REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
Branch __, ____

PEOPLE OF THE
PHILIPPINES (______),
Complainant,

‐versus‐ CRIM NO. ____

For: VIOLATION OF BP BLG.22

________,
Accused.
x‐‐‐‐‐‐‐‐‐‐‐------‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐x
COUNTER AFFIDAVIT

I, ________, of legal age, married/single, and a resident of

____________________, after being duly sworn in accordance
with law, hereby depose and state that:

1. I admit the allegation in paragraph 1 of

____________________ complaint-affidavit relative
to its claim of my residence address;

2. I deny the allegation in paragraph 2 in as I do

not recall asking from her a loan amounting to
P600,000.00;

3. I admit the allegation in paragraph 2 in so far as

having entered into a P350,000.00-loan
agreement, subject to 10% interest. I was
compelled to enter into this deleterious
agreement, borne out of exigent family and
health emergencies;

4. I deny the allegation in paragraph 3. I did not

receive P200,000.00;

5. On account of prior understanding and overt

agreement, that the check is only to serve as her
“front” to her investors or financiers and not to
be negotiated, I admit in drafting a check for
P605,000.00;

6. I deny the allegations in paragraph 5. I did not

 ask her to defer deposit of the check – it was
never our business practice to deposit the
checks, even for the prior loans she has
extended with me. Contrary to her claim, I
informed ____________________ that I cannot
make good my obligation to pay her the
principal including interest on the due date;

7. I deny the allegations in paragraphs 6 and 7. I

did not ask her to defer deposit of the check nor
was I given verifiable information as to her
depositing the check and its subsequent
dishonor, as she now claim;

8. I deny the allegations in paragraph 8. To the

best of my recollection and in so far as she
claims notifying me of the dishonor, what I
reckon she communicated repeatedly were only
demands to pay the amount owing, including
the interests thereon – without notice of the
dishonor. I am also not privy to her referral with
her counsel of the subject matter;

9. I deny the allegations in paragraphs 9 and 10. I

was not privy to the conversation between her
and ____________. I also do not recall having
signed any document to its effect;

10. Contrary to her allegations, on or about 14

September 2019, she summoned me by way of
katarungang pambarangay and we had an
agreement1 – for me to do my best to settle my
remaining principal obligation amounting to
P400,000.00 from November 2019 to February
2020;

11. To my surprise, without first honoring and

giving due course to our novated agreement, she
threatened me to just talk to her lawyer
sometime December of 2019;

12. Her inchoate judicial action disavowed the

authority of the katarungang pambarangay
which she herself sought; and

1
Barangay Agreement is attached as Annex “A” hereof.
 13. This Counter Affidavit executed to attest to the
truth of the foregoing averments, to manifest my
sincere intent to settle my purely civil
obligations, and to disclaim all the accusations
against me. Accordingly I pray, before this
Honorable Court, to dismiss this case for failing
to comply with a condition precedent.

IN WITNESS WHEREOF, I have affixed my signature on

this _____________ 2020 at ____________.

Affiant

CERTIFICATION

SUBSCRIBED AND SWORN to before me this _______ day

of August 2020 at ________________.

I hereby CERTIFY that I have personally examined the

affiant and that I am satisfied that she has voluntarily executed
and understood her Counter‐Affidavit.

_________________________
_________________________

Copy Furnished:

Office of the City Prosecutor

________ City

Domingo
____________, Navotas City

EXPLANATION

A copy of the foregoing “Counter-Affidavit” was filed with the

Honorable Court and was served upon the Office of the City
Prosecutor through ___________________ in view of limited time
and resources, impracticability of personal service, and in
mitigating the risk of acquiring the virus.