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Republic of the Philippines)

In the City of Pagadian)S.s.

I, JUNIVIER CANTANAO, Filipino of legal age, married and a resident of

Tubod, Lakewood, Zamboanga del Sur, after having duly sworn to in accordance with
law, do hereby depose and avers that;

I am the neighbor of Reynaldo Cabesas, who is the respondent in I.S. CASE

NO. IX-09-INV-15K-00570, ,entitled Sheila A. Ongcoy vs. Reynaldo V. Cabesas, for


The complaint against Reynaldo Cabesas is a perjurious, malicious, felonious,

baseless, unfounded and unjust fabrication by the private complainant intended to

humiliate and embarrassed the respondent and his family;

The truth of the matter being that;


Considering the distance of my house from that of _______, which is just

forty (40) meters away, more or less and considering the location of the place which
is slightly sloped, my house is on top of the hill while that of ____ is on the down
side, on October 3, 2015, at around __________ oclock in the morning more or
less, while I was fixing the wall of my house, I personally saw respondent Reynaldo
Cabesas and private complainant walked directly to the house of ____, located at ,
which at that moment, no one was inside the house;

At that moment I then observed both of them; the two were smiling each


and when they reached the corridor of the house of ___________,

respondent Reynaldo Cabesas entered first inside the house ahead of private
complainant, the latter then followed;

After a few hours, I again personally saw both respondent Reynaldo Cabesas

and private complaint went outside together the houses of _______ and walked
directly to my house; before they reached my house, I pretended to continue my
work as if I did not see both of them went inside the house of _________;


When Respondent Reynaldo Cabesas and private complainant arrived, my

daughter (name withheld) approached them and invited them to come inside;
moments later, I joined them, we then ate some fruits while enjoying our


While we were eating, I personally observed and witnessed that respondent

Reynaldo Cabesas and private complainant were very sweet; in fact the latter stole
some kisses to the respondent in front of us (me and my daughter);;

Since it was almost lunch time, private complainant wanted to go home and

requested the respondent Reynaldo Cabesas to accompany the former at the latters
employers residence at Tubod. Lakewood, Zamboanga del Sur;

A few days after respondent Reynaldo Cabesas and private complainant went

inside the house of ________ and thereafter visited my daughter in my residence, I

heard a news that private complainant is intending to file a case against respondent;

When I learnt the instant case, I did not believe that Reynaldo Cabesas

sexually assaulted or raped private complaint inside the house of __________,

because I personally saw and witnessed that before they entered the house of
_________. They were smiling each other; as a matter of fact, respondent entered
first inside the house ahead of private complainant; granting without admitting that
as alleged, respondent forcibly grabbed and bought to the house, how come then she
did not run, escape, shout or seek for any help when respondent went first inside the
house, considering that the house where the alleged sex happened was surrounded
by three or more houses, one of which, is just a three (3) meters away from said

Due to the seriousness of the allegations contain in the sworn statement

executed by private complainant and given the gravity of the offense charge, against
res[pendent Reynaldo Cabesas, I am willing to attend voluntarily for any clarificatory
hearing/conference that may be conducted to determine the truthfulness or falsity of
the averments of both parties;

I am executing this Counter-Affidavit to attest to the truth and veracity of the

foregoing statements and respectfully pray for the outright dismissal of the instant

IN WITNESS WHEREOF, I have hereunto affixed my signature this ____

day of April 2016, at Pagadian City, Zambaonga del Sur, Philippines.

2016, at Pagadian City, Philippines, affiant having personally appeared before me
and to me known to be the very same person who executed the foregoing affidavit. I

also hereby certify that I personally examined the above-named affiant, that the
foregoing affidavit was read and translated to him in the language which he
understand, and that I am personally satisfied that he voluntarily executed and
understood the contents of the same.