REPUBLIC OF THE PHILIPPINES .

PASAY CITY METRO MANILA…….) S.S.

COUNTER-AFFIDAVIT

I, FERDINAND B. BUEN, of legal age, Filipino with postal address at No. 534-C E. Quintos St., corner sobredad St., Sampaloc,
Manila, after having duly sworn to in accordance with law do hereby depose and state THAT:

1. I was charged with R.A. 7610(CHILD ABUSE LAW) and Article 1, Section 4, R.A. 11313 (Safe Spaces Act) before the office
of the City Prosecutor of Pasay and the same was subjected to a Preliminary Investigation;

2. Both charges filed against me were all lies and bereft of truth when in truth and in fact it was only manufactured by
complainant-father of the minor victim to get even to herein respondent in connection with the incident that transpired on
November 13,2022 at around 8:00 P.M. at Sheraton Hotel wherein the complainant KERIM JASON UNLUATA(American
national)who were drunk at that time beat me up and continuously attacking me for no apparent reason and with the help of
complainant’s foreign companion and my relatives who are present at that time and they were able to pacify the
complainant;

3. My niece managed to bring me to St. Lukes Medical Hospital at BGC for proper medication and examination and an x-ray
result proved that I suffered “MILD TRAUMATIC BRAIN INJURY” at the hands of the complainant who is also a “retired
Chief of Police”of California, USA;(Copy of Physician disposition, medical certificate and statement of account from the
hospital are hereto attached as Annexes “A” to “A-4”)

4. The following day, November 14, 2022 at around 3:10 in the morning, the complainant (Kerim Unluata) and I came to an
agreement at the Barangay that I will not press charges against the complainant as long as the latter will shoulder all my
medical expenses for the mauling incident;(Copy of Barangay Blotter is hereto attached as Annex “B”)

5. In Paragraph 6 of “Sworn Affidavit of Complaint” that I “DIRECTLY addressing” the latter’s son (minor-victim) is
“MISPLACED” for that is the only first and the time I approached them at the pool bar and directly approached the
complainant’s foreign companion (not the minor victim and Mr. Unluata) whom were drinking at that time to give the eye
goggles I found near the pool bar and leave them immediately and went back to the pool to talk to my relatives and that’s the
time the complainant attacked and hit me at the back of my head repeatedly.

The term “ Child Abuse” is defined under Section 3(b) Article I of the same law as follows:

Section 3, definition of terms:

(b) “Child Abuse” refers to the maltreatment. Whether habitual or not, of the child which includes any of the following:
1) Psychological and physical abuse neglect cruelty, sexual abuse and emotional maltreatment
2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of the child as a human being.
3) Unreasonable deprivation of his basic needs for survival such as food and shelter: or
4) Failure to immediately give medical treatment of an injured child resulting in serious impairment incapacity or death.

R.A. 7610 defines and penalizes various acts constituting child abuse as defined in the afore-mentioned provision. It further
provides a “catch-all” provisions which penalizes other acts of child abuse not specifically addressed by the law particularly
Section 10(a), Article VI thereof, to wit:

Section 10, other acts of neglect, abuse, cruelty or exploitation and other conditions prejudicial to child’s development.
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible for other’s
condition, prejudicial to child’s development including those covered by Article 59 of Presidential Decree No 603, as amended, but
not covered by the Revised Penal Code as amended, shall suffer the penalty of prision mayor in its minimum period.

The complaint-affidavit filed by the complainant-father of the minor victim against herein respondent were not
supported any physical evidence nor any corroborating witnesses to prove (if there is any)that the latter had been debase the
“intrinsic and dignity” of a minor victim as a human being, or that he had thereby intended to humiliate or embarrass the minor
victim which only shows the lone intention of the complainant is to get back at herein respondent.

6. I am executing this Counter-Affidavit to attest to the truth of all foregoing facts and asking the Honorable Prosecutor to
DISMISS the charges filed against herein respondent for insufficiency of evidence.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 13 th day of January,2023 at Pasay City, Metro manila

FERDINAND B. BUEN
Respondent
SUBSCRIBED AND SWORN to before me this 13th day of January, 2023 at Pasay City,
Metro Manila.

Asst. City Prosecutor