REPUBLIC OF THE PHILIPPINES

OFFICE OF THE CITY PROSECUTOR

CITY OF BACOLOD

SOCIAL SECURITY SYSTEM,

Complainant, Investigating Prosecutor

NPS DOC. NO.

-versus- CHARGE: VIOL. OF RA 8282

EVERYDAY SONG
Respondent.
x-----------------------------------------------x

COUNTER AFFIDAVIT

I, EVERYDAY SONG, Filipino, married, resident of San Sebastian-

Araneta St. Brgy. 32 Bacolod City, do hereby state under oath that:

1. That I am the Manager / Partner of SMILEY Realty Company (‘the

Company”) with SSS Employer ID No. 07-1234567-0 and business
address at Araneta St., Bacolod City; and that I have personal
knowledge of the matters hereinafter set forth.

2. I have received the subpoena on March 6 2019 directing the

undersigned to submit counter affidavit within ten (10) days. I
requested for an additional 15 days within which to file the counter
affidavit, thus, I have until March 26, 2019 to comply the submission
of my counter affidavit;

3. That I am filing this Counter Affidavit in response to the Complaint-

Affidavit filed by, the Account Officer of Social Security System,
Bacolod Branch, charging the Company for failure to remit the
premiums and penalties due for the period covered from May 2010 to
November 2015 in the amount of PHP 892,340.67 including the
penalties computed.

4. The Company vehemently denies the allegations in the said

Complaint-Affidavit, the truth of the matter is that the Company
retires its business effective May 31, 2011. Unfortunate circumstances
prompted the Company to closed its business operation on May 31,
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 2011. Attached hereto is the Certification from the Office of the City
Treasurer, License Division, Bacolod City as Annex “A” and made an
integral part hereof;

5. As a consequence of closing its business, the affected employees

sought employment with Prime Realty Corporation effective May 2,
2011.The company has no employees since May 2011, as such, no
payment for SSS contribution was made since then;

6. Hence, as can be gleamed from the records, the Company has paid
the SS and EC monthly contributions of its employees for the Month
of May 2011 amounting to P4,116.00 paid on May 11, 2011. That the
said employees’ monthly contribution was the last monthly
contribution being that the Company closed it operations on May 31,
2011. Hereto attached photocopy of R-5 for the applicable month of
April 2011 paid May 11, 2011 in the amount of P4,116.00 as Annex
“B” and made an integral part hereof.The affected employees are as
follows:
Name SSS Number

7. However, the abovementioned affected employees of the company

were gainfully employed at, the SSS monthly contribution of the
affected employees was never interrupted nor broken. As a matter of
fact, Prime Realty Corp started paying the monthly contribution for
the applicable month of May 2011. Hereto attached is the photocopy
of the R-5 paid on June 10, 2011 as Annex “C” and made an integral
part hereof;

8. Since the employee-employer relationship was validly terminated

since May 1, 2011, the obligation of the company in paying the
monthly SSS and EC contribution likewise ceased on the same period;

9. Sufficiently therefore, there was no malicious failure and refusal on

the part of the company to remit the SSS Monthly Contributions. The
company did not deduct any amount from the affected employees for
the SSS and EC contribution effective May 1, 2011 simply because of
the absence of employee-employer relationship. The failure of the
company was merely due complete inadvertence for failure to
informed SSS Bacolod Branch of the closure of Realty Company
effective May, 31, 2011.

10.All of the foregoing premises considered, it is respectfully

submitted that the allegations in the sworn statement do not

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 present a substantial ground for criminal action violation of Sec
22(a) in relation to Section 28(e) of the SS Law. It is in this light
that I most respectfully pray of this Honorable Office that the
instant complaint against me be DISMISSED FOR FAILURE TO
STATE A CAUSE OF ACTION.

11.I hereby execute the foregoing Counter-Affidavit, to attest to

the truth of the foregoing statements.

AFFIANT FURTHER SAYETH NAUGHT.

26 March 2018. Bacolod City.

Affiant

SUBSCRIBED AND SWORN to before me this _______ day of March

2019 in Bacolod City. I HEREBY CERTIFY THAT I have personally examined
the affiant and I am satisfied that he personally executed and understood
his Counter-Affidavit.
_________________________
City Prosecutor

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