Republic of the Philippines )

Calbayog City ) S. S.

COUNTER-AFFIDAVIT

I, ERMEDIO QUILING, Filipino, of legal age, and resident of Brgy. Cabunga-

an, Almagro, Samar, after being sworn to in accordance with law, do hereby depose and
say –

That I am the respondent in NPS Docket No. VIII-09d-INV-13G-00044 for

Violation of Article 172 (2) in relation to Article 171 of the Revised Penal Code filed
before the Provincial Prosecution Office of Calbayog City;

That Article 172, par. 2 punishes “any person who, to the damage of a third party,
or with the intent to cause such damage, shall in any private document commit any of the
acts of falsification enumerated in the next preceding article”;

That although private complainant did not specify under what paragraph of
Article 171 of the Revised Penal Code she is charging me, it can be inferred that her
claim that she does not own the signature above the printed name of her mother Enriquita
A. Bacunawa in a private document denominated as “Recibo” dated August 23, 2005
(Annex “B-1” of the complaint) may fall under paragraph 1 on counterfeiting or imitating
his handwriting or signature, or paragraph 2 on causing it to appear that she participated
on the execution of the said document;

That however, under any paragraph of Article 171, I could not be held liable for
falsification of document based merely on the Judicial Affidavit/Complaint of
complainant Adnha Madriaga which contains hearsay statements;

That the mere fact that there appears a signature of one Adna Bacunawa in the
“Recibo” does not by itself mean that it was me who signed it and forged complainant’s
signature.

In her judicial affidavit-complaint, Adna Bacunawa stated:

“33Q: What did you do when you saw that signature which reads “Adnha
Bacunawa?

33A: I asked the Matalaos as to whose signature that is.

34Q: What did they tell you?

34A: They told me that Ermedio Quiling told them that it is my signature.”

Private complainant’s statement above is apparently hearsay not being based on

her personal knowledge. If it is true that the Matalaos informed her of such fact, why she
did not made them execute their affidavits to support her complaint?

Absent any relevant and competent evidence that would show that it was me who
affixed the signature of the complainant, I could not be properly charged of the offense.
Otherwise, any person could just forge the signature of anybody and impute the act of
forgery to any one, like me in this case.

That I am executing this affidavit to attest to the truth of the foregoing statements
with a prayer for the dismissal of the case against me.
 IN WITNESS WHEREOF, I have hereunto set my hand this 26 th day of
September, 2013 at Calbayog City.

ERMEDIO QUILING
Affiant

SUBSCRIBED AND SWORN TO before me this 26th day of September, 2013 at

Calbayog City.