Republic of the Philippines

Department of Justice
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
San Andres, Santiago City

KEITH ANGELA SAFLOR PALANA,

Complainant,

NPS Docket No: II-04-INV-20k-00290

-versus- For: Multiple Counts of Acts of

Lasciviousness in relation to R.A. 7610.

ROLANDO VENTURA GAUDIA JR.,

Respondent.
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COUNTER-AFFIDAVIT

RESPONDENT ROLANDO VENTURA GAUDIA JR., of legal age,

Filipino, single, and presently residing at Purok 6, Buenavista,
Santiago City, by himself, and unto this Honorable Office most
respectfully moves and states, That-

1. I am the same person named as respondent in this affidavit;

2. I vehemently deny the allegations against me for being

malicious, baseless and whimsical, the truth of the matter
being that-
 2.1. Just like the other kids inside our compound 1, Keith
Angela Saflor Palana, “Angela” for brevity”, was kissed on
her cheek and neck, placed on top of my lap and the
same were known and witnessed by our neighbors-
relatives living inside our compound as I did it in the
open. There was nothing malicious in it but purely
tenderness or affection as Angela is a niece to me.
Angela’s father and I are first cousin;

2.2. Ashley Villanueva, Adrian Villanueva, Jimson Gaudia,

Alonzo Palana, Jericka Fae Palana, Yzabelle Mierra
Ventura, Marc Kevin Ventura, Marc Bryan David
Ventura, Raniel Jun Catbagan, Roxanne Leigh Catbagan,
Ren Kyle Catbagan, Stephanie Ventura, and Alyannah
Kweencie Palana, who are all my relatives were kissed
and had them on my lap and the same were also known
and witnessed by our neighbors-relatives. Nothing
malicious but affection for them. If there is truth in
Angela’s allegations she could have secured a competent
document to prove that indeed she was rudely treated;

2.3. There was no truth to Angela’s claim that I stripped her

of dress and caressed and kissed her breast, pulling off
her short and touch her vagina inside our house, outside,
and inside Angela’s home. For if it were true, I could have
easily seen by my mother, brother, aunts and uncles and
Angela’s mother and practically all our neighbors-

Ashley Villanueva, Adrian Villanueva, Jimson Gaudia, Alonzo Palana, Jericka Fae Palana,
1

Yzabelle Mierra Ventura, Marc Kevin Ventura, Marc Bryan David Ventura, Raniel Jun
Catbagan, Roxanne Leigh Catbagan, Ren Kyle Catbagan, Stephanie Ventura, and Alyannah
Kweencie Palana;
 relatives inside our compound would saw me doing it.
The repercussions are immediate and no one would spare
me from malicious activities should the allegations be
true;

2.4. The claim against me was nothing but a mere product of

pure imagination free from any appreciations or mis-
appreciations. For one thing, Angela’s father and I are
first cousin. Second, Angela is a niece to me, and Third,
how could Angela’s claimed be true- (kissing/ licking her
breast and pulling off her short and touching her vagina)
where I could have hired a hostess to fulfill my wildest of
dreams. In that way, I would be free from persecution in
the eyes of my neighbors-relatives;

2.5. The allegations that I have been doing scurrilities to

Angela everytime I went home from work and before
going to work were simply unbelievable. I was then
working in the construction. As such, I woke up early at
5:30 - 6:00 in the morning to cope up with 7:00 O’clock
in the morning and 5:00- 5:30 in the afternoon from
Monday to Saturday, and on Sunday I was allowed to
work part-time by Ronnie Talania. (Copy of the Affidavit of
Ronnie Talania is hereto attached marked as Annex “1” and made
integral part hereof)

2.6. Assuming without granting that Angela’s version was

true, there is no way that I could have perpetrated the
 felonious act as there are hindrances or obstacles. First, I
have my work which is from 7:00 O’clock in the morning,
preluded by 6:00-6:30 O’clock in the morning to attend
personal necessities and 5:00 in the afternoon and added
to it the approximate 30 minutes of going home to make
it 5:30 in the afternoon from Monday to Saturday, so how
could I subjected Angela to my nefarious act? Second,
one may say how about on Sunday? Well, I have a part-
time on Sunday. Third, all the allegations happened
inside our compound and there were lot of individuals
inside the compound, including the mother of Angela,
Margie Saflor Palana that could have seen us (Angela and
I) because most of us have no job to speak of but there
was none as I did nothing malicious to Angela; and
Fourth, the allegation that I applied force to Angela’s
hand everytime I feel like doing it is also untrue. If I
applied force to her hands she would have been sprained
or cripple;

