Republic of the Philippines)

Baguio City )s.c

x-------------------------------x

COUNTER-AFFIDAVIT

I, CESAR N. ASUNCION, of legal age, widow, Filipino citizen, and

resident of Brgy. Raois, Sto. Tomas, La Union, after having been duly sworn to in
accordance with law, do here depose and state, that:

1. I am now being charged for ESTAFA by my former employer Philippine

Rabbit Bus Lines, Inc. upon execution of a complaint-affidavit by its Chief
Operating Officer at the same time its Senior Vice-President in the person of
Jennalyn Quiambao whose affidavit-complaint is hereto attached as Annex “1”;

2. I received my subpoena on July 29, 2010 giving me ten (10) days within
which to file this Counter-Affidavit thus my supposed last day is on August 8,
2010 which was a Sunday but should be filed the following business day that
was Monday. Considering however that I was then still looking for someone who
could help me in its preparation, I filed for an extension of another ten (10) days
on August 9, 2010 or up to August 19, 2010 to file this humble Counter-Affidavit;

3. The Affidavit-Complaint against me reads in its important part, to wit:

“4. That on November 23, 2009, Cesar Asuncion

was supposed to deliver from Baguio to the cashier of
company at Tarlac City the amount of P161,982.83 kept
at the cash vault of the company at its terminal office at
Baguio City.

5. However, Cesar Asuncion removed the said

cash of P161,982.83 in the afternoon of November 22,
2009 at about 5:00 o’clock p.m., boarded a Victory Bus
Lines bound for Dagupan City, and stopped at the
crossing at the highway of Sto. Tomas, La Union,
whereby, according to Cesar Asuncion, the bag
containing the cash amounting to P161,982.83 was
3
Page

found by him to be missing and allegedly despite

diligent search could not be located.

6. That because of the foregoing incident, Cesar

Asuncion failed to deliver the amount of P161,982.83 to
the company and despite demand from him to do so up
to this date, he failed to deliver the said amount.

7. That Cesar Asuncion was not authorized to

withdraw the above amount from the cash vault at the
 bus terminal at Baguio city on November 22, 2009 and
bring it with him to Sto. Tomas, La Union, place of his
residence as his authority was to withdraw the said
amount in the morning of November 23, 2009 and bring
it to Tarlac City aboard a PRBL bus in that morning.

8. That the loss of the above amount prejudiced

the company for which Cesar Asuncion should be
criminally and civilly liable under the Revised Penal
Code.”

4. But the truth is that I and my family live in Brgy. Raois, Sto. Tomas, La
Union, and for that week, I was not able to go home because I was required to
work on November 22, 2009 that was then a Sunday;

5. Since I was instructed to bring to Tarlac City the amount of P161,982.83

in the morning of November 23, 2009, I thought it wise to go home at Brgy.
Raois, Sto. Tomas, La Union, after my day work at 5:00 o’clock in the afternoon
on November 22, 2009, then directly proceed to Tarlac City the following
morning of November 23, 2009, to bring the money in order to save time for the
benefit of my employer and my family which had been my practice in the past or
from the time I was assigned as audit clerk of Baguio Station or even when I was
assigned in San Fernando, La Union, and never an instance in the past did I fail
in delivering what was required from me;

6. I thus boarded a victory bus with body no. 751 after my day work on
November 22, 2009 bound for Dagupan City as could be proved by my ticket
which photocopy is hereto marked as Annex “2” to go home at Brgy Raois, Sto.
Tomas, La Union, bringing with me that amount including supporting documents
i.e. abstract of cash collection, official receipts and my summary report, all
placed in my shoulder bag;

7. On our way down however, I fall asleep due to continuous and heavy
work in the past days and lost control of my shoulder bag so that when I
alighted in that crossing at Sto. Tomas, La Union, I was still groggy and did not
realize that I did not have with me my shoulder bag crossly hanging on my
shoulder;

8. I came to realize the absence of my shoulder bag only when I was

about to ride in a waiting passenger tricycle but the victory bus was already
3
Page

speeding away for Dagupan so that instead of instructing the tricycle driver to
bring me home, I instructed instead the tricycle driver to chase that Victory Liner
bus where I alighted from;

