REPUBLIC OF THE PHILIPPINES)

PROVINCE OF AGUSAN DEL SUR…) S.S.

MUNICIPALITY OF PROSPERIDAD)
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COUNTER-AFFIDAVIT
I, FREDIE M. GRANADA, of legal age, married, Filipino and
a resident of Purok 3, Brgy. Cuevas, Trent, Agusan del Sur, after
having been sworn to in accordance with law, do hereby aver – that:

1. I am the same person being named as Accused in NPS Docket

No. 13-03-INV-19I-443 for Violation of RA 9262 (Psychological
and Economic Abuse) pending before Provincial Prosecution
Office, Patin-ay of Prosperidad, Agusan del Sur.

2. I file this Counter-Affidavit to form part of my defenses before

the Prosecutor’s Office.

3. For twenty years, complainant and I have been married. In that

marriage we have two children aged 22 years old and 14 years
old.
4. In _______________, I went to Davao City to find job and
provide for my family.

5. Even before I left for Davao City, my wife- the complainant

herein, started to have an illicit relationship with several men.

6. As a matter of fact, she and her present paramour is living in

our conjugal house and have been using the motorcycle I
bought in the year ______.

7. Complaint did not ask support before, as she was a leader for
investment entities, later found out to be scams, and raked
sufficient money for her sustenance.

8. When the investment scams exploded and stops operations,

complainant has no more income to support her materialistic
necessities.

9. Just to have a leverage and get financial support, she filed this
baseless complaint against me, concocted lies, and appears to
be very desperate.

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 MATERIAL DATES AND ACCUSATIONS

10. In the complainants Judicial Affidavit, the gist of the complaint

is anchored on the following version of facts:

a. “But since I learned on September 2017 that my husband

had an affair with other woman who was previously
resident of Cuevas TADS and lived at Manila, my
husband rarely went home because he went to his
mistress at Manila. When my husband knew that I got
an receipt from Palawan Pera Padala as proof that he was
supporting his mistress, he did not went to Manila and I
just learned from his relatives that they were already
separated lives with his mistress at Manila”

b. Last December 2018, it was Christmas time when I with

my son, personally saw my husband with another
woman again at the house of her sister, Edelia Moreno,
who is our neighbor. But he did not went home with us. I
just learned from his siblings that bthe said other woman
of my husband was allegedly from Compostela Valley
and a Security Guard of Gaisano Grand Mall of Davao
where he also worked as electrician. They lived together
as live-in partners up to this date;

c. Morning of April 18, 2019, while we were walking with

my son on the highway at barangay Cuevas, Trento,
Agusan del Sur when we met and saw my husband with
his mistress on board on single motorcycle going to the
house of his sister Edelia Moreno. That night of same
date, they left back to Davao City;.

d. “xxxxxxxxx I disagreed and refused of his arrangements

to transfer the custody of my children to his sister. Since
then, he didn’t support us. I tried to summoned him at
the office of the katarungang Pambarangay last June
2019 hoping that he will appear and make arrangement
for the financial support of our children, however he
never appeared and attend the schedule set by the
Katarungang Pambaranagy”

ON THE ALLEGED ILLICIT AFFAIR

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 The allegations are not
consistent with financial
status, have no basis and
were not corroborated by
any other witness.

11.On the first allegation, the complainant would like to impress

that on several occasions I went to Manila to visit my mistress
and have been supporting her financially.

12.The allegation is concocted, without basis and does not fit in

with my financial capacity. As an electrician in Gaisano Davao,
I only earn around P___________ monthly income. Out of such
wage, I have to spend for my food, lodging, daily
transportation and support for my children.

13.The cost of living in the city is understandably higher

compared to rural areas. Everything you need should be
purchased, and you have to spend from time to time.

14.In addition, I have no other source of income or sidelines

because I have to stay in the mall the whole day should
electrical/emergency repair is needed. .

15.Since 2016, I have been sending money to my children as

evidenced by remittance receipts attached hereto.