2.7. One thing more, I could not understand allegations (13)

that “Pumasok si tito Onyok sa bahay habang nanunood
po ako sa cellphone. Nakalimutan kong isara ang pintuan.
Bigla po akong kinuha ni tito Onyok (referring to the
respondent) at kinandong. Sinilip po kami ng lola Onor
(mother of Alvin Ventura Palana, father of Angela) at
Nakita nya po kami sa loob. Pinaalalahanan ako ni
lola na huwag magsaksak ng kuryente. xxx” it is
really an off-tangent recollection of fact more so that the
complaint is for multiple counts of acts of lasciviousness
in relation to R.A. 7610;
2.8. The complaint is replete of witnesses such as lola Vangie,
lola Onor (Eleonor Ventura Palana), lolo Edwin, tito
Daniel and Weng-weng. Unfortunately, there is not even
a single affidavit, not even Onor who is the paternal
grandmother of complainant, who could have testified
that indeed complainant statement is true. Indeed no one
especially a grandmother would tolerate such act
perpetrated against her granddaughter. While it is true
that Eleonor Ventura Palana is a relative to both
complaint and the respondent, nevertheless dictate of
blood would naturally be in the complainant’s side
should the allegations be true more so she is the second
degree relative in the direct ascending line to the
complainant but here the grandmother choses to zipped
her lips off as she knew very well that the allegations in
the complaint were false;

2.9. Also, Angela’s mother, Margie Saflor Palana, said that it

was known by to by weng-weng. First, there is no
reliance from us if Margie Saflor Palana chanced upon on
weng-weng and asked about what happened to Angela as
the same is purely her allegation without weng-weng
confirming it. Second, there is truth to the response of
weng-weng, if ever he was asked, as Angela and I were
seen jokingly kissing on her cheek and cuddled on top
my lap without malice provided weng-weng shall execute
a document confirming it. In other words, the allegation
as to weng-weng if unaccompanied by competent
document, like this one, remains to be an allegation
 reason for which it deserved scant consideration from
this Honorable Office;

2.10.The conversation that we had On October 28, 2020, with

our uncle Elyjohn was true but I vehemently and
repeatedly deny the allegations of Angela as there was no
truth to it. The actuation of mine that “nu adda man
nagbasulan ko kenya yu pasensyahan yu lattan” was a
way to get out of the conversation as my cousin Alvin
Ventura Palana and his wife Margie Saflor Palana were
already infuriated at me which defeated the purpose of
our uncle Elyjohn Ventura to have an orderly discussion
of our concerns;

2.11.As it stands, there is neither direct evidence to prove that

I have done the imputation against me despite of the
many people in our compound to testify should it be true
nor circumstantial evidence to prove that I have
committed it;

2.12.In the prosecution of a case, he who alleges that a crime

has committed by another, has the burden of proving the
same and not the other way around;

2.13.In Quizon v. Juan, 554 SCRA 601, the High Court

echoed, that-
 “Bare Allegations can never be
equated with proof. Thus in the
absence of proof to
substantiate the said
allegations, the same cannot
be utilized as a basis for
finding probable cause. Since
allegations without proof is a
mere suspicion” [emphasis and
underscoring supplied];

2.14.While the term “Probable Cause” eludes exact definition,

jurisprudence nonetheless teaches us that it is the
existence of such facts and circumstances as would
excite the belief in a reasonable mind, acting on the facts
within the knowledge of the prosecutor, that the person
charged was guilty of the crime for which he was
prosecuted (Yu v. Sandiganbayan, 410 Phil. 619, 627). And that
in the preliminary investigation, the public prosecutor
merely determines whether there is probable cause or
sufficient ground to engender a well-founded belief that a
crime has been committed, and that the respondent is
probably guilty thereof and should be held for trial.

Case law, however, also teaches us that to “engender a

well-founded belief that a crime has been committed”
complainant must be able to substantiate its allegation
though less than what is required to warrant conviction it
nevertheless requires more than bare suspicion said the
high tribunal in Chan Vs. Sec. of Justice, 548 SCRA
 337, in elucidating on the concept of probable cause
where the High Court with emphatic language, said-

“Probable cause need not be

based on a clear and
convincing evidence of guilt as
the investigating officer acts
upon reasonable belief.
Probable cause implies
probability of guilt and
requires more than bare
suspicion but less than
evidence which would justify
convictions” [emphasis and
underscoring supplied];

3. I am executing this counter-affidavit to attest the veracity

and truthfulness of the foregoing facts and circumstances.
Further, respondent prays for the dismissal of the above-
captioned case for utter lack of merit;

IN WITNESS WHEREOF, I have signed my name this 18 th day

of December 2020, at Santiago City.

