Republic of the Philippines

DEPARTMENT OF JUSCTICE
OFFICE OF THE PROVINCIAL PROSECUTOR
Province of Cagayan
Tuao, Cagayan

aaa NPS DOCKET NO. II-02T-INV-0000

Complainant,

-versus- for:

bbb ESTAFA & BP 22

Respondent.
x-----------------------------------------x

COUNTER-AFFIDAVIT

I, bbb, of legal age, single, Filipino and a resident of _______________, after having
been duly sworn to oath in accordance with law, hereby depose and state:

1. I am the respondent in the above-captioned case pending before the Honorable Office;
2. I vehemently and categorically deny the allegations of Ms. aaa for being false, baseless,
and a fabrication of real events, the truth of the matter being that:
a. I partially admit paragraph 7 of the complaint affidavit. It is true that aaa, herein
complainant, loaned me money amounting P105,000. However, I already paid
P20,000 on January 15, 2019 and on January 20, 2019 P35,000.
b. I categorically deny paragraph 10. I issued the checks mentioned in paragraph 9
long after she already gave me the money. The issuance of the checks was never
the reason why she parted with her money. The truth of which was she trusted
me because we were cousins and that she was enticed to lend me money
because of the 10% interest per month on the outstanding balance.
c. She gave me the money on August 12, 2019 and 5 days after, upon her request, I
issued 2 checks amounting to P50,000 and P55,000. The issuance of the checks
was never her consideration in lending the money. I issued the said check
because she requested that the same be issued in her favor to secure my
obligation.
d. In fact, the herein complainant was aware that my checking account in Security
Bank, ________________ was already closed.
e. I did not persuade, convince and entice aaa to lend me her money nor did I
commit any deceitful act to convince her to part with her money. Truth be told,
she already made up her mind when we agreed for 10 percent interest per
month.
f. As such, I did not make any false pretense or fraudulent representation to aaa,
prior to issuance of the two checks. To be made liable for “Estafa under Art. 315,
paragraph 2 (a) of the Revised Penal Code, the prosecution must prove: (1) that
the accused made false pretenses or fraudulent representations as to his power,
influence, qualifications, property, credit, agency, business or imaginary
transactions; (2) that such false pretenses or fraudulent representations were
made prior or simultaneous with the commission of the fraud; (3) that such false
pretenses or fraudulent representations constitute the very cause which induced
the offended party to part with his money or property; and (4) that as a result
thereof, the offended suffered damages.” (Emphasis ours)
g. Defraudation by means of deceit is conspicuously missing in the instant case.
Fraud, in its general sense, is deemed to comprise anything calculated to
deceive, including all acts, omissions, and concealment involving a breach of
legal or equitable duty, trust, or confidence justly reposed, resulting in damage
to another, or by which an undue and unconscientious advantage is taken of
another. It is a generic term embracing all multifarious means which human
 ingenuity can device, and which are resorted to by one individual to secure an
advantage over another by false suggestions or by suppression of truth and
includes all surprise, trick, cunning, dissembling and any unfair way by which
another is cheated. On the other hand, deceit is the false representation of a
matter of fact whether by words or conduct, by false or misleading allegations,
or by concealment of that which should have been disclosed which deceives or is
intended to deceive another so that he shall act upon it to his legal injury.

Based on the above disquisition, there is no proof that I defraud the private
complainant by means of deceit, neither did I intentionally, maliciously and
feloniously deceive her. Under pain of being repetitive, I just simply borrowed
money from her with the agreed 10 percent interest per month. To reiterate, our
transaction was a simple loan agreement.
h. I did not receive any demand or notice, oral or written, from aaa. In fact, on July
30, 2018 without any legal authority the herein complainant forcibly took
possession of my motorcycle and because of this incident, I immediately
reported the same to the Police Station. A copy of the Police Blotter is hereto
attached and marked as ANNEX “1”.
i. I partially admit paragraph 15, as to the confrontation before the Barangay
Officials of __________. The truth of the matter, I was already willing and able to
pay the remaining loaned obligation to the herein complainant amounting to
FIFTY THOUSAND PESOS. However, she insisted that I haven’t paid yet the Fifty
Five Thousand Pesos.

3. ALL TOLD, I am executing this counter-affidavit to attest to the veracity of the foregoing
facts and to pray for the immediate dismissal of the charge against me for utter lack of
merit and/or lack of probable cause.

IN WITNESS WHEREOF, I have hereunto set my hand this 13 th day of August 2019 at
___________, Cagayan.

bbb
Respondent

SUBSCRIBED AND SWORN TO before me this 13th day of August 2019 at ___________,
Cagayan. I hereby certify that I have personally examined the affiant and that I am fully
convinced that he voluntarily executed his counter-affidavit and that she has read and
understood the contents thereof.