Republic of the Philippines)

Province of Negros Oriental)s.s.

Municipality of Tayasan.…)

COUNTER AFFIDAVIT

That I, LUZVISMINDA A.TEOFILO, of legal age, Filipino, married and a resident of

Barangay Poblacion, Tayasan, Negros Oriental, after having been duly sworn to in accordance
with law, do hereby depose and manifest:

That I am one of the respondents of I.S. Case No. V-091-00514, V-091-00515, V-09-
00516, V-091-00517 and V-091-00518 for Preliminary Investigation before the Provincial
Prosecution Office, Negros Oriental;

That I DENY the charges filed against me by the herein complainants for the same are
malicious, fabricated and a product of their wild imaginations because the whole naked truth of
the matter is that:
a) Complainants Emma Espraguera and Jose Espraguera were not telling the truth in
their affidavit that I did not give them a copy of the alleged Death record when
Emma Espraguera requested a copy. In truth and in fact, I gave her a photo copy of
her Death Certificate but she insisted to get the Office file and demanded us to erase
her record in our register of Deaths. The reason why I refused to give her the Office
file because it is already the property of the office and said document is entrusted to
me, hence the Civil Registrar shall not under any circumstances permit any document
entrusted to her care to be removed from the office, except by the order of the court,
pursuant to Section 13 of Act 3753. Now, if I did not gave her a copy of the Death
Certificate, where did she gets the photo copy of the Certificate of Death she attached
in their affidavit complaint?

b) The allegations in their complaint-affidavit that Jose Espraguera has a record of

Death in our Office is not also true and fabricated because the truth of matter was
that the Certificate of Death of Jose Espraguera attached to their affidavit is FAKE
and UNREGISTERED. The alleged Death Certificate of Jose Espraguera under
Registry No. 2009-57, registered on July 2, 2009 could not be found in the Register
of Deaths in our office, hence no record of death of Jose Espraguera could be given
to them; and that the death certificate of Jose Espraguera attached to their affidavit is
not genuine or authentic for the signature of the Civil Local Registrar appearing
therein is not mine and a forgery. Attached hereto is a Certification of Non-
Availability of Record, marked as ANNEX “A”. Further, an observation can be seen
on the said Death Certificate of Jose Espraguera that my family name was
erroneously entered as TEOFELO, instead of my true and correct family name
which is TEOFILO; likewise my designation in the said document was Mun. Civil
Reg. Officer which is erroneous because the correct designation should be Mun.
Civil Registrar; and lastly, my signature in that Death Certificate of Jose Espraguera
is a FORGERY.

c) As far as our authentic Death Records in our office is concerned, the name appearing
under Registry Number 2009-057 of the Death Records is that of RODERIC
ASPILLA SABANAL, of Banga Tayasan, Negros Oriental and was registered on
June 10, 2009. Attached hereto is the said Death Certificate of Roderic Aspilla
Sabanal and marked as ANNEX “B”. The barangay chairman of Banga, Tayasan,
Negros Oriental in the person of Teodoro Gozaren could attest to this fact because he
was the one who facilitated in the registration of the Death Certificate of Roderic
Aspilla Sabanal.

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COUNTER-AFFIDAVIT Re: I.S. Nos. V-091-00514 to V-091-00518, Page (2).

d) Truthfully, I am not involved of any wrongdoings of Juliet Adalia and Rosario

Cordova because, in the first place, I do not know and acquainted with these people
who brought falsified Death Certificate of Emma Espraguera in my Office and the
statements of the complainants in their affidavit that I am in cahoots of the other two
respondents because I refused to give them copy of the alleged Death Certificate is a
malicious imputations without legal and factual basis and providing any evidence
thereof. That I have seen these two women once only when they were detained in the
Police Station in La Libertad, Negros Oriental and I invited to recognize them. Their
statements are all mere presumptions, hence not admissible in evidence.

Further, the above-entitled case should be automatically DISMISSED because the

allegations of the complainants in their complaint-affidavit for mere refusal to give a copy of the
alleged Death Certificate, which is at the first instance a perjured statements for being untruthful
because I have given them a photo copy, do constitute the crime charge; And that the complaint
should be dismissed pursuant to Section 13, Rule 110 of the revised Rules of Court, which
provides:
“Section 13. Duplicity of the Offense.—A complaint or information must charge only one
offense, except when the law prescribed a single punishment for various offenses. And in this
instant case there were Five Cases filed in violation of one alleged criminal act., hence these
tantamount to malicious prosecutions.

That I executed this affidavit freely and voluntarily just to attest the truthfulness and
veracity of my statements herein.

IN WITNESS WHEEOF, I have hereunto affixed my signature this ___day of November

2009, at Tayasan, Negros Oriental.

LUZVISMINDA A. TEOFILO
(Affiant)

OATH AND CERTIFICATION

SUBSCRIBED AND SWORN to before me, this ___day of November 2009, at Tayasan,
Negros Oriental. Further, I hereby certify that I have fully examined the affiant and I am
convinced that she has read and understood the contents of his affidavit and that the same was
executed freely and voluntarily.

TIRSO F. BANQUERIGO
Circuit Trial Judge