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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

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

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, Rapunzel and I ate
breakfast together and when suddenly I received a text message from
her. 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 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 in the cheek before
she approached the car owned by her parents;

9. And that because of what I have 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 sleeps 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 for details about my suspicion in the


morning of August 13, 2012 while on our way to 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 asking my help


through 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 a 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 at our agreed meeting
place;

16. I waited for about 2 hours and her parents were starting to
call me and ask for an update if she was already done with her group
project because that was what we told her parents in order for her to
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 it turned out to she eloped with the latter. I started to
look for her at Alabang Town Center, asked the staff in the movie
house;

18. And I also looked at each and every place she could
probably be such as her favorite restaurant North Park and at the 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 neighbor Annie Batungbakal was knocking at our door
saying that there are police officers looking for me alleging that I am
the 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. The day that the police came and learned about the
whereabouts of Rapunzel and Flyn was also the same day that I tried
to talk to Rapunzel and told her to go 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 the Tower 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 tall tower at the age of 67;

28. The allegations stated in the Affidavit-Complaint are


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.

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