9. Realizing the futility of our attempt to chase the bus that I alighted
from as said bus was already far and could not be chased by the tricycle, I again
alighted from that tricycle and waited for a ride bound for Dagupan City to
recover my shoulder bag until another Victory Bus came also bound for
Dagupan City;
 10. Directly upon reaching Dagupan City in the terminal of Victory Liner, I
immediately went to the master in-charge and narrated my problem who then
called the attention of the bus conductor to accompany me to their garage at
Calasiao, Pangasinan, to go and look for my bag containing the cash I was
supposed to remit to Tarlac City the following day;

11. Truly, the bus was there in Calasiao, Pangasinan, and together with
the bus conductor we found my bag now in the bus compartment but sad to
state that the money was already taken which only proves that its taker had the
same when I was asleep on our way down that I never realized even when I
alighted from the bus;

12. I thus reported the incident immediately to the police station in

Dagupan City on November 22, 2009 which copy of the police report is hereto
attached as Annex “3”;

13. Bus driver Jesus Ramirez and his conductor John Rey dela Cruz also
reported the incident to the police station in Dagupan City on November 23,
2009 and the copy of their police report is hereto attached as Annex “4” that
reads:

“THIS IS TO CERTIFY that on page 035 of the

Dagupan City Police Station Police Blotter Book, Volume
90 Series of 2009, and following events have been
recorded, to wit:

Entry No : 97
Date : 11-23-09
Time : 0600H

JESUS RAMIREZ y ALCOY, 34 years old, married,

driver, and a resident of Brg. Cayanga, San Fabian, this
province and JOHN REY DELA CRUZ y PASCUA, 21
years old, married, conductor and a resident of Brgy
Lamorito, Guimba, Nueva Ecija both personally
appeared to this office and had caused to put on record
that on or about 6:00 o’clock in the evening on
November 22, 2009 inside their driven VICTORY BUS
NO 751 bound Baguio-Dagupan after an unidentified
passenger dropped at the town of Sto. Tomas, La Union
3
Page

unknowingly left his brown bag containing alleged

money with the total amount of Php159,000.00. When
said person came to our Dagupan Terminal and claimed
that he has a lost brown bag. The conductor (Rey P.
Dela Cruz) accompanied him going to Calasiao, this
province in their bus garage and they saw the aforesaid
bus and also the brown bag. The aforesaid unidentified
person opened and brings all the things inside and the
alleged money was not there.
 As proof herewith they affixed their signature
below.”

14. Accordingly, I reported what truly transpired to my employer for

understanding but instead of understanding me on what happened, I was
unjustifiably preventively suspended from work on November 25, 2009 to
December 25, 2009 from work as could be proved by my hereto attached
preventive suspension order as Annex “5”;

15. I again explained all the foregoing during my company investigation at

the main office in Tarlac City on December 2, 2009 and the copy of our question
and answer therein is hereto attached as Annex “6” consisting of four (4) pages;

16. I therefore had all the good intentions on that lost money amounting
to Php159,982.83 but since the same was lost in my possession, it was my
promise to pay through salary deduction because I do not have anything in
repay except for my honest services through the years;

17. It had been part of my work handling money of my employer for 33

years and that incident on November 22, 2009 was just an isolated one;

18. Very sad to state here that instead of allowing me to continue my

work in order for me to pay through salary deduction that amount I accidentally
lost, I was unjustifiably terminated from work and worst now being sued for
ESTAFA which should not merit the attention of this Honorable Office.

IN WITNESS WHEREOF, I hereunto set my hand to attest the truth of

the forgoing recitals this ___ day of August 2010 at Baguio City, Philippines.

CESAR N. ASUNCION
(Affiant)

SUBSCRIBED AND SWORN to before me this ___ day of August 2010

at Baguio City, Philippines.

_____________________
Prosecutor
3
Page

CERTIFICATION

This is to certify that I have personally examined the above named affiant
and I am convinced that he has read and understood the foregoing and the he
freely and voluntarily executed the same.

______________________
Prosecutor