16.Considering my financial status, I cannot afford to have a

mistress and visit Manila. If he had evidences that I supported
financially my mistress in Manila, as what she stated in her
affidavit, why she did not attach the said evidences in the
complaint.

17.On the second allegation, while it is admitted that I was in my

sister’s house last December 2018, the woman she saw I was
talking to is my cousin.

18.It is not unusual to see a relative in my sister’s house, and it is a

common experience during Christmas time that relatives visit
each other’s house.

19.Besides, my sister’s house is just near my house where my

complainant-wife and her paramour, a soldier, resides.

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20.Should complainant only asked, she would not end up with a
malicious conclusions.

21.On the third allegation, it is vehemently denied for being false,

unsubstantiated and baseless.

22. Granting for the sake of argument that those allegations were
true, and caused psychological discomfort on the complainant,
there must be a medical report to such effect.

23.In the absence of medical report from a Medical Doctor, the

psychological abuse complaint has no leg to stand on.

ON THE ALLEGED ECONOMIC ABUSE ---

Jacqueline and I have

financial difficulties in our
marriage life causing so
much stress to my old
mother and prior to the
December 2017 Agreement.

24.Aside from taking care of my family, I have been supporting

my old mother as well. It must be emphasized that while there
was in fact an agreement before PAO in regard to my duty to
give support, this cannot be taken hook line and sinker. Like
any other agreements, I signed the same on the understanding
that my capacity to give support must be taken into
consideration.

25.Being a public school teacher who relies purely on monthly

compensation, Jacqueline cannot weaponize the agreement to
demand money which I am incapable of giving. Paragraph 3 of
the Agreement clearly states:

a. “I (JEM DANILA) undertake to give a monthly support

of sixty percent (60%) of my net salary to my children
which I authorize to be deducted from my payroll
account to be deposited to their own savings
account. In addition to that, in case bonuses and other
remunerations are given to me, I also undertake to give
sixty (60%) of the same to them.”

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 b. The “savings account” referred to in the foregoing
provision was in possession of complainant at the time of
the agreement and she have had withdrawn more than
Fifteen Thousand Pesos from it.

c. I also deemed it wise to narrate the circumstances about

how impossible it is to provide support considering the
financial stress I and my mother suffered since marrying
the complainant in 2015:

d. 12.1. Jacqueline and I lived as husband and wife since

2012 but we were married only on October 24, 2015. I
worked fulltime and loaned moneys from relative just to
give her capital to start a small business. We live with my
mother’s property in a small house adjoining to our small
sari-sari store and karenderia at Poblacion, Marihatag,
Surigao del Sur. This store is now closed when Jacqueline
forcibly took all the stocks, including some appliances,
plastic chairs and wooden table.

e. 12.2 Jacqueline has a habit of leaving the house every

time she felt being “cheated”. On her first three attempts
to leave the house, my mother and grandfather would ask
on bended knees on her to go back with our then only
child. The fourth and last time she left the house was on
October 2017. This time, Jacqueline brought with her the
ATM Savings account containing more than Fifteen
Thousand Pesos (Php 15,000.00). Thus, I personally
confronted her about it since she even refused to give me
part of it for my seminar.

f. Rather, complainant refused and arrogantly demanded

my full salary and not just the sixty percent despite the
fact that I incurred loans to support our business. Please
see herein Exhibit “A” a copy of receipts.

g. 12.3. On June 15, 2018, I met an accident costing me

expenses which I should have kept for my children. Please
see herein Medical Certificate marked as Exhibit “A-1”.
26.Clearly, I was not remiss of supporting our children. If
Complainant had not misled our children into a miserable life
by depriving me of custody, then she would not be asking for
the impossible. My salary as public school teacher which has
been deducted by the Department of Education for my
outstanding loans now only amounted to Five Thousand Pesos

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 (Php 5,000.00) more or less. Please see herein payslips marked and
attached as Exhibit “B”.

