DEPARTMENT OF JUSTICE

NATIONAL CAPITAL REGION

OFFICE OF THE CITY PROSECUTOR
MAKATI CITY

Nicholas S. Guiliano
(Authorized Representative of
Philam Savings Bank)
Complainant

NPS DOCKET NO.09121620

For: Estafa through Falsification
and Forgery

-versus-

Frank William Abagnale, Jr.,

Respondent.
x-------------------------------------x

COUNTER – AFFIDAVIT

I, Frank William Abagnale, Jr., of legal age, single, Filipino, and a

resident of 26/F Pacific Star Building Sen. Gil Puyat Ave. cor. Makati Ave.
Makati City, Philippines, after having been duly sworn to according to law
hereby depose and say THAT:

1. I am the Respondent in the instant case for Estafa through

Falsification and Forgery filed for by a certain Nicholas S. Guiliano,
the General Manager of Philam Savings Bank, Makati Branch,
Paseo de Roxas, Legazpi Village, Makati City.

2. First and foremost, I am to emphasize that the crimes I am being

accused of having committed was when I was still a minor.

3. Sometime in the late 2016, my parents Frank William Abagnale, Sr.

and Paulette Abagnale decided to get an annulment and from
thereon, I have become a troubled child as it was difficult to accept
that my parents, after being together for most of my life has decided
to end their relationship. I was lost and confused as to whom I
should live. The incessant statements of the Social Worker
demanding I write the name of who among my parents I would
 choose to live with added to the confusion and brought a burden on
my young mind.1

4. Undeniably, a lad must earn his keep to continue living and that is
how I came to encash the checks enumerated in Paragraph 3 of the
Complaint from the months of January to June of 2019; all under the
name of Frank Taylor, co-pilot of Pan American Airline (hereafter
referred to as “PanAm”).

5. During the time I spent away from DSWD custody and of my

parents, I stayed most of the time in hotels helping other people I
meet. In fact, I have met a lot of people along the broad spectrum of
good and bad but I, on the other hand, opted not to perform activities
that would be detrimental to my person. I did not indulge myself in
consuming all of the money on my hand. In fact, I was able to help
other people since this is the only way I had the freedom and the
capacity to do it. Marty Raven, is one of the individuals who could
attest how I was so immersed in helping other people.2

6. At one instance, I came to a point that I am now willing to surrender

myself. I called Carl Hanratty, an NBI agent, on December 25,
2017, I asked him to come over to my hotel room and I would gladly
surrender myself to the authorities by giving him my exact location.
But I only received insult as a response from Mr. Hanratty, even
further citing that “You called me on Christmas Day because you
have no one else to call!”3

7. At the onset, I, the Respondent admits Paragraphs 6, 9, 10, and 11 of

the Complaint in so much as it relates to jurisprudence and applicable
laws on the above case; however, nowhere in the complaint was a
mention or cross reference to Section 3, Article 12 of the Revised
Penal Code, as amended by R.A. No. 9344 4 which I believe is
applicable in my case:

Article 3, Section 12 of the Revised Penal Code:

“xxx

3. A person over nine years of age and under fifteen, unless

he has acted with discernment, in which case, such minor
shall be proceeded against in accordance with the
provisions of Article 80 of this Code.

1
A copy of Judicial Affidavit Executed by Mr. Louis Bravo, DSWD Social Worker is hereto attached and
marked as “Annex 1”.
2
A copy of Judicial Affidavit Executed by Mr. Marty Raven is hereto attached and marked as “Annex 2”.
3
A copy of Judicial Affidavit Executed by Mr. Carl Hanratty, NBI Agent is hereto attached and marked as
“Annex 3”.
4
Republic Act No. 9344 or the “Juvenile Justice and Welfare Act of 2006.”
 When such minor is adjudged to be criminally
irresponsible, the court, in conformity with the provision
of this and the preceding paragraph, shall commit him to
the care and custