Republic of the Philippines )

City of Cebu ) s.s.

COUNTER-AFFIDAVIT

I, RUBEN DELA CERNA, a Filipino, of legal age, with assistance

of counsel, do hereby state under oath that:

1. I am a resident of Tres de Abril Street, Brgy. Labangon, Cebu

City;

2. I recently learned that I have been made a respondent in a

complaint for robbery filed by GENEVA F. VILLAFLORES ;

3. The robbery allegedly took place on January 15, 2021 at 6pm in

the City of Cebu;

4. There is no factual nor legal basis in the allegations made in the

complaint of robbery filed by Geneva F. Villaflores before the
Office of the City Prosecutor for Cebu City;

5. I am first degree cousins and best friends with RAMON DACER

alyas “MON”;

6. I returned to my hometown in Davao City on January 12-18, 2021

to attend the wedding of Ramon Dacer held on January 15, 2021,
at the time and date of the commission of the alleged crime, as
best-man and signed as a witness, as shown in the certificate of
marriage marked as Annex “A-1”, the Philippine Airlines round-
trip plane ticket booked and confirmed on December 1, 2020
(Annex A-2), and the two boarding passes for the flights to and
from Davao City (Annex A-3);

7. Several photos were also taken during the marriage ceremony

which include a photograph taken with me, the newly-weds and
the entire family, marked as Annex “B”;

8. The photos taken and posted in social media are corroborated by

the testimony of other attendees, marked as “C”;

9. Furthermore, the complaint filed failed to allege the address where

the crime was committed;

10. Also, the identity of the perpetrators cannot be clearly established

with the CCTV presented as evidence since it was faulty and of
low quality;

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 11. The CCTV presented as evidence had no audio, shows a flickering
video, was only in black and white, without night vision, which
caused the video capture to deteriorate at night. It also only showed
one angle of the property where the alleged crime was committed;

12. The CCTV presented failed to provide for a positive

identification of the perpetrators of the crime. It also failed to
positively identify that I committed the alleged robbery;

13. The CCTV further shows that the caretaker assigned during the
time of the commission of the crime was sitting on a chair in his
assigned post by the entrance with his arms crossed and head
bowed while the alleged robbery was conducted;

14.The caretaker cannot be considered as a person competent to

testify on the identity of the perpetrators nor authenticate on the
accuracy of the CCTV footage as he had appeared to have fallen
asleep during the time of the commission of the crime and could
not have possibly witnessed it;

15. For the foregoing reasons, I respectfully submit that there is no

prima facie basis to conclude that I committed the crime of the
alleged robbery. The complaint against me should, thus, be
dismissed.

TO THE TRUTH OF THE FOREGOING, I have signed this

Statement on March 16, 2021.

(Sgd.) RUBEN DELA CERNA

Affiant

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 VERIFICATION

Republic of the Philippines )

City of Cebu ) s.s.

I, RUBEN DELA CERNA, after having been duly sworn in

accordance with law, deposes and states that:

1. He is the respondent in the charge for robbery;

2. He has caused the above counter-affidavit to be prepared; and
3. He has read it, and the allegations therein are true and correct of his
own knowledge or based on authentic records.

(Sgd.) RUBEN DELA CERNA

Affiant

SUBSCRIBED AND SWORN TO before me in the City of Cebu on

this 16th day of March 2021, affiant exhibiting before me her community tax
certificate no. 123456 issued on January 7, 2020 at Cebu City.

(Sgd.) Noly Pu
NOTARY PUBLIC

CERTIFICATION

I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED

THE AFFIANT AND AM SATISFIED THAT HE VOLUNTARILY
EXECUTED AND UNDERSTOOD HIS COUNTER-AFFIDAVIT.

(Sgd.) Atty. GGG

Counsel for Respondent

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