Republic of the Philippines

Municipality of Gattaran

KAI SOTTO,
Complainant/Affiant,
I.S No. 1234567890

For: Estafa under Art. 315, par. 1 (b)

Revised Penal Code

Vs

Choke Reyes,
Respondent.
x………………….x
COUNTER-AFFIDAVIT

I, CHOKE REYES, of legal age, married, and with residence or postal address at 3508
Nabaccayan, Gattaran, Cagayan after having been duly sworn to in accordance with law, hereby
depose and say that:

I am the respondent in the preceding case. The suit is based primarily on false statements and is
being filed solely for distressing reasons. As a result, this allegation should be rejected completely.
To refute and disprove Kai Sotto. I outline the true events that led up to the incident:

1. To begin, I own one of the motor shops in Gattaran, Cagayan. My store is well
known for providing excellent service. They referred me to Mr. Kai Sotto through
contacts to hunt for a specific part of his motorcycle, which is why he came to meet
me in my motor shop in Nabaccayan, Gattaran, Cagayan.

2. That, On September 21, 2023, Mr. Kai Sotto went to see me in my motor shop and
asked if I have an Akrapovic Cannister Exhaust Pipe. Sad to say, I was out of
stock in that motor part and advised him to go and check on Shopee, an
online store.

3. That, he asked if I could place an order for him on the said online business and
handed me his money, 10,000 pesos to be exact, saying he'd return in a week to
retrieve his demanded engine part. However, as of today, while I am continually
checking and tracking the delivery, there has been a delay in the dispatch of the
product due to inclement weather in Metro Manila, where the motor part is sourced.

4. That, the allegations in Mr. Kai Sotto's complaint are false. There is no factual or legal
 basis to prosecute me with Estafa under Revised Penal Code Article 315.

5. That, the Elements of Estafa by means of deceit under Article 315 more particularly
in Paragraph 2 (a) of RPC are as follows:

a. That there must be a false pretense, fraudulent act or fraudulent means.

b. That such false pretense, fraudulent act or fraudulent means must be made
or executed prior to or simultaneously with the commission of the fraud.
c. That the offended party must have relied on the false pretense, fraudulent
act, or fraudulent means, that is, he was induced to part with his money or
property because of the false pretense, fraudulent act or fraudulent means.

d. That as a result thereof, the offended party suffered damage.

6. That, Paragraphs 11, 15 and 16 contains allegations of the first element of Estafa by
means of “false pretenses” which is the existence of a false pretense, fraudulent act
or fraudulent means.

7. T h a t it is most respectfully prayed that the instant complaint be dismissed for

utter lack of merit.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 30th day of September
2023, at Gattaran, Cagayan.

CHOKE REYES
Respondent /Affiant

SUBSCRIBED AND SWORN to before me this September 30, 2023, at Municipality

of Gattaran. I further certify that I have examined the affiant and that I am satisfied that he has
read and fully understood the contents of his affidavit.

Atty. Tersing Romeo

Associate Attorney I