Republic of the Philippines

Department of Justice
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
San Andres, Santiago City

KEITH ANGELA SAFLOR PALANA,

Complainant,

NPS Docket No: II-04-INV-20k-00290

-versus- For: Multiple Counts of Acts of

Lasciviousness in relation to R.A. 7610.

ROLANDO VENTURA GAUDIA JR.,

Respondent.
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COUNTER-AFFIDAVIT

RESPONDENT ROLANDO VENTURA GAUDIA JR., of legal age,

Filipino, single, and presently residing at Purok 6, Buenavista,
Santiago City, by himself, and unto this Honorable Office most
respectfully moves and states, That-

1. I am the same person named as respondent in this affidavit;

2. I vehemently deny the allegations against me for being

malicious, baseless and whimsical, the truth of the matter
being that-

2.1. Like the other kids inside our compound, Keith Angela
Saflor Palana, “Angela” for brevity”, was kissed on her
cheek and neck, placed on top of my thigh and the same
 were witnessed by our neighbors- relatives living inside
our compound as there was nothing malicious in it but
purely tenderness or affection as Angela is a niece to me.
Angela’s father and I are first cousin;

2.2. There was no truth to Angela’s claim that I stripped her

of dress and caressed and kissed her breast, pulling off
her short and touch her vagina inside our house, outside,
and inside Angela’s home. For if it were true, I could have
easily seen by my mother, brother, aunts and uncles and
Angela’s mother and practically all our neighbors-
relatives inside our compound would saw me doing it.
The repercussions are immediate and no one would spare
me from malicious activities should the allegations be
true;

2.3. The claim against me was nothing but a mere product of

pure imagination free from any appreciations or mis-
appreciations. For one thing, Angela’s father and I are
first cousin. Second, Angela is a niece to me, and Third,
how could Angela’s claimed be true- (kissing/ licking her
breast and pulling off her short and touching her vagina)
where I could have hired a hostess to fulfill my wildest of
dreams. In that way, I would be free from persecution in
the eyes of my neighbors-relatives;

2.4. The allegations that I have been doing scurrilities to

Angela everytime I went home from work and before
 going to work were simply unbelievable. I was then
working in the construction. As such, I woke up early at
5:30 - 6:00 in the morning to cope up with 7:00 O’clock
in the morning and 5:00- 5:30 in the afternoon from
Monday to Saturday, and on Sunday I was allowed to
work part-time by Ronnie Talania. (Copy of the Affidavit of
Ronnie Talania is hereto attached marked as Annex “1” and made
integral part hereof)

2.5. Assuming without granting that Angela’s version was

true, there is no way that I could have perpetrated the
felonious act as there are hindrances or obstacles. First, I
have my work which is from 7:00 O’clock in the morning,
preluded by 6:00-6:30 O’clock in the morning to attend
personal necessities and 5:00 in the afternoon and added
to it the approximate 30 minutes of going home to make
it 5:30 in the afternoon from Monday to Saturday, so how
could I subjected Angela to my nefarious act? Second,
one may say how about on Sunday? Well, I have a part-
time on Sunday. Third, all the allegations happened
inside our compound and there were lot of individuals
inside the compound, including the mother of Angela,
Margie Saflor Palana that could have seen us (Angela and
I) because most of us have no job to speak of but there
was none as I did nothing malicious to Angela; and
Fourth, the allegation that I applied force to Angela’s
hand everytime I feel like doing it is also untrue. If I
applied force to her hands she would have been sprained
or cripple;
2.6.

2.7. One thing more, I could not understand allegations (13)

that “Pumasok si tito Onyok sa bahay habang nanunood
po ako sa cellphone. Nakalimutan kong isara ang pintuan.
Bigla po akong kinuha ni tito Onyok (referring to the
respondent) at kinandong. Sinilip po kami ng lola Onor
(mother of Alvin Ventura Palana, father of Angela) at
Nakita nya po kami sa loob. Pinaalalahanan ako ni
lola na huwag magsaksak ng kuryente. xxx” it is
really an off-tangent recollection of fact more so that the
complaint is multiple counts of acts of lasciviousness in
relation to R.A. 7610;

2.8. The complaint is replete of witnesses such as lola Vangie,

lola Onor (Eleonor Ventura Palana), lolo Edwin, tito
Daniel and Weng-weng. Unfortunately, there is not even
a single affidavit, not even to Onor who is the paternal
grandmother of complainant, who could have testified
that indeed complainant statement is true. Indeed no one
especially a grandmother would tolerate such act
perpetrated against her granddaughter. While it is true
that Eleonor Ventura Palana is a relative to both
complaint and the respondent, nevertheless dictate of
blood would naturally be in the complainant’s side
should the allegations be true more so she is second
degree relative in the direct ascending line to the
complainant but here the grandmother choses to zipped
her lips off;
2.9. Also the child Weng-weng

2.10.The conversation that we had On October 28, 2020, with

our uncle Elyjohn was true but I vehemently and
repeatedly deny the allegations of Angela as there was no
truth to it. The actuation of mine that “nu adda man
nagbasulan ko kenya yu pasensyahan yu lattan” was a
way to get out of the conversation as my cousin Alvin
Ventura Palana and his wife Margie Saflor Palana were
already infuriated at me which defeated the purpose of
our uncle Elyjohn Ventura to have an orderly discussion
of our concerns;

