REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
MUNTINLUPA CITY

THE PEOPLE OF THE PHILIPPINES,

Complainant

- versus -

GOTHEL BRUHA,

Respondent

IS No. 123
For KIDNAPPING with failure to
return a minor under Art. 270
of the Revised Penal Code

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COUNTER- AFFIDAVIT

I, GOTHEL BRUHA, of legal age, single, Filipino, and a resident

of Las Pinas City, Metro Manila, after having been sworn in accordance
with law, hereby depose and state:

1. That I live in Manila Doctor's Village, Alabang Zapote Rd,

Almanza uno, Las Pinas City;

2. That I deny the allegations in Paragraph 2 of the

Complainant’s Affidavit Complaint for lack of knowledge as to the truth
of the said allegations;

3. I admit the allegations in Paragraph 4 of the Complainant’s

Affidavit Complaint;
 4. I admit the allegations in Paragraph 5 of the Complainant’s
Affidavit Complaint;

5. I deny the allegations in Paragraph 6, 7 and 8 for lack of

knowledge as to the truth of said allegations, the truth being that:

6. About 6:00 o’clock in the morning of August 12, 2012, as

our usual routine before I bring her to school, we ate breakfast together
and suddenly I received a text message from her which I was shocked
as the contents of her messages was about a plan of escaping with a
boy named Flyn allegedly on August 17 after their class (Annex 1);

7. And that when I asked her who is the person that was
supposed to receive the text message, Rapunzel quickly replied and said
“it was just a prank text message for Flyn, my good friend”;

8. That after Rapunzel’s class, I fetched her at the main gate

where I saw a boy bid him goodbye and kissed her at the cheeks before
she approached the car owned by her parents;

9. And that because of what I witnessed, I started suspecting

that Rapunzel is having a secret relationship with the boy I saw in the
afternoon of August 12,2012 at the main gate of San Beda Alabang;

10. And that the parents of Rapunzel is consistently reminding

her every night before she sleep, that if she will engage in to a
relationship at a very young age, all her requests will not be granted
and that she will be prohibited from using gadgets;

11. I tried to asked details about my suspicion in the morning

of August 13, 2012 while on our way to her school, but she quickly
denied it and got angry at me right away and shouted “bakit ka ba
nangingialam, don’t tell mom and dad or else I will ask them to hire a
new yaya for me!”

12. However, in the afternoon of August 13,2012, Rapunzel

was trying to make peace with me and asked me if I could help her with
her plans;

13. At first, I denied outright her request because I treasure her

as my own child and I don’t want to lose my only job;
 14. However, because of her persistence for asking my help
through her text messages (Annex 1-A, 1-B, 1-C) during the days of
August 14 to August 16, 2012, I told her that I’d help her to spend a
day with Flyn, with a condition that after they eat and watch movie at
Alabang Town Center, I’d fetch her at the main gate of her school to
where I usually pick her up after class;

15. To my surprise, at around 8:00 in the evening of August

17,2012, Rapunzel and Flyn did not show up to our supposedly meeting
place;

16. I waited for about 2 hours and her parents were starting to
call me and ask for an update if she is already finish with her group
project because it was what we told her parents so that she can spend
some time with Flyn;

17. I was so afraid to tell her parents of what happened because

I was part of her escape plan which was supposedly a date with Flyn but
turned out to she eloped with the latter, so I started to looked for her
at Alabang Town Center, asked the staffs in the movie house;

18. And looked to each and every place she could probably be
such as her favorite restaurant North Park and at Time Zone Gaming
Center, but she was not there;

19. Her parents called again at around 11:00 o’clock in the

evening and from there I told them that Rapunzel is missing and that I
exerted earnest efforts to find her when suddnely Mrs. Corona started
shouting at the phone calling me “walang hiya, kidnapper, walang hiya
ka, ipapahanap kita!”

20. After I heard the words uttered by Mrs. Corona, I turned off
my phone and because I was so afraid that they will blame me for what
happened I tried to hide at my friend’s house thinking that I will again
look for Rapunzel the next day;

21. That on or about August 20,2012, about 6:00 in the

morning, our neighbour Annie Batungbakal was trying to knock at our
door saying that there are police officers looking for me alleging that I
am a kidnapper of Rapunzel;
 22. That because of my fear to be jailed for a crime I did not
commit, I hid myself and tried to secretly ask some information from
Rapunzel’s friends where she and Flyn could probably be;

23. As days passed, the yaya of Rapunzel’s best friend, Cleo

Patra, called me and relayed that she overheard her alaga and Rapunzel
talking that Flyn and Rapunzel is currently staying at Soldier’s Hills,
Muntilupa City;

24. And that the day that the police came and knew about the
whereabouts of Rapunzel and Flyn was also the same day that I tried to
talked to Rapunzel and told her to go back home to her parents but the
police upon arriving accused me of being her kidnapper and brought me
right away to the police station;

25. I deny the allegations in Paragraph 9 of the Complainant’s

Affidavit Complaint because it was admitted that it was only under
developed and it was also mentioned that Mr. Flyn is a resident of the
same village where Rapunzel was found;

26. And that the Soldier’s Hills Village is not an uninhabited

place for it was admitted in the complaint that there are people residing
therein and in truth and in fact it was also admitted under Paragraph
18, there is a Sari- Sari Store near the Tower (Annex 2) where Mr. Flyn
is allegedly headed;

27. That it is physically impossible for me to commit the crime

charged because of my health conditions (Annex 3 – Medical Certs.) and
the fact that I am of advanced age (Annex 4 – Birth Cert) for having
served their family for almost 24 years and obviously cannot climb a toll
tower at the age of 67;

28. The allegations stated in the Affidavit-Complaint are mere

malicious fabrications by the complainant which may have been spurred
by the bitter enmity harbored by my disapproval of her illicit relationship
with Mr. Flyn and from my refusal to help her elope with his boyfriend;

29. I am executing this Counter

Affidavit for the purpose of attesting to the truth of the foregoing
statements, to inform the proper authorities of the above facts, to
support my prayer for the dropping or dismissal of the instant case
against me and for whatever purpose this may serve best.
IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of
October,2019 at Muntinlupa City.

GOTHEL BRUHA
Affiant

SUBSCRIBED AND SWORN TO before me, this 3rd day of

Ocotber, 2019 in Muntinlupa City. I hereby certify that I have
examined the Affiant and that I am fully satisfied that she has voluntarily
executed and understood the contents of her Complaint-Affidavit.