Republic of the Philippines

Department of Justice
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Santiago City
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ROBERT LEONARDSON N. CHUA

Complainant, NPS: XXX-XXX-XXX-XX
For: Violation of BP 22
-versus-

ROMEO A. MARCELO
Respondent,
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COUNTER-AFFIDAVIT

I, ROMEO A. MARCELO, 40 years old, Filipino, married and resident of #1637

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Nicolas Zamora St., Pritil, Tondo, Manila, after having been sworn to in accordance with
law, hereby depose and state:
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1. That I am the same person executing this Counter-Affidavit;
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2. That I am the respondent in a criminal complaint docketed as NPS Docket No.

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XXX-XXX-XXX-XX now pending before the Honorable Office of the Provincial

Prosecutor, Santiago City;
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3. That on October 20, 2020, I received the Subpoena of this Honorable Office
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requiring me to submit Counter-Affidavit and other supporting documents

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within ten (10) days from receipt thereof;

ADMISSIONS AND DENIALS

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4. I strongly and vehemently deny the material allegations of the private

complainant in his sworn Complaint-Affidavit for being mere fabrications full of
lies. However, I admit the following:
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a. That I met private complainant sometime in 2017 and we became good

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friends;

b. That he offered me to buy his trailer bed and trailer truck in the amount
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of TWO HUNDRED TWENTY-FIVE PESOS (PHP225,000.00) upon

my issuance of two (2) postdated checks amounting to
ONE HUNDRED TWELVE THOUSAND FIVE HUNDRED PESOS
(PHP112,500.00) each;

5. Other allegations in the Complaint-Affidavit are hereby denied for being

malicious purposely designed to malign me. The truth of the matter is
described hereto.

STATEMENT OF FACTS TO SUPPORT THIS COUNTER-AFFIDAVIT

6. That in August 2019, I paid private-complainant the amount of

ONE HUNDRED TWELVE THOUSAND PESOS (Php112,500.00) in cash
purposely to cover the payment of my 1st check which shall become due on
November 2019;

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 7. That on account of security, I requested for an Acknowledgment Receipt to
the private-complainant to prove my payment but I was told by
Robert Leonardson that he cannot issue me the receipt until my full payment
is made. He asserts further that we are friends anyway;

8. That for the second time around, I used the trailer truck on September 2019,
and therefrom, I discover the damage in the said vehicle;

9. I then sought for the help of a mechanic for him to determine the extent of
damage and deficiencies in the truck and to my astonishment, I was told that
the damage has long been present;

10. I outrightly informed the private-complainant upon perceiving the news but
unfortunately, I was told to undertake the responsibility and to assent with its
“AS IS” condition;

11. Considering the enormous amount that I have already spent for the trailer

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truck, I asked Robert Leonardson if he, in any way could reimburse me of my
expenses for repair and deduct it instead from my remaining balance of

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ONE HUNDRED TWELVE THOUSAND PESOS (Php112,500.00);
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12. Finding merit on the proposal, the private-complainant then agreed and
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requested me to provide him the cost estimates which amounted to

ONE HUNDRED EIGHTY THOUSAND PESOS (Php180,000.00). The actual
cost however totaled to ONE HUNDRED NINETY-FIVE THOUSAND
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PESOS (Php195,000.00) where receipts were presented before him;

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13. Upon sight, Robert Leonardson was not persuaded of the amount indicated in
the receipts and henceforth, denied my reimbursement claims;
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14. Verbal demands for my refund were further communicated to private-

complainant but to no avail. In fact, he even warned me of his action to file a
case for violation of BP Bilang 22 against me should my issued checks will
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bounce;
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15. With this, I did no longer deposit funds adequate to back-up the checks which
I previously issued to private-complainant because I could no longer collect
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from him as he denies my reimbursement claims. Besides, the total amount I

have already given him is way beyond larger, suffice enough to settle my
balance of ONE HUNDRED TWELVE THOUSAND PESOS (Php112,500.00).

ARGUMENTS AND DISCUSSIONS

16. I was charged of the crime for violation of Batas Pambansa Bilang 22 which
elements constitute the following:

1. The person accused of violating the law makes, draws or

issues any check for account or for value;

2. He has knowledge at the time he issued the check that he

does not have sufficient funds in or credit with the drawee

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 bank for the payment of the check when presented for
payment; and,

3. The drawee bank dishonors the check because of

insufficiency of funds, or it would have dis honored the
check for the same reason if the issuer did not order the
bank to stop payment for no valid reason.

17. On this note, the case should be DISMMISED on its face for the reason
hereunder discussed:

PAYMENT OF THE VALUE OF THE CHECK BEFORE FILING OF THE

CRIMINAL CASE IN COURT

18. The I, Romeo A. Marcelo, respondent in this case asserts the DISMISSAL of
the criminal case against me on the basis that I have already PAID IN FULL
the amount of the dishonored checks PRIOR TO THE FILING OF
INFORMATION IN COURT;

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19. Well-settled is the rule in Lim v. People of the Philippines, where the Court
states that:
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“xxx considering that the money value of the two checks issued by
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petitioner has already been effectively paid two years before the
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informations against him were filed, we find merit in this petition.

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We hold that petitioner herein could not be validly and justly

convicted or sentenced for violation of B.P.22 .”
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20. Clearly then, upon my showing of good faith that I have already settled my
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obligations to private-complainant before the filing on an Information in Court,

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then it is but JUST and EQUITABLE that herein respondent shall NOt be
convicted or sentenced in the criminal charge for violation of B.P. Bilang 22.
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IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of October
2020 at Santiago City, Philippines.
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ROMEO A. MARCELO
Respondent
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T.I.N. 123-456-789
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SUBSCRIBED AND SWORN to before me via remote notarization (via

videoconferencing) this 20th day of October 2020 at Santiago City, Philippines. I hereby
certify that I have personally examined the affiant and I am convinced that he personally
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executed and understood the contents of his Counter-Affidavit.

Atty. ROXANNE APRIL B. LAWAD

Administering Assistant City Prosecutor

Doc. No. ____________

Page No.____________
Book No.____________
Series of:___________

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