2.11.As it stands, there is neither direct evidence to prove that

I have done the imputation against me despite of the
many people in our compound to testify should it be true
nor circumstantial evidence to prove that I have
committed it;

2.12.In Quizon v. Juan, 554 SCRA 601, the High Court

echoed, that-

“Bare Allegations can never be

equated with proof. Thus in the
absence of proof to
substantiate the said
allegations, the same cannot
be utilized as a basis for
 finding probable cause. Since
allegations without proof is a
mere suspicion” [emphasis and
underscoring supplied];

2.13.While the term “Probable Cause” eludes exact definition,

jurisprudence nonetheless teaches us that it is the
existence of such facts and circumstances as would
excite the belief in a reasonable mind, acting on the facts
within the knowledge of the prosecutor, that the person
charged was guilty of the crime for which he was
prosecuted (Yu v. Sandiganbayan, 410 Phil. 619, 627). And that
in the preliminary investigation, the public prosecutor
merely determines whether there is probable cause or
sufficient ground to engender a well-founded belief that a
crime has been committed, and that the respondent is
probably guilty thereof and should be held for trial.

Case law, however, also teaches us that to “engender a

well-founded belief that a crime has been committed”
complainant must be able to substantiate its allegation
though less than what is required to warrant conviction it
nevertheless requires more than bare suspicion said the
high tribunal in Chan Vs. Sec. of Justice, 548 SCRA
337, in elucidating on the concept of probable cause
where the High Court with emphatic language, said-

“Probable cause need not be

based on a clear and
 convincing evidence of guilt as
the investigating officer acts
upon reasonable belief.
Probable cause implies
probability of guilt and
requires more than bare
suspicion but less than
evidence which would justify
convictions” [emphasis and
underscoring supplied];

2.14.

3. Cas;

4. I am executing this counter-affidavit to attest the veracity

and truthfulness of the foregoing facts and circumstances.
Further, respondent prays for the dismissal of the above-
captioned case for utter lack of merit;

IN WITNESS WHEREOF, I have signed my name this 18 th day

of December 2020, at Santiago City.

ROLANDO VENTURA GAUDIA JR.,

ID. ______________________________
_________________________________

SUBSCRIBED AND SWORN to before me this 18th day of

December 2020, at Santiago City.

I further certify that I personally examined the affiant and I am

satisfied that he voluntarily executed and understood his affidavit.
 ___________________________
Administering Officer

Copy furnished:

KEITH ANGELA SAFLOR PALANA

Complainant

Thru-

Alvin Ventura Palana & Margie Saflor Palana

Purok 6, Buenavista, Santiago City

Republic of the Philippines }

City of Santiago }SS.
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AFFIDAVIT OF WITNESS

I, EVANGIELYN V. GAUDIA, of legal age, Filipino and resident

of Purok 6, Buenavista, Santiago City, after having been duly sworn
to in accordance to law, hereby depose and states, That-

1. I am the same person executing this affidavit;

2. I am a housewife and the mother of Rolando V. Gaudia Jr.,

3. That almost all of the time, I was inside our home at Purok
6, Buenavista, Santiago City doing household chores;

4. In several instances, I have personally seen my grandchild

KEITH ANGELA SAFLOR PALANA playing jokingly with his
uncle Rolando V. Gaudia Jr., inside our house, outside, and
at Angela’s house;

5. There is absolutely want of truth about the allegations

against Rolando V. Gaudia Jr., that the latter was kissing
Angela at her neck, breast, pulling off her short, and
touching her vagina because if it were true I should be the
one to call the attention of Rolando V. Gaudia Jr;

6. We are living in one compound where suspicious and

unwanted actions coming from outsider including dwellers
in our compound may immediately noticed. As such, the
allegations against Rolando could be the result of anger,
mis-understanding and mis-appreciation of facts between
Margie Saflor Palana (the mother of Angela) and Rolando V.
Gaudia Jr., that could eventually tutored Angela to tell
otherwise to the authorities;

7. I am executing this affidavit for the purpose of attesting to

the veracity of the foregoing facts and circumstances and in
support to the counter-affidavit filed by Roland V. Gaudia
Jr., against KEITH ANGELA SAFLOR PALANA.
 IN WITNESS WHEREOF, I have signed my name this
______________ at Santiago City.

EVANGIELYN V. GAUDIA
Affiant
_________________________
_________________________

SUBSCRIBED AND SWORN TO before me this _____________at

Santiago City.

Doc. No. …….;

Page No. …….;
Book No. ……;
Series of 2020.

Republic of the Philippines }

City of Santiago }SS.
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AFFIDAVIT OF WITNESS

I, MARC DANIEL V. GAUDIA, of legal age, Filipino and resident

of Purok 6, Buenavista, Santiago City, after having been duly sworn
to in accordance to law, hereby depose and states, That-

1. I am the same person executing this affidavit;

2. I am the one being referred to as Tito Daniel in KEITH

ANGELA SAFLOR PALANA’s affidavit;

3. Studyante, may lock yung pintuan ng kwarto, saan yung

kwarto sa bahay?

4.
Republic of the Philippines }
City of Santiago }SS.
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AFFIDAVIT OF WITNESS

I, EDWIN G. VENTURA, of legal age, Filipino and resident of

Purok 6, Buenavista, Santiago City, after having been duly sworn to
in accordance to law, hereby depose and states, That-