Republic of the Philippines

DEPARTMENT OF JUSTICE
National Prosecution Office
OFFICE OF THE CITY PROSECUTOR
Pasig City

GIRLIE L. SANTOS-CRUZ,
Complainant,
I.S. No. ___________

- versus - FOR: Qualified Theft punished

under Article 310 in relation
to Article 308, Revised
Penal Code

CHARMAINE MENDOZA @ YAYA

DUB,
Respondent.
x-------------------------------------------------------------x

COUNTER-AFFIDAVIT

I, Charmaine Mendoza “Yaya Dub”, Filipino, single, 75 years old, and with
residence address at #89 Malaya Street, Brgy. Sta Ynez, Vigan, Ilocos Sur, after
having been sworn in accordance with law, do hereby depose and say that:

1. Contrary to the allegations imputed against me by GIRLIE

SANTOS-CRUZ (“Girlie”), I did not commit any act which would constitute as
Qualified Theft under the Revised Penal Code of the Philippines;

2. It was physically impossible for me to be in the crime scene when

the alleged crime was committed. "Physical impossibility" refers to distance
and the facility of access between the crime scene and the location of the
accused when the crime was committed. There must be a demonstration that
they were so far away and could not have been physically present at the crime
scene and its immediate vicinity when the crime was committed. 1 The
following circumstances demonstrate that it was physically impossible for me
to be at Girlie’s house at the time of the alleged theft:

2.1. On 1 February 2019, Girlie refused to give my salary

advance for the funeral services of my sister, but she permitted me to
attend my sister’s funeral at Ilocos Sur. Prior to my leaving her house on
the very same day, she even inspected my belongings which I brought
with me for the Ilocos trip;

1
People of the Philippines v. Barberan, G.R. No. 208759, 22 June 2016
1
 2.2. When I left the house of Girlie, I met up with my friends
Alden C. Richards and Kathryn A. Bernardo in the village park, who
were also housekeepers in the village, and I told them that I am leaving for
two (2) weeks and that I am going to the bus terminal to take the bus back
to Ilocos Sur;

2.3. I passed through the main guardhouse of the village

entrance in order to leave. The village guards, named Daniel C. Padilla,
Enrique M. Gil, and James R. Reid logged in the exit books and called
the house of Girlie to confirm that I was leaving and inspected my
belongings. The guards confirmed what were the belongings that I brought
with me to Girlie through the phone and upon confirmation the guards
allowed me to leave the gate;

2.4. I took went to the bus terminal and purchased a bus ticket
and left for Ilocos Sur on 1 February 2019;

2.5. A copy of the logs in the logbook that I left the village on 1
February 2018, the bus ticket stub and the receipt both dated 1 February
2019 showing that I left for my home town on that date are herein attached
respectively as Annexes “A” “B” and “C”;

2.6. When I arrived in my hometown I stayed in the house of my

niece, Charlene B. Mendoza where we held the wake. I stayed there for
two weeks with relatives, Maria R. Mendoza, Toni R. Mendoza-Gonzaga
and Katherine R. Mendoza-Gonzaga; and

2.7. My fellow village house helpers and the village guards can
testify that I left the village on 1 February 2019 and did not return since the
happening of the alleged theft and my family members can testify that I
was in my hometown on 3 February 2019 during the alleged theft.

3. These circumstances show that at the time of the alleged crime or

on 3 February 2019, I was in Ilocos Sur. Thus, it was physically impossible for
me to be at the crime scene (i.e. Girlie’s house located at Pasig City) when in
truth and in fact, I was at my sister’s funeral at Ilocos Sur. The distance and
the facility of access between Pasig City and Ilocos Sur were so far away that
I could not have been physically present at Pasig City at the time of the
commission of the alleged theft;

4. The CCTV footage shows that someone went into their bedroom
and broke open the jewelry box could not have possibly been me because of
my advanced age of 75, I would walk with a limp. The grainy footage of the
person entering the bedroom, opening the drawer and breaking the jewelry
shows a much younger moving individual who did not walk with a limp; and

5. Upon my arrival back to back to Manila on 17 February 2019,

Girlie received me in their home again as to work as a domestic servant or

2
 “kasambahay.” Girlie did not mention of any missing pieces of jewelry nor
missing cash.

6. I am executing this Counter-Affidavit to attest to the truth of the

foregoing facts and to disclaim all accusations against me.

IN WITNESS WHEREOF, I have hereunto affixed my signature on 8

September 2019 at Pasig City.

Charmaine Mendoza “Yaya Dub”

Affiant

3
 CERTIFICATION

SUBSCRIBED AND SWORN to before me this 8th day of September

2019 at Pasig by the Affiant who exhibited to me her Senior Citizen ID Number
881 issued on 5 June 2019 at Vigan Ilocos Sur. I hereby certify that I personally
examined the Affiant and that I am convinced and satisfied that he fully
understands foregoing instrument and that the same is his voluntary act and
deed.

The undersigned Notary Public certifies that he personally examined the

affiant and that he is satisfied that he voluntarily executed and understood his
counter-affidavit.

NOTARY PUBLIC

Doc. No. 1;
Page No. 19;
Book No. 8;
Series of 2019.