EXHIBIT “1”

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF BATANGAS
FOURTH JUDICIAL REGION
BRANCH 2, BATANGAS CITY

People of the Philippines, Crim. Case No. 2380

Plaintiff,

- versus - - for –

Robby Reem ROBBERY

(402 Gulod Labac, with force upon things
Poblacion, Batangas City) (Art. 302 of the
Revised Penal Code)
Mak Nacao
(404 Gulod Labac,
Poblacion, Batangas City)

Accused.
x - - - - - - - - - - - - - - - - - - -x

JOINT COUNTER-AFFIDAVIT
OF THE ACCUSED
ROBBY REEM and MAK NACAO

THE UNDERSIGNED ACCUSED respectfully state:

We, Robby Reem and Mak Nacao, Filipino, of legal age,

single, and resident of Gulod Labac, Poblacion, Batangas City,
after being sworn to in accordance with the law, do hereby
depose and state that:

1. We have been made respondents in Crim. Case No. 2380,

a charge for Robbery with Force Upon Things by the
herein complainant on September 8, 2020 before the
Regional Trial Court of Batangas, Fourth Judicial Region,
Branch 2;

2. On September 8, 2020, we received a Subpoena from

said Court requiring us to submit a Counter-Affidavit
within 10 days from such receipt;

Page 1 of 3
 3. The charge is based on the allegation that we conspired
with one another in robbing the Lutong Bahay sa Sawali
Restaurant on the dawn of September 6, 2020;

4. We admit to the last sentence of paragraph 3 of the

Information since we were at Don Ramos on or about
2:30 am of September 6, 2020 to eat at Kumare’s Eatery,
which is along our way home;

5. We specifically deny paragraph 4 of the Information

alleging that we used a hammer to destroy the padlock,
that we entered the Lutong Bahay sa Sawali Restaurant
and that we carried away all the items enumerated in the
Information. We came from a friend’s birthday party and
we did not bring any hammer nor harmful objects. We
also did not enter the said restaurant nor carried away
the said items since we only went at Kumare’s Eatery
and we immediately went home after eating;

6. In relation to the preceding number, we also deny

paragraph 5 of the Information for the same reason
stated above;

7. We particulary deny the 1st sentence of paragraph 6 of

the Information alleging that we will share in the money
that will be earned in selling the stolen items. Mak Nacao
is a reseller and the items sold to Pedro Penduko came
from one of his suppliers. Mak Nacao merely asked for
Robby Reem’s help in delivering the items, without
promising to give him enough share once the items were
sold. Both Mak Nacao and Robby Reem were not aware
as to where the said supplier sourced the products. We
admit that the products were sold to Pedro Penduko but,
to reiterate, it was Mak Nacao who sold the items and
Robby Reem merely help with the delivery.

PRAYER

WHEREFORE, premises considered, it is respectfully

prayed that the instant criminal complaint be DISMISSED for
lack of merit and existence of doubt.

Further, the accused respectfully pray such and other

reliefs as may be deemed just and equitable in the premises.

TO THE TRUTH OF THE FOREGOING, we have signed this

Counter-Affidavit on September 9, 2020.
Page 2 of 3
AFFIANTS:

ROBBY REEM MAK NACAO

SUBSCRIBED AND SWORN to before me this 9th day of

September 2020, in Batangas City, Philippines, after I have
personally examined the affiants and that I am convinced that
he voluntarily executed this affidavit and understood the
contents thereof.

KIMBERLY CAMILLE MENDOZA

  Counsel for Defense
  Magpantay & Mendoza Law Office
  1st Floor, Junction Commercial Complex
  Padre Burgos St., Batangas City
  PTR No. 534214-02 – 04/25/2018
  IBP No. 536542 – 04/25/2018
  MCLE Compliance No. 806532

REEM MAGPANTAY
  Counsel for Defense
  Magpantay & Mendoza Law Office
  1st Floor, Junction Commercial Complex
  Padre Burgos St., Batangas City
  PTR No. 529324-03 – 04/18/2017
  IBP No. 522425 – 04/25/2017
  MCLE Compliance No. 798234

Copy Furnished:
SZIA DARENE MARTIN
City Prosecutor
MCLE Compliance No.
Valid until

LAWRENCE GREGHILL BRAVO

Associate City Prosecutor
MCLE Compliance No.
Valid until

Page 3 of 3