ROLANDO VENTURA GAUDIA JR.,

ID. ______________________________
_________________________________

SUBSCRIBED AND SWORN to before me this 18th day of

December 2020, at Santiago City.
 I further certify that I personally examined the affiant and I am
satisfied that he voluntarily executed and understood his affidavit.

___________________________
Administering Office

Copy furnished:

KEITH ANGELA SAFLOR PALANA

Complainant
Thru-

Alvin Ventura Palana & Margie Saflor Palana

Purok 6, Buenavista, Santiago City

Republic of the Philippines }

City of Santiago }SS.
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AFFIDAVIT OF WITNESS

I, EVANGIELYN V. GAUDIA, of legal age, Filipino and resident

of Purok 6, Buenavista, Santiago City, after having been duly sworn
to in accordance to law, hereby depose and states, That-

1. I am the same person executing this affidavit;

2. I am a housewife and the mother of Rolando V. Gaudia Jr.,

3. That almost all of the time, I was inside our home at Purok
6, Buenavista, Santiago City doing household chores;

4. In several instances, I have personally seen my grandchild

KEITH ANGELA SAFLOR PALANA playing jokingly with his
uncle Rolando V. Gaudia Jr., inside our house, outside, and
at Angela’s house by kissing her cheek and neck and sitting
on her uncle’s lap;

5. There is absolutely want of truth about the allegations

against Rolando V. Gaudia Jr., that the latter was kissing
Angela at her breast, pulling off her short, and touching her
vagina because if it were true I should be the one to call the
attention of Rolando V. Gaudia Jr;
 6. We are living in one compound where suspicious and
unwanted actions coming from outsider including dwellers
in our compound may immediately noticed. Added to it was
the fact that majority of us being jobless as such, the
allegations against Rolando could be the result of anger,
mis-understanding and mis-appreciation of facts between
Margie Saflor Palana (the mother of Angela) and Rolando V.
Gaudia Jr., that could eventually tutored Angela to tell
otherwise to the authorities;

7. I am executing this affidavit for the purpose of attesting to

the veracity of the foregoing facts and circumstances and in
support to the counter-affidavit filed by Roland V. Gaudia
Jr., against KEITH ANGELA SAFLOR PALANA.

IN WITNESS WHEREOF, I have signed my name this

______________ at Santiago City.

EVANGIELYN V. GAUDIA
Affiant
_________________________
_________________________

SUBSCRIBED AND SWORN TO before me this _____________at

Santiago City.

Doc. No. …….;

Page No. …….;
Book No. ……;
Series of 2020.
Republic of the Philippines }
City of Santiago }SS.
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AFFIDAVIT OF WITNESS

I, MARC DANIEL V. GAUDIA, of legal age, Filipino and

resident of Purok 6, Buenavista, Santiago City, after having been
duly sworn to in accordance to law, hereby depose and states, That-

1. I am the same person executing this affidavit;

2. I am grade 11 student at City High, Calaocan, Santiago

City;

3. I am the one being referred to as Tito Daniel in the

SINUMPAANG SALAYSAY filed by KEITH ANGELA SAFLOR
PALANA against Rolando Ventura Gaudia Jr.;

4. There was no tell-tale that Angela was brought inside my

room nor any woman for that matter as the room was in
order- the way I left it in the morning until the afternoon;

5. Angela did not tell me anything much less any untoward

incident involving her and my elder brother Rolando
Ventura Gaudia Jr.,

6. I am executing this affidavit for the purpose of attesting the

veracity and truthfulness of the foregoing facts and
circumstances;

IN WITNESS WHEREOF, I have signed my name this

__________ at Santiago City.

MARC DANIEL V. GAUDIA

Affiant
Student ID _______________

SUBSCRIBED AND SWORN to before me this _____________ at

Santiago City.

Doc. No. _______;

Page No. _______;
Book No. _______;
Series of 2020.
Republic of the Philippines }
City of Santiago }SS.
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AFFIDAVIT OF WITNESS

I, EDWIN G. VENTURA, of legal age, Filipino and resident of

Purok 6, Buenavista, Santiago City, after having been duly sworn to
in accordance to law, hereby depose and states, That-

1. I am the same person executing this affidavit;

2. I am the one being referred to as lolo Edwin in the

Sinumpaang Salaysay executed by minor KEITH ANGELA
SAFLOR PALANA;

3. I know the person of ROLANDO VENTURA GAUDIA JR.,

a.k.a. Onyok, of being a good neighbor and relative;

4. He does not have any record in the barangay, be it

infraction of ordinances or infraction relating to his moral
character, there was none or whatsoever. Onyok was and
still a good man;

5. Onyok’s affection to his relatives was great specially to his

younger relatives. He even kissed, cuddled, placed on his
lap his children relatives;

6. I am executing this affidavit for the purpose of attesting to

the veracity and truthfulness of the foregoing facts and
circumstances.

