Republic of the Philippines)

Province of Bohol )
City of Tagbilaran )
x -------------------------------/

COUNTER AFFIDAVIT

I, CHARLENE POLINAR, of legal age, Filipino, single, with residence and postal
address at Poblacion I, Garcia Hernandez, Bohol, after having been sworn in accordance
with law, respectfully states that –

1. That I am the respondent in the complaint filed against me by the herein

complainant Rachel Cabalit on the charge of Estafa.

2. That the instant criminal complaint is a malicious, baseless, felonious,

unfounded, and unjust fabrication by the Complainant intended to recover from
me a sum of money amounting to ₱ 50,000.00 used as investment to Bright
Future Co. which I was just a mere manager and not the owner thereof.

3. That I categorically state that:

a. I did not commit any of the illegal acts alleged by the Complainant;
b. The act of the Complainant in initiating this Complaint against the me, has
caused mental anguish, anxiety, sleepless nights, and besmirched
reputation on my part;
c. The I shall file a counter-charge for PERJURY against the Complainant for
the false and malicious accusations she has instigated against me.
d. The I reserve the right to file an independent civil action for Torts and
Damages against the complainant for initiating this unjust, unfair,
baseless, reckless, and irresponsible case.

4. That the truth of the matter herein this case, is that:

a. As to paragraphs 2 and 20 in the Complaint-Affidavit, I am denying the
same for the reason that I am not doing business under the name of Bright
Future Co., I a mere employee of Bright Future lending Investor
Tagbilaran Branch duly registered with the Securities and Exchange
Commission as “BF LENDING INVESTOR INC.” which stands for Bright
Future Lending Investor Incorporation.
b. That I first met the Complainant last November 12, 2019 when she was
introduced as a friend by my cousin, Genesis Yarte,. According to Genesis,
Complainant was an engineer who was looking for investment
opportunities. As the Complainant heard from Genesis that I was engaged
into lending, she asked if she could invest in the corporation;
c. That I thoroughly explained to Complainant that I was not the owner of
the corporation and was just acting as the mere manager of its Tagbilaran
Branch, and the latter made an impression that she understood such. The I
then suggested that if she really wanted to invest in the corporation she
should buy stocks from it.;
d. That Complainant asked for my help in processing her acquisition of
stocks. Contrary to her allegations in paragraphs 5-9 of the Complaint, I
never offered an average income of 1,000,000.00 per year, with travel
incentives and product freebies to the Complainant. In fact in her
complaint affidavit she stated that “ She then asked me to send a
 completely filled up application form to charlenepolinarbfc@gmail.com so
that she could forward it to the head office” which application was for the
buying of stocks to be forwarded to the main office and be approved.
e. That I explained to Complainant that she cannot always be 100% assured
that she will be awarded of the shares of stocks, as it all depends on the
head office’s decision. But, as she insisted, so I agreed;
f. That on the process, complainant asked me if I was certain about Bright
Future and its legitimacy. I said that I was, because I had been working
with the company for a long time already as the manager of its Tagbilaran
Branch;
g. That I deny the allegations in paragraphs 9-12 because never received the
amount of ₱ 50,000.00 from the complainant because as per company
policy, transactions made for stock sales and exchanges should be done in
the main office or by accredited brokers and respondent id not one of
them.
h. That the allegation on paragraph 13 is denied due to the fact that I never
issued any receipt. Thus, Complainant’s receipt is a forgery and a sham.
i. That there is also no truth to Complainant’s allegation that Complainant
On November 30, 2019, went to my office in 2/F, Bustrillos Building,
Poblacion II, Tagbilaran City and was told to wait for a week for the result
of her membership application and that she would also be receiving her
certificate in one-week time, the truth being that there was no transaction
made the way the complainant stated it because the respondent cannot
transact the same.;
j. That I admit Complainant’s allegations in paragraph 14-19 of the
Complaint as by that time I had already resigned from work and went
abroad for the Holidays.
k. That after New Year the I the started working in Cebu City as Manager for
a resort named Maayo Hotel owned by Primary Group of Builders and
my whole family moved with me to Cebu that is why no one was at our
house when she came. A copy of the certificate of employment is hereto
attached as Annex “4”.
l. That I did not anymore communicate with the complainant because I had
no underlying obligation with her;
m. That there is also no truth to Complainant’s claim that Bright Future is
open for renting.

