REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 67, Makati City

PEOPLE OF THE PHILIPPINES

Plaintiff

-versus- Criminal Case No. 330451- 54

For : VIOLATION OF BP BLG 22

EMILIA M PEREJA
Accused
x- - - - - - - - - - - - - - x

Republic of the Philippines )

Makati City ) SS
Metro-Manila )

COUNTER – AFFIDAVIT

I, EMILIA PEREJA y MABAIT, of legal age, married, housewife and with

residence and postal address at No. 448 – D Damayan Street, Bacood, Sta Mesa, Manila
after having been sworn to in accordance with law do hereby depose and states that :

1. I am the accused in the above entitled case

2. I vehemently deny the accusations imputed against me by the private

complainant, ERIBERTO MAGBUHAT; .

3. The truth of the matter, private complainant agreed to extend a loan to

the undersigned in the amount of 45,000.00;

4. However, as a condition for the release of the loan, private

complainant required the undersigned to issue post dated checks;

5. In compliance with the requirement, accused issued the following post

dated checks :

CHECK NO: DATE AMOUNT

0185848 November 30, 2001 P 33,000.00

0135863 December 12, 2001 16, 800.00
0135864 December 13, 2001 15, 640.00
0135969 December 18, 2001 19, 200.00

6. Unfortunately, by reason of financial problem and business reverses, the

undersigned failed to deposit funds for the said post dated checks;
 7. However, prior to the maturity of each of the subject post dated
checks, the undersigned advised the private complainant not to deposit the cheCks as it
has no funds yet for which the private complainant agreed. Mr Magbuhat even accorded
the undersigned extension of time to settle my financial obligations;

8. The undersigned even made arrangement with the private

complainant that, in lieu of the check, she will settle her obligation by making payment
through cash;

9. However, despite the said advice and arrangement, Mr Magbuhat still

deposited the checks and filed a complaint against me;

10. I am executing this affidavit to prove my innocence and to attest to

the truth of the foregoing narration of facts;

11. Premises considered, the undersigned respectfully prays that after

hearing a judgment of acquittal be rendered.

EMILIA M PEREJA
AFFIANT

SUBSCRIBED AND SWORN TO before me this ___th of June 2004 at

Makati City, Metro-Manila.

ADMINISTERING OFFICER

CERTIFICATION

THIUS IS TO CERTIFY THAT I have personally examined the Affiant and I am

satisfied that he voluntarily executed and understood his Affidavit.

ADMINISTERING OFFICER

Copy Furnished ;

The Hon Carolina Esguerra-Ochoa

Trial Prosecutor
Branch 67, Metropolitan Trial Court,
Makati City

Mr Edilberto Magbuhat
Private complainant
No. 2235 A De La Rosa Street,
Sta Ana, Manila

EXPLANATION
 In the absence of messengerial help, private complainant was furnished a copy
of this Counter-Affidavit through registered mail with return card and copy of the
registry receipt is hereto attached.

EMILIA M PEREJA