Republic of the Philippines

Department of Justice, Region V

National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Sorsogon City

PEOPLE OF THE PHLIPPINES

Complainant,
NPS Nos. V-06-INV-206-491
For: Estafa (Art. 315 of RPC)
- versus -

NILDA NALES GACHE and

MA. LUZ NALES GACHE
Respondents.
x----------------------x

JOINT COUNTER-AFFIDAVIT
WE, NILDA NALES GACHE and MA. LUZ NALES GACHE, both of
legal ages, and residents of Macabog, Sorsogon City and Capiricuhan,
Bulusan, Sorsogon, respectively, after having been duly sworn in
accordance with law, depose and state that:

1. We are the respondents in the above-captioned case;

2. The acts alleged in the complaint and in the affidavits supporting it

do not sufficiently show that we are responsible for estafa and/or
that we are probably guilty thereof and thus should be held for trial;

3. We received the subpoena on August 23, 2020, thus we have until

September 3, 2020 to file this Joint Counter Affidavit;

4. The truth is that there was NO ANY FORM OF DECEPTION OR

MISREPRESENTATION against the private complainant to
warrant the filing of this case in so far we are concerned. The
documents presented by the private complainant will show that
she is fully aware that the property do not belong to us but to
SPS. DEMETRIA MASAWAY and EMIKO M. FUKUYAMA. It was
evidenced by the Transfer Certificate of Title No. T-38258. Now on
the issue of selling the property, it was verily sold to the private
complainant evidenced by a Deed of Absolute Sale dated April 25,
2018. Said Deed is attached to the complaint;

5. The problem aroused when the property is now being claimed by

another person. But we humbly submit that said matter is no
 longer our concern, the issue should be addressed to the
sellers SPS. DEMETRIA MASAWAY and EMIKO M.
FUKUYAMA who might have given the warranty against
eviction, and not us;

6. The transaction is clearly between SPS. DEMETRIA MASAWAY

and EMIKO M. FUKUYAMA and the private complainant. Our only
participation, maybe, is we were the ones who received the
money. That alone, however, doesn’t establish misrepresentation
to make a belief that we own the property;

7. Thus, WE execute this affidavit to attest to the truth of the

foregoing, SPECIFICALLY, FOR THE DISMISSAL OF THE
INSTANT COMPLAINT FOR LACK OF SUFFICIENT BASIS TO
SHOW THAT ESTAFA HAD BEEN COMMITTED AND/OR THAT
WE ARE PROBABLY GUILTY THEREOF, AND THUS SHOULD
BE HELD FOR TRIAL.

IN WITNESS WHEREOF, we have set our hands this 24th day of

August, 2020 at Sorsogon City, Philippines.

NILDA NALES GACHE MA. LUZ NALES GACHE

Affiant Affiant

SUBSCRIBED AND SWORN to before me this 24th day of August,

2020 at Sorsogon City, Philippines.

COPY FURNISHED:

MARINA LAGADIA LASAY

Pangpang, Sorsogon City