REPUBLIC OF THE PHILIPPINES)

QUEZON CITY ) ss.

Counter-Affidavit

I, Andres M. Apo, of legal age, Filipino, married and with residence

and postal address at #35 Roque Compound 1, NPC Vill., Pasong Tamo,
Quezon City, after having been duly sworn to in accordance with law,
depose and state that:

1. I deny the material allegations of the complaint lodged by

Marlon Ponce, Victoriano M. Bicos, Jr., Edison Hindap,
Romulo De La Cruz and Rebecca Pastoril against me;

2. That the legal owner of the subject lot, where I constructed the
wall, is Ms. Marcia J. Cruz. The same is included in the 746
sq. meter and 771 sq. meter owned by the latter. The titles of
these lots are hereto attached as (annex A and annex B);

3. That said lots were entrusted to me by Ms. Marcia J. Cruz as

“Caretaker”. My obligation to such lots is to preserve and
improve the same subject to the owner’s consent. It is also my
duty to maintain peace and order within the scope of such lots;

4. That I was given permission by the owner to construct a wall on

such lot. I also secured fencing permit from the Barangay and
the Office of the Building Official Quezon City hereto attached
as (annex C and annex D);

5. That I did not destroy the vegetations on the said lots. In fact,
my companions and I have secured the permission of the owner
and the persons who planted such vegetations before we made
the necessary improvement;

6. That I asked the help of the barangay peacekeepers for

assistance in order to maintain peace and order to said lots
during the construction to the wall;

7. That I was the one who build the wall made out of “yero”. And
that gives me the right to remove it in order to replace it with
hollow blocks and cement;

8. That Mr. Eddie Apo went to the said place only to visit Andres
since it is on the way from CDC Barangay, where he reported
for work, going to Banlat, Tandang Sora, where he lives;

9. That the above complainants are the ones who maliciously

coercing and harassing us in order to stop the construction of
the wall despite having secured a consent from the owner of the
lot and a fencing permit from the Barangay and Office of the
Building Official Quezon City;
 10. That I am executing this affidavit to attest to the truthfulness
and veracity of the foregoing contents and for whatever legal
purpose it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 6th

day of August 2008 at Quezon City, Philippines.

Andres M. Apo
Respondent

SUBSCRIBED AND SWORN to before me this 6th day of August

2008 at Quezon City, Philippines.

ASSISTANT CITY PROSECUTOR

REPUBLIC OF THE PHILIPPINES)
QUEZON CITY ) ss.

Counter-Affidavit

I, Eddie M. Apo, of legal age, Filipino, married and with residence

and postal address at Banlat, Tandang Sora, Quezon City, after having
been duly sworn to in accordance with law, depose and state that:

1. I deny the material allegations of the complaint lodged by

Marlon Ponce, Victoriano M. Bicos, Jr., Edison Hindap,
Romulo De La Cruz and Rebecca Pastoril against me;

2. That I am the brother of Mr. Andres M. Apo;

3. That I only passed by the subject lot and gave a short visit to
my brother in Roque St. Pasong Tamo, Quezon City because the
said lot is on the way from CDC Barangay, where I reported for
work, going to my house in Banlat, Tandang Sora, Quezon City;

4. That I did not coerce nor harass any person during the time I
was there visiting my brother. We merely talked for a while and
I went home immediately thereafter;

5. That I am executing this affidavit to attest to the truthfulness

and veracity of the foregoing contents and for whatever legal
purpose it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 6th

day of August 2008 at Quezon City, Philippines.

Eddie M. Apo
Respondent

SUBSCRIBED AND SWORN to before me this 6th day of August

2008 at Quezon City, Philippines.

ASSISTANT CITY PROSECUTOR