REPUBLIC OF THE PHILIPPINES

Department of Justice
OFFICE OF THE CITY PROSECUTOR
Quezon City

MARLON P. PONCE, VICTORIANO

M. BICOS, JR., EDISON HINDAP,
ROMULO DE LA CRUZ AND
REBECCA PASTORAL,
Complainants,

-versus- I.S. No. 08-5622

For: ROBBERY, THEFT,
MALICIOUS MISCHIEFS
ANDRES APO, EDDIE APO, MARCIA GRAVE COERCIONS,
CRUZ and MARCELIA CRUZ, GRAVE THREATS, GRAFT
Respondents, And CORRUPTION, ETC.
x-----------------------------------------------------x

COUNTER-AFFIDAVIT TO
SUPPLEMENTAL COMPLAINT AFFIDAVIT

We, ANDRES APO, of legal age, Filipino, married and a resident of #35 Roque
Compound 1, NPC Village, Pasong Tamo, Quezon City and EDDIE APO, legal age,
Filipino, married and a resident of Banlat, Tandang Sora, Quezon City, after having been
duly sworn do in accordance with law, by way of counter-affidavit to the supplemental
complaint-affidavit, hereby depose and state:

1. We deny the material allegations of the Supplemental Complaint-Affidavit

lodged by Marlon P. Ponce and Jose P. Garcia against us;

2. That complainants are merely speculating and assuming that respondents were
the ones who stole the things mentioned in their Affidavit. Complainants do
not even have any documents or proof to show that these things exist in the
first place. Proof that these things were in the subject location on May 30-31,
2008 is also lacking. This complaint is self-serving because they just
enumerated those things and alleged that they were forcibly taken by the
respondents without anything to support such allegations;

3. That their allegation on paragraph 2, subparagraph (a) that the electrical

wirings attached to his owner type jeep was missing and blamed the loss to
herein respondents is unmeritorious and ridiculous. Complainants merely
took pictures of it to show that indeed, said wirings were missing. These bare
pictures do not prove that herein respondents are the ones responsible for such
loss;

4. That complainants stated on paragraph 3 of their affidavit that “That said

robbed, forcibly taken away, or looted materials, items, goods, or things
could have been made not only on May 30 and 31, 2008, but also, much
possibly, during the night the respondents and their men were guarding,
securing, and watching the construction……..”. Such statement only proves
that complainants are merely assuming and guessing that herein respondents
stole the things listed in their affidavit. This also proves that their allegations
are all unmeritorious;

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 5. That to confirm that their allegations are pure conjectures and speculations,
paragraph 4 of their affidavit states “That said respondents were the only
persons with his men and co-respondents, Cruz sisters, are only ones with the
obvious motive, intent and temerity…….”. This shows that complainants
based their allegations on unproven motive and intent of respondents. Even
the motive and intent of respondents were already prejudged by the
complainants;

6. That another statement made by complainant to show that they only relied on
their suspicion in filing this complaint is stated in paragraph 5 of their
affidavit which states “That said items and things lost, robbed, damaged,
forcibly taken, and coercions, threats and graft and corruptions, and
superiority in numbers and force, arm/s and strength were noticed, alarmed,
on the strength of a tip/s, and suspicion/s…….”. They purely relied on their
suspicion and unverified tips in accusing respondents for the crime of robbery,
theft and malicious mischief;

7. That we have a Memorandum of Agreement (MOA) with the owner of the

subject lots that these are for “CMP” Project under Mayor Sonny Belmonte
and Barangay Captain Marivic C. Pilar. We have the complete documents of
the CMP Project. A copy of the MOA is hereto attached as Annex “1”.
Copies of the CMP Project documents are hereto attached as Annex “2” with
submarkings;

8. That complainant Marlon Ponce was previously ordered by the Barangay to

produce documents to show that he is the lawful owner of the land where his
house is built but he cannot show anything to the Barangay. This is because
his house is erected on the land owned by Marcelia Cruz. The title of the land
will show that indeed, Marcelia Cruz is the legal owner of the subject land;

9. That the Supplemental Complaint Affidavit filed by the complainants was

filed only to harass us. Said affidavit is unmeritorious and is based on pure
conjectures and speculations;

10. That we are executing this Affidavit to attest to the truthfulness and veracity
of the foregoing contents and for whatever legal purpose it may serve.

IN WITNESS WHEREOF, We have hereunto set our hand this 10th day of
November, 2008 at Quezon City.

ANDRES M. APO EDDIE M. APO

Affiant Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, this ____ day of November,

2008 at Quezon City.

ADMINISTERING OFFICER