27.It is therefore unfortunate for this case to reach the attention of

the Honorable Court when the same can be settled amicably
taken into consideration my financial capacity to give support
and prevailing circumstances of this case.

28.In fact, on December 18, 2017, complainant and my daughter

visited me in my classroom at Brgy. Campa Elementary School.
Even without them asking me, I would give moneys to my
children for them to buy their personal needs. But in this
instance, Jacqueline told our daughter not to receive anything
from me unless it is in exact amount. I insisted that I cannot
make good the 60% net income because my salary is only Php
5,000.00.

16. True to her illicit motive, I was prosecuted before the

Prosecutor and my indictment before it on June 2018 forced to sell the
parcel of land which my mother owned in order to bail myself out.
This cost my mother Forty Eight Thousand Pesos (Php 48, 000.00) which
money could have been used to support our children in the future!
Please see herein Deed of Absolute Sale dated August 2018 marked and
attached as Exhibit “C”.

17. While my mother had been actively supporting our

children since 2012 to present, Complainant ignored the same and
even twisted the facts. My mother would constantly visit our
children, in my absence, in San Lorenzo Prosperidad during their
birthdays and school activities. Unknown to Complainant, my
mother would give moneys amounting to Two Thousand Pesos
monthly out of her meager salary as utility worker at Enterprise
Bank. Despite these efforts, however, Jacqueline refused to credit it to
my favor citing that I should be the one to give support and not
through my mother. Please see herein Affidavit of Witness of Narcisa L.
Danila as Exhibit “D”.

ON THE ALLEGED VERBAL ABUSES ---

Not all quarrels lead to psychological

abuse; hence, I could not have insulted
complainant through any text message
in the face of our financial woes which
we put our attention on.

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 17. I replead the preceding circumstances to incorporate in
the herein circumstances as follows:

17.1. In 2012, I borrowed money from my sister to help

Jacqueline start a working capital of Six Thousand Pesos to put
up a sari-sari store.
17.2. Our small sari-sari store soon earned income but it was
not enough to defray expenses of our family, especially so that
we were planning to be married in 2015 at that time. Thus, I
would visit the house of Jacqueline at San Lorenzo to meet with
her parents. Her parents would even doubt me if I could
sustain a family knowing I have yet to find a steady job until
2016. I loaned money from the bank for our wedding costing
me an amount of One Hundred Sixty Thousand Pesos (Php
160,000.00), which amount remained unpaid.

17.3. On the other hand, while my mother, Narcisa, inherited

a parcel of land rented as private cemetery by lessees, she was
old enough to manage it. Thus, I requested my mother that
Jacqueline be entrusted for the collection of the rent from the
lessees of this lot with her duty to keep and account its income.

17.4. Since then, Jacqueline would collect the proceeds of the

lease from the lot from June 2015 until the last quarter or
November 2017. To keep its proceeds, I opened an ATM
Savings Account in the name of Jacqueline for her to deposit
the moneys she collected. As of October 2017, this account
contained Seventeen Thousand Pesos (Php 17,000.00).

17.4. While I admit that I told Jacqueline with regard our

savings account, I did so because I requested from her some of
its proceeds for my seminar. I never insulted or abused
Jacqueline verbally on October 2017 or at any point of our
marriage except that I was merely concerned of how she
manage our funds. Despite the moneys in possession of
Jacqueline, my two children would tell me that their mother
refused to buy them what they need. Hence, quarrels between
me and Jacqueline are inevitable. Please see herein the invitation
of seminar marked as Exhibit “E”.

17.5. While Jacqueline may withdraw from our Savings

Account, she was not being honest where would she spend
some of its proceeds. She even refused to give me money when
I was in a seven days seminar on August 2017 prompting me to
yell at her “Hala kana mona iton!” (That is all yours!). Thus, if I
and Jacqueline have heated arguments these do not involve

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 insults or verbal abuse contrary to the findings of the Public
Prosecutor.

17.6. Unknown to me and my mother, however, Jacqueline was

indebted to several lending groups prompting it to collect from
my mother whenever Jacqueline would hide from them.
Because of this, she and my mother would argue which
arguments would end up having to see my mother crying.

