXXXXXX,subject during the first semester of the academic year
2017-2018 at the XXXXXXXXXXXXXXX,;

5. After said semester, during the summer break, we started exchanging text
messages and by the passing of time I fall for her;

6. Contrary to the allegation of the complainant, the arguments we did have

are but normal facet of a relationship. Our arguments would always center
on her academic behavior and not caused by jealousy;

7. I may have sent to the complainant through short message system some bad
choice of words and threats of confronting her parents but this are all
emotional outbursts and spur of the moment which is again a typical in a
relationship and to which I already sincerely asked for forgiveness;
 8. I fervently deny that I physically injured the complainant. It is not my nature
to hurt a woman having brought up in life with women around me.
Complainant failed to substantiate such allegation with material evidence
such as medical record, photograph, or police or barangay blotter for that
matter;

9. There is no tinge of truth to the statements of XXXXXXXXXXXXXXX,and

XXXXXXXXXXXXXXX,I did not shout at, curse and demean the person of the
complainant during our classes. Their statements are self-serving and
tainted of bias being close friends of the complainant.

10. It is utterly inexplicable that the complainant would hold me liable for Gross
Misconduct/Grave Misconduct when all I did was to guide her to be a good
student in the university. Misconduct is a transgression of some established
and definite rule of action, more particularly, unlawful behavior or gross
negligence by a public officer. The misconduct is grave if it involves any of
the additional elements of corruption, willful intent to violate the law or
disregard established rules, which must be established by substantial
evidence.1

11. Upon careful reading of the complaint, it is clear that respondent did not in
any way violate established and definite rule of action nor did any of my
action involved elements of corruption, willful violation of the law and
willful disregard of established rules.

12. I hereby depose that I did commit no acts constituting violence against
women. Complaint is bereft of any allegation specifying particular act or
acts that would amount to acts of violence against women and their children
as provided for under Section 5 of Republic Act 9262.2

13. Complaint alleges commission of Sexual Harassment. This allegation is

denied for being farthest from the truth. Complaint fails to mention and
neither did I commit, any act that would constitute Sexual Harassment as
provided for under the law;

14. Under the law, administrative offense of sexual harassment is an act, or a series of
acts, involving any unwelcome sexual advance, request or demand for a sexual
favor, or other verbal or physical behavior of a sexual nature, committed by a

1 Civil Service Commission v. Ledesma, G.R. No. 154521, September 30, 2005
2 Anti-Violence Against Women and Their Children Act of 2004
 government employee or official in a work-related, training or education related
environment of the person complained of.

(b)Education or training-related sexual harassment is committed against one who is

under the actual or constructive care, custody or supervision of the offender, or
against one whose education, training, apprenticeship, internship or tutorship is
directly or constructively entrusted to, or is provided by, the offender, when:

a. submission to or rejection of the act or series of acts as a basis for any

decision affecting the complainant, including, but not limited to, the giving
of a grade, the granting of honors or a scholarship, the payment of a stipend
or allowance, or the giving of any benefit, privilege or consideration

b. the act or series of acts have the purpose or effect of interfering with the
performance, or creating an intimidating, hostile or offensive academic
environment of the complainant

c. ) the act or series of acts might reasonably expected to cause discrimination,

insecurity, discomfort, offense or humiliation to a complainant who may be
a trainee, apprentice, intern, tutee or ward of the person complained of.3

15. Hence, by virtue of these grounds, the present complaint deserves no other
resolution but an outright dismissal.

FURTHER AFFIANT SAYETH NAUGHT.

IN TRUTH WHEREOF, I hereby affix my signature this _________day of October

2018 at XXXXXXXXXXXXXXX,, Philippines.

XXXXXXXXXXXXXXX,
Respondent

3Section 5 Civil Service Commission Resolution No. 01-0940, Administrative Disciplinary Rules on Sexual Harassment Cases