5. That the accusations against me are clearly fabricated as it can be clearly seen
from the documents presented as evidence and the inconsistencies in the
Complaint-Affidavit and affidavit of witness of the complainant, to wit:
a. In paragraph 20 of the complaint affidavit the Complainant alleged that
Bright Future Co. is not registered by Securities and Exchange
commission. The complainant clearly made a mistake because the
corporation is name Bright Future lending Investor Tagbilaran Branch
wich is duly registered with the Securities and Exchange Commission as
“BF LENDING INVESTOR INC.” which stands for Bright Future Lending
Investor Incorporation. A copy of the SEC Certificate of Registration is
hereto attached as Annex “1” and screen shots from the website of SEC
which contains the list of lending companies which BF Lending and
Investment INC. is included is hereto attached as Annex “2”.
b. In paragraphs 9-12 the complainant alleged that she gave me 50,000.00
which is clearly fabricated evidenced by the inconsistency of the
Complainant’s complaint affidavit and affidavit of witness were in the
witness states that “I witnessed Jessie Doe giving the 50,000.00 cash to
 Charlene Polinar and the latter providing an Acknowledgement Receipt to
Rachel Cabalit” but there was no mention of a certain Jessie Doe in the
complaint affidavit of the Complainant, in fact she mentioned that she
personally prepared the money and personally reported to my office.;
c. In paragraph 13 she mention that I issued her a receipt after receiving the
money. However the receipt she presented as evidence is not the same
receipt which Bright Future officially owns. As evidence of this fact,
attached is a copy of BF Lending and Investors Official Receipts which
contain Control Numbers as mandated by the Bureau of Internal Revenue.
The Complainant’s alleged Official Receipt on the other hand is not what
is mandated by the BIR and clearly made up. Comparison is hereto
attached as Annex “3”.
d. In paragraph 19 The complainant stated that the Office of Bright Future is
open for lending. As to date, Bright Future continued to hold office at the
same location as evidenced by the Lease Agreement attached hereto as
Annex “5” with Maria Cuyno.;

6. From the circumstances above, there is no basis to hold me liable for Estafa by
means of deceit, as these acts fail to constitute the elements for the said crime. As
held by the court in the case of Rosita Sy v. People of the Philippines, , the
elements of estafa by means of deceit are the following, viz.: (a) that there must
be a false pretense or fraudulent representation as to his power, influence,
qualifications, property, credit, agency, business or imaginary transactions; (b)
that such false pretense or fraudulent representation was made or executed prior
to or simultaneously with the commission of the fraud; (c) that the offended
party relied on the false pretense, fraudulent act, or fraudulent means and was
induced to part with his money or property; and (d) that, as a result thereof, the
offended party suffered damage.

7. In this case, Respondent never represented that it could give an average

income of 1,000,000.00 per year, with travel incentives and product freebies.
From the very beginning, Respondent had explained that what it can only
assist the Complainant in her plan to acquire stocks from Bright Future. The
Respondent did not receive any amount of money from the Complainant. If
indeed, there was any misrepresentation, it was not committed by
Respondent, but Bright Future itself or other person who transacted with the
complainant for the stocks that she was planning to buy. Having failed to meet
the other elements, damages suffered by Complainant becomes immaterial;

8. From the foregoing, it is clear that a case for Estafa cannot prosper. And so,
Respondent, prays that this case be dismissed for utter lack of basis, and all
other equitable reliefs prayed for.

IN WITNESS WHEREOF, we have hereunto set my hand this _____ day of

February, 2017 at Cebu City, Philippines.
CHARLENE POLINAR
Respondent

SUBSCRIBED AND SWORN to before me this ____ day of October, 2012 at

Mandaue City, Philippines; affiant exhibited to me his ________________________ with
No. ______________ and issued by the ______________________________ as competent
evidence of identity.

ATTY. BETH SALAB

NOTARY PUBLIC

Annex “1”
ANNEX “2”
 Screen Shot of SEC website containing List of Registered Lending Institution

Annex 3
Complainant’s Presented Receipt

Bright Future’s Official Receipt

. ANNEX “4”
ANNEX “5”