REPUBLIC OF THE PHILIPPINES)

CITY OF CABANATUAN )
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COUNTER-AFFIDAVIT
with COMPLAINT for VIOLATION OF REPUBLIC ACT 9262 or the
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004

I, Daisy Ocampo, separated in bed and board from my husband since 2010, single
parent and a resident of Brgy. Barrera, Cabanatuan City, Nueva Ecija, after having been
duly sowrn in accordance with the laws hereby state that:

1. Complainant alleges that I committed fraud because allegedly:

a. I listed him, MANOLITO T. CERIN, as the father of our child, Malco
Santos Cerin; and
b. I put single instead of married in my marital status on our child’s birth
certificate;

2. MANOLITO posits that he is not the father of MALCO by insinuating that I

forged his signature. He asserts that since I am married on paper (legally
married), MALCO is presumed to be the son of my husband, Gilbert V. Ocampo.
My evidence can overcome this PRESUMTION;

3. First, my husband (Gilbert V. Ocampo) and I have been separated for more than
10 years now. He and many other people can attest to this fact, even complainant
himself if he would just be truthful;

4. Second, MANOLITO would like to impress the Honorable Public Prosecutor that
he does not know me and that he does not know my child or at the very least that
we have no relationship whatsoever. Without laying the basis as to how it came
to his knowledge, MANOLITO claims that he merely discovered that he was listed
as MALCO’s father in the latter’s birth certificate. The truth of our relationship is
as follows:

a. Sometime in the year 2012 (I was already separated from my husband

Gilbert), I met MANOLITO through a common friend. He courted me and
I fell for his sweet promises.
b. We became sweethearts in 2013 and he stood as the father of my children.
He was able to provide for our needs except that his time was limited as he
had a family of his own.
c. He wanted us to have a baby of our own and through our efforts I became
pregnant in 2013 and 2016 however both resulted in miscarriages.
d. Finally, we had MALCO on October 5, 2018.

5. Absent proof, complainants bare allegation of non-participation in the execution

of MALCO’s birth certificate1 should merit scant consideration;

6. On the other hand I have the copy of his Affidavit to Use Surname of the Father 2
wherein he acknowledged MALCO as his son, together with photocopies of his
government-issued identification cards3. His signatures in the said
documents are identical with the signature in MALCO’s birth
certificate;

1
Annex “1” in the complaint be marked as Annex “A” for this Counter Affidavit;
2
Herein attached as Annex “B”;
3
Photocopy of complainant’s Voter’s ID is herein attached as Annex “C” and his Driver’s License as
Annex “C-1”;
 7. Furthermore, I am attaching photographs4 showing the intimate and warm
relationship my son, my other children and I had with MANOLITO before he
changed his mind and decided to abandon me and my son;

8. He even spent for and celebrated with us MALCO’s __ birthday. Then beginning
_____, he suddenly decided to disown MALCO and deny any kind of support to
me and my son;

9. Once I started demanding support from him, he turned the tables on me and filed
this harassment suit;

10. I would never falsify someone else’s signature just to involve him in the rearing of
my child. Complainant and I were together for around 8 years. It was through
this relationship with complainant alone that our son, MALCO, was born;

11. I pray that the Honorable Prosecutor dismiss the case filed by MANOLITO for
being purely a harassment suit.

12. Based on the foregoing I pray that a case be filed against MANOLITO T. CERIN
for violation of RA 9262, particularly Sections 3 (subsections C and D(number 1))
and 5 (subsection G, H(number 5), and I), to wit:

SECTION 3. Definition of Terms.- As used in this Act,

(a) "Violence against women and their children" refers to any act or a
series of acts committed by any person against a woman who is his wife,
former wife, or against a woman with whom the person has or
had a sexual or dating relationship, or with whom he has a
common child, or against her child whether legitimate or illegitimate,
within or without the family abode, which result in or is likely to result in
physical, sexual, psychological harm or suffering, or economic abuse
including threats of such acts, battery, assault, coercion, harassment or
arbitrary deprivation of liberty. It includes, but is not limited to, the
following acts: (emphasis ours)

C. "Psychological violence" refers to acts or omissions causing or likely to

cause mental or emotional suffering of the victim such as but not limited
to intimidation, harassment, stalking, damage to property, public
ridicule or humiliation, repeated verbal abuse and mental infidelity. It
includes causing or allowing the victim to witness the physical, sexual or
psychological abuse of a member of the family to which the victim
belongs, or to witness pornography in any form or to witness abusive
injury to pets or to unlawful or unwanted deprivation of the right to
custody and/or visitation of common children. (emphasis ours)

D. "Economic abuse" refers to acts that make or attempt to make a

woman financially dependent which includes, but is not limited to the
following:

1. withdrawal of financial support or preventing the victim

from engaging in any legitimate profession, occupation, business
or activity, except in cases wherein the other spouse/partner
objects on valid, serious and moral grounds as defined in Article
73 of the Family Code; (emphasis ours)

4
Attached herein as Annex “D”
 SECTION 5. Acts of Violence Against Women and Their Children.- The crime of
violence against women and their children is committed through any of the
following acts:

(g) Causing or attempting to cause the woman or her child to engage in

any sexual activity which does not constitute rape, by force or threat of
force, physical harm, or through intimidation directed against the
woman or her child or her/his immediate family; (emphasis ours)

(h) Engaging in purposeful, knowing, or reckless conduct,

personally or through another, that alarms or causes
substantial emotional or psychological distress to the woman
or her child. This shall include, but not be limited to, the following acts:
(emphasis ours)

(5) Engaging in any form of harassment or violence;

(emphasis ours)

(i) Causing mental or emotional anguish, public ridicule or humiliation to

the woman or her child, including, but not limited to, repeated verbal and
emotional abuse, and denial of financial support or custody of minor
children of access to the woman's child/children. (emphasis ours)

Daisy Ocampo
Affiant

Subscribed and Sworn to before me on _______________ here in Cabanatuan

City.