17.7. Jacqueline disrespected my mother which I have ignored

to avoid heated confrontation. Jacqueline would ask my mother
to pay the food or give money to our children. Thus, my
mother would pay some expenses of our children without
Jacqueline paying her back.

17.8. Worse, Jacqueline would accuse my mother of having an

affair with a much younger man causing gossips from
neighbors.

17.9. Since working as public school teacher in 2016, I have been

entrusting my DBP-ATM Card given to me by DepEd. This is
where my salary as is downloaded monthly. But due to
outstanding loans, my net salary as of 2017 is only Five
Thousand Nine Hundred Pesos (Php 5,000.00), more or less.

17.10. On October 2017, however, Jacqueline received Fifteen

Thousand Pesos (Php 15,000.00) from my DBP-ATM because
my loan was not debited due to the fact that my savings is
already way below minimum ceiling of P4,000. Again, the
receipt of this money all goes to Complainant.

8. From the foregoing, it is obvious that all the complaints of

Jacqueline are unfounded. She was never maltreated in whatever
means. She enjoyed freely the moneys and property entrusted to her
by me and my mother throughout our marriage life. She was never
deprived of money, not even our children who were even cared of by
my mother.

Private Complainant robbed the

supplies and appliances store
owned by my mother sans any
authority from the Honorable
Court.

9. On March 27, 2018 at around 7:05 in the evening,

Jacqueline called my mother Narcisa informing the latter that she

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would get the remaining supplies and appliances of the store. Please
see Police Blotter marked and attached as Exhibit “F”.

10. True enough, Jacqueline was able to bring with her items
which either my mother owned or were proceeds of our business, to
wit:

Refrigerator – worth Php 17,000.00;

Blender – worth Php 4,000.00;
Pastic chairs and wooden table– worth Php 8,000.00; and
Stocks/grocery items – worth Php 10,000.00.

11. If the foregoing are all accounted for, my support is more

than enough for my children not to mention the sufferings I and my
mother endured from Jacqueline’s baseless suit. Jacqueline cannot
take the law in her own hands simply because she was filing a case
against me. This is precisely the reason why parties to the RA 9262
are required to stay away from the premises of each other’s dwelling
to preserve the status quo.

12. In all, I attest that I never deprive my children of support

since the day they were born to present. If these remained insufficient
in the eyes of complainant, then there will be no amount of support
that would suffice.

The acts complained of require

intent on the part of the offender
to constitute violence against
women and children under Section
3 of Republic Act 9262.

13. Section 3 of R.A. No. 9262 defines ''[v]iolence against women

and their children'' as “any act or a series of acts committed by any person
against a woman who is his wife, former wife, or against a woman with
whom the person has or had a sexual or dating relationship, or with whom
he has a common child, or against her child whether legitimate or
illegitimate, within or without the family abode, which result in or is likely
to result in physical, sexual, psychological harm or suffering, or economic
abuse including threats of such acts, battery, assault, coercion, harassment
or arbitrary deprivation of liberty.”

14. Moreover, psychological and economic abuse within the

purview of “violence” requires proof of intent. Again, quarrels
between married couples do not lead to psychological abuse simply
because the woman felt like it. Economic abuse, on the other hand,

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requires willful refusal on the part of the offender to give support.
Mere insufficient support, therefore, is not a criminal act.

13. I am executing this Affidavit to attest to the truth of the

foregoing facts, and for the Honorable Court to DISMISS Criminal
Cases No. 10337 and 10338.

AFFIANT SAYETH FURTHER NAUGHT.

IN WITNESS WHEREOF, I have hereunto signed this 11th day

of March 2019, at Prosperidad, Agusan del Sur.

JEM LOPIO DANILA

Affiant

SUBSCRIBED AND SWORN to before me this 11th day of

March 2019 at Prosperidad, Agusan del Sur, and after being satisfied
that he understood and voluntarily executed this affidavit.

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