Republic of the Philippines

MUNICIPAL TRIAL COURT

Fourth Judicial Region
Rodriguez, Rizal

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 2002-052

Plaintiffs, For: ESTAFA

-versus-

GYNALYN CATALINO Y LARA,

Accused.
x………………………………………x

COUNTER-AFFIDAVIT

I, GYNALYN L. CATALINO, of legal age, married, a Filipino, and with

residence address at Sitio Maislap, Catalino Compound, Barangay San Isidro,
Rizal, after having been duly sworn to in accordance with law, hereby deposes and
states that:

1. I am the Accused in the above-captioned case for Estafa at the instance of

ELISA IGNACIO Y ATIS, the private complainant.

2. I deny the charge and accusation of Estafa and, most especially, I deny the
accusations and allegations of Complainant as there is not a shred of truth to
her claims that I defrauded her and misrepresented to her that I am an owner
or co-owner of a certain property situated at Rizal.

3. Nothing could be further from the truth.

4. Sometime on March 2007 Rosalinda Sapilan came to our house. She asked
me to look for a buyer of her property.

5. A few days later Elisa Ignacio and her husband came to us for available
property to buy. I showed them the parcel of land or lot which Ms.
Rosalinda Sapilan is selling.

6. After a series of conversations about the property of Ms. Sapilan, Elisa

Ignacio came back and, again, with her husband in tow on 31 March 2007
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 and with cash in hand representing the consideration for the sale and
purchase of Sapilan’s real property.

7. Thus, on even date I called and informed Ms. Sapilan, the seller that the
buyer is around and has the money to purchase the former’s property. Ms.
Sapilan instructed me to receive in her behalf the agreed purchase price of
EIGHTY THOUSAND PESOS P 80,000.00 for the sale and waiver of
rights over the property from Ms. Sapilan to Ms.Ignacio.

8. At this point, Ms. Ignacio is a satisfied buyer and she has no grievance. Her
only request is for me to execute an acknowledgement receipt that she
handed to me the money representing her payment to Ms. Sapilan. I
complied and executed a “kasulatan” as proof that the P 80,000.00 was
turned over to me.

9. Still, on the same day and at 4:00 pm in the afternoon, Ms. Sapilan arrived
and I gave her the entire amount. This is evidenced by a Receipt1 she signed
showing she received, wholly and in its entirety, the amount of P80, 000.00.

10. Subsequently, they executed a notarized deed of “Transfer of Rights.” 2 It

bears repeating for emphasis that this is a notarized deed and I am one of
the signed witnesses to the contract and agreement.

11. The “Transfer of Rights” has as subject a three hundred square meters
property with improvements. These improvements include a house which
Elisa Ignacio and her family promptly occupied and, up to now, are
residing thereat. The said property which complainant bought from Sapilan
has also numerous fruit-bearing trees such as suha, santol and guyabano
trees. Hence, this is a far cry from her supposed defraudation.

12. Apart from the foregoing transaction of complainant with Ms. Sapilan, she
has another transaction with me. This involves a 400 square meters
property which is a portion of the 4, 507 square-meter property that is
originally owned by my mother-in-law.

13. The property of my mother-in-law, Acodina Catalino, was supposed to be

transferred to Amecito Catalino via a Deed of Donation dated May 23,
2016. But due to hardships encountered by our family and especially to my
husband and the son of Acodina Catalino, the latter did not push trough
with the donation with the intent to sell a portion of the property whose
proceeds will be given to aid us financially during those difficult times.

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Annex 1
2
Annex 2 of this Counter-Affidavit

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14. Out of the total area of 4,507 square meters, a portion of this covering the
area of 400 square meters was the portion sold by me and my husband to
complainant with full authority from the owner, my mother-in-law Acodina
Catalino.

15. The agreement with complainant is that she will pay a down-payment of P
10,000.00 and with monthly payment of P 5,000.00. She has repeatedly
defaulted on the payments and even after five (5) years have already
passed, she has only paid a few monthly payment of P 5, 000.00. Proofs of
such staggered and very few payments made by complainant are receipts I
have in my possession.

16. The total amount complainant have paid so far in contravention with our
agreement amounts to a measly sum of P 80,000.00.

17. Presently, complainant is continually profiting and benefiting from the

property she bought from us as she is still the present occupant. She had
leased the said property to the jeepney association plying San Isidro-
Commonwealth. Thereafter she put up a house, a vulcanizing shop and a
carwash.

18. To this very day, she is the present occupant and her businesses over the
property continue to thrive and do well.

19. The sale came about because we were then experiencing hardship due to
the mounting hospitalization expenses of my husband.

20. Realizing this, our mother-in-law talked to us and, as a way of helping, told
us that she will not push trough with the donation of her property and, in
order to help her ailing son (who is at the same time my husband), she
conveyed her property to Ferdinand Isidro so that the proceeds will cover
the hospitalization expenses.

21. The sale of the property to Ferdinand Isidro occurred on August 1, 2016.
Incidentally, it was Ferdinand Isidro to whom we had a loan for the
payment of the mounting hospital bills.

22. In view of the foregoing and the continued income-generation activities

made by Complainant over our erstwhile lot, her complaint of being
cheated about our transaction is pure canard and has no bases both in fact
and in law.

23. Accused herein made efforts to sort out our differences and veevn wrote to
complainant a Paanyaya dated 10 May 2016. It was repeatedly refused
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 receipt by complainant. As an integral part hereof, the Paanyaya is attached
herewith as ANNEX 3.

24. Accused is executing this Counter-Affidavit to attest to the truth and

veracity of the foregoing statements, in support of the dismissal of the
present case and for whatever legal ends this may serve.

IN WITNESS WHEREOF, I have hereunto affix my hand this 3 rd day of

June 2020 at San Mateo, Rizal, Philippines.

____________________
GINALYN CATALINO
Accused-Affiant

SUBSCRIBED AND SWORN TO before me this ______June 2020 at

____________, Philippines. Further, I hereby certify that I have personally
examined the affiant and I am fully satisfied that she has voluntarily and
knowingly executed the Counter-Affidavit.

__________________________
NOTARY PUBLIC/
ADMINISTERING OFFICER