REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
OFFICE OF THE PROSECUTOR
MANILA
Paper Towns Bank, as represented by
Atty. Bong Gomez de Papel
Head, Legal Department of
Complainant,
I.S. # 153045
For: Robbery with Homicide
-versus-
Accused, Sergio Marquina aka. Professor, et.al
x---------------------------------------------------x
COUNTER – AFFIDAVIT
I, SERGIO MARQUINA AKA. PROFESSOR, Filipino, of legal age, single, with residential
address at 1234 Dreamhouses Village, San Mateo, Manila after being duly sworn in
accordance with law, do hereby depose and state the following:
1. I am the respondent in the instant complaint;
2. I vehemently deny the allegations that the instant complaint has leveled
against me for lack of knowledge as to the truth of the said allegations, the
truth being that;
A. In the morning of October 15, 2020, at exactly 8:00 o’clock, I
arrived at Room 101, Building 2 of the Mapua University
located at 333 Sen. Gil J. Puyat Ave, Makati, 1200 Metro Manila
where I work as a Part-Time lecturer in a Culinary Arts
courses;
B. At 11:00 o’clock on the same date, October 15, 2020, after my
first class I then went to the Faculty Room to check the
paperwork of my students;
C. At exactly 11:30 AM I left the school premises after checking
the paperworks of my students and I immediately went to our
Restaurant (Barrio Cuisina) located at Ayala Center, Ayala Ave,
Makati, 1200 Metro Manila and at exactly 12:00 PM I arrived at
the Restaurant;
D. That, I was at the Restaurant from 12:00 noon until the closing
time, 10:00 o’clock in the evening;
D. At about five (5) in the afternoon of the following day, October
16, 2020, I received a call from my brother informing me that
the complainant has filed charges against me for the crime of
Robbery with Homicide;
E. I am the eldest of three siblings and our family is engaged in a
Restaurant Business (Barrio Cuisina) with more than 20
branches nationwide. I am managing the entire Luzon
branches.
F. It is physically impossible for me to commit the crime charged
because I was at the above-mentioned University from 8:00
AM to 11:30 AM, working as a Part-Time lecturer and I was at
the Restaurant from 12:00 noon until 10:00 PM;
G. That it would be intolerable for me to commit a robbery
because our family is wealthy and our business is financially
growing;
H. I have never seen the complainant nor have I been to or near
the vicinities of the Paper Towns Bank on October 16, 2020 at 10:00 AM;
F. I have never been connected nor related with the three other
accused.
3. The allegations stated in the Complaint-Affidavit are mere malicious
fabrications by the complainant.
4. I am executing this counter affidavit to attest to the truth of the foregoing
statements and to support for the dismissal of the case filed against me.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that the instant
criminal complaint be DISMISSED for lack of merit.
FURTHER, the respondent respectfully pray for such and other reliefs as may be
deemed just and equitable in the premises.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 2 nd of March
2021.
SERGIO MARQUINA
Affiant
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SUBSCRIBED AND SWORN TO before me this 19th day of 2 nd of March 2021, in Manila City,
Philippines, affiant having exhibited to me his TIN 123-456-78 as competent evidence of
his identity.
Ruben Gadiana
Counsel for the Defense
Roll of Attorney No. 1234
PTR No. 5678, January 2015, Cebu City
IBP No. 91011, January 15, Cebu City
MCLE Compliance No. I-121314 – 10/21/16
Doc. No. 2
Page No. 2
Book No. 3
Series of 2019.
CERTIFICATION
I HEREBY CERTIFY THAT I have personally examined the affiant and I am satisfied
that he voluntarily executed and understood his own affidavit.
Miguel Capahi
Counsel for the Defense
Roll of Attorney No. 1234
PTR No. 5678, January 2015, Cebu City
IBP No. 91011, January 15, Cebu City
MCLE Compliance No. I-121314 – 10/21/16
Page 3 of 3
