Republic of the Philippines

Department of Justice
Tacloban City Prosecution Office
Tacloban City

PEOPLE OF THE PHILIPPINES,

Complainant,

-versus-

BENJIE GELIZON y MOVILLA,

LOVELY BAYER y POSION,
Respondent/s.

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JOINT COUNTER AFFIDAVIT

We, BENJIE GELIZON y MOVILLA and LOVELY BAYER y POSION of legal age,
living together as common law husband and wife and residents of Brgy. Sagkahan,
Tacloban City, Leyte, under oath, hereby depose and state THAT:

1. We are the same respondent in the above-entitled Complaint. On December 9, 2020,

we personally received a Subpoena together with a copy of the Complaint and its
annexes and requiring us to submit our counter-affidavit within ten (10) days from
receipt thereof. We are now seasonably submitting this counter-affidavit to refute the
charge against us.

2. That around Five o’clock in the evening of December 8, 2020, I personally invited
Robert Jacosalem to join us in the store of Anna Jean Eria with my wife, Lovely
Bayer and common friend Marl Robillos to celebrate the end of our school semester.

3. That on or about 6:00 pm Mr. Jacosalem while seated beside Lovely Bayer, started
hurling malicious and indecent words to her causing her discomfort and uneasiness.
That when confronted by Benjie Gelizon, Mr. Jacosalem dismissed the same as a
simple joke and said “ Waray man iton mawawara” while touching Lovely Bayer.

4. That in order to lessen the tension, Benjie Gelizon stand up and suggested that we
end the drinking session and requested to leave together with Lovely Bayer.

5. Seemingly insulted, Mr. Jacosalem pick up the knife owned by Mr. Robillos that we
are using as bottle opener and said “Anu di ka malingkod” and swing the same to the
Lovely Bayer to which she suffered a wound in the upper