Behec-Answer To The Criminal Case 63 Counts of Estafa

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Republic of the Philippines

Department of Justice
National Prosecution Service
Office of the City Prosecutor
City of Iligan

PEDRO MACASPAC,
Complainant,
I.S. No. 12345

For: 63 Counts of Estafa/Qualified Theft


-versus-

JUAN DELA CRUZ,


Respondent.

JUDICIAL COUNTER AFFIDAVIT


OF JUAN DELA CRUZ

PURPOSE
This affidavit constitutes as the direct testimony of JUAN DELA CRUZ, In
criminal case I.S. no. 12345 for 63 Counts of Estafa/Qualified Theft. This is
being offered to deny the allegations in the complaint and to accentuate
the defense of denial.

            I, JUAN DELA CRUZ, of legal age, Filipino, single, with postal address
at Purok 5, Permites Compound, Brgy. San Miguel, Iligan City, after having
been duly sworn to in accordance with law, do hereby depose and say that:

PRELIMINARY STATEMENT

The person examining me is ATTY. JOHN DOE, with office address at PUBLIC
ATTORNEYS OFFICE, Hall of justice, Iligan City. That I am fully conscious of
my answers to the questions propounded to me by my lawyer, under oath,
and I am fully aware that I might face criminal liability for false testimony or
perjury.

That I am the accused in the case now pending before the Office of the City
Prosecutor docketed as Criminal case I.S. no. 12345 entitled “People of the
Philippines versus JUAN DELA CRUZ, for SLIGHT PHYSICAL INJURIES.
QUESTIONS AND ANSWERS

1. Q: Do you swear to tell the truth but nothing but the truth to the
question herein to be asked on you?
A: Yes.

2. Q: Are you aware that the statements you are going to make in this
affidavit may be used against you in any future investigation
concerning this case?
A: Yes.
3. Q: I am informing you that you the right to remain silent, in which
case you will have no judicial affidavit, or you can continue answering
the following questions, freely and voluntary without being forced or
coerced?
A: Yes.
4. Q: Please tell me your name, age, address, and other personal
circumstances?
A: My name is Juan Dela Cruz, of legal age, Filipino, single, and a
resident of Purok 5, Permites Compound, Brgy. San Miguel, Iligan
City.

5. Q. Do you know the private complainant of this case, PEDRO


MACASPAC ?
A: I don’t know her personally Atty, all I know is that he is the
manager of XYZ Financing Company Inc.

6. Q: May I know the reason behind the execution of this Judicial


Counter Affidavit?
A: I am executing this JUDICIAL COUNTER AFFIDAVIT to answer and
deny the allegations of PEDRO MACASPAC.

7. Q: What can you say about the allegation against you?


A: I deny the all allegations filed against me. I diligently collect
every money and immediately remit such to XYZ Financing
Company. I strongly believe that they have no basis whatsoever in
filing such case against me, since the basis of their audit is
questionable. Also the system where they keep their records can be
accessed by anyone and there is a probability that there is just a
mistake of input.

8. Q: Do you have anything to add with regards to the allegations filed


against you?
A: With regards to the amount that I am accused of, if it is so true, I
could have used it to improve my financial status, but as you can
tell I don’t have any sources of income. I however, is willing to pay
the damages incurred by the complainants in installments since I
have yet to find a new source of income.

9. Q: Do you have anything more to add??


A: None.

10.Q: Do you affirm to the truthfulness of the allegations contained in


this affidavit?
A: Yes.

11.Q: Are the allegations in this affidavit freely and voluntarily given by
you?
A: Yes.

12.Q: Are you aware that you will be charged of perjury if it turns out
that your statement here is false or fabricated?
A: Yes.

IN WITNESS WHEREOF, I hereunto affix my signature this 9th day of


May 2023, in Iligan City, Philippines.

JUAN DELA CRUZ


Affiant

SUBSCRIBED AND SWORN to before me this 9th day of May 2023 in


Iligan City, Philippines. I certify that I have examined the affiant and
satisfied that he freely and voluntarily executed the foregoing affidavit and
that he understood the same.
JOHN DOE
Public Attorney II
PUBLIC ATTORNEY’S OFFICE
Iligan City
Pursuant to R.A. 9406

ATTESTATION
I, Atty. JOHN DOE, under oath say, that:

I have faithfully recorded or caused to be recorded the questions asked


and the corresponding answers that the affiant gave and that neither I nor
other person then present or assisting him coached the affiant regarding
the latter’s answer.

JOHN DOE
Public Attorney II
ILIGAN DISTRICT OFFICE
Roll No.
MCLE Compliance No.
IBP Lifetime No.

SUBSCRIBED AND SWORN to before me this 9th day of May 2023 in


Iligan City, Philippines.

Atty. Maria Clara


Public Attorney II
OFFICER-IN-CHARGE
ILIGAN DISTRICT OFFICE
Pursuant to R.A. 9406

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