IN WTNESS WHEREOF, I have signed my name this ________at

Santiago City.
 EDWIN G. VENTURA
Affiant
ID. _________________

SUBSCRIBED AND SWORN to before me this ________________

at Santiago City.

Doc. No. _____;

Page No. _____;
Book No. ____;
Series of 2020.
Republic of the Philippines }
City of Santiago }SS.
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AFFIDAVIT OF WITNESS

I, ELYJOHN VENTURA, of legal age, Filipino and resident of

Purok 6, Buenavista, Santiago City, after having been duly sworn to
in accordance to law, hereby depose and states, That-

1. I am the same person executing this affidavit;

2. I knew the persons of KEITH ANGELA SAFLOR PALANA,

MARGIE SAFLOR PALANA and ALVIN VENTURA PALANA
not only because they are my neighbors but because they
are my relatives;

3. I also knew the person of ROLANDO VENTURA GAUDIA

JR., a.k.a. “Onyok”. Just like the family of Alvin Ventura
Palana, Onyok is also a relative and neighbor to me;

4. From boy to a young man, Rolando Ventura Gaudia Jr., is a

sweet and loving person especially to his younger relatives
and it matters not whether boy or girl;

5. I knew this because my kids were also cuddled, kissed, and

put onto the lap of Rolando Ventura Gaudia Jr.,

6. There is nothing malicious in it or whatsoever because my

kids, just like the other kids in our compound, were
relatives to Rolando Ventura Gaudia Jr.,

7. I also knew that Rolando Ventura Gaudia Jr., was then

working as construction worker for Ronnie Talania from
7:00 O’clock in the morning to 5:00 O’clock in the afternoon
from Mondays thru Saturdays and part-time on Sunday. I
say this because I saw Rolando daily;
 8. Likewise, I hereby attest that majority in our compound has
no 8:00 am -5:00 pm job;

9. In my sincere and honest belief, Rolando Ventura Gaudia

Jr., did not commit the same;

10. I am executing this affidavit for the purpose of attesting

the veracity and truthfulness of the foregoing facts and
circumstances;

IN WITNESS WHEREOF, I have signed my name this

_____________ at Santiago City.

ELYJOHN VENTURA
Affiant
ID: ________________

SUBSCRIBED AND SWORN to before me this _______________

at Santiago City.

Doc. No. _______;

Page No. _______;
Book No. _______;
Series of 2020.
Republic of the Philippines }
City of Santiago }SS.
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AFFIDAVIT OF WITNESS

We, ASHLEY VILLANUEVA, ADRIAN VILLANUEVA, JIMSON

GAUDIA, ALONZO PALANA, JERICKA FAE PALANA, YZABELLE
MIERRA VENTURA, MARC KEVIN VENTURA, MARC BRYAN DAVID
VENTURA, RANIEL JUN CATBAGAN, ROXANNE LEIGH
CATBAGAN, REN KYLE CATBAGAN, STEPHANIE VENTURA, AND
ALYANNAH KWEENCIE PALANA, Filipino, minor, accompanied by
their parents, and resident of Purok 6, Buenavista, Santiago City,
after having been duly sworn to in accordance to law, hereby
depose and states, That-
Republic of the Philippines }
City of Santiago }SS.
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AFFIDAVIT

I, RONNIE TALANIA, of legal age, Filipino, and resident of

Buenavista, Santiago City, after having been duly sworn to in
accordance to law hereby depose and states, THAT-

1. I am the same person executing this affidavit;

2. I attests to the fact that Rolando V. Gaudia Jr, a.k.a. Onyok

is under my employment on ____________ to _______________;

3. I likewise attests to the fact that he is working from 7:00

0’clock in the morning to 5:00 0’clock in the afternoon daily
from Mondays to Saturdays. I likewise attests that he had
part-time on Sundays;

4. During his stay, I would say that Onyok was peaceful, law-
abiding citizen, cheerful, friendly and industrious;

5. I am executing this affidavit for the purpose of attesting to

the veracity and truthfulness of the foregoing facts and
circumstances;

IN WITNESS WHEREOF, I have signed my name this

_________ at Santiago City.

RONNIE TALANIA
Affiant
ID_________________

SUBSCRIBED AND SWORN to before me this _______________

at Santiago City.

Doc. No. ______;

Page No. ______;
Book No. _____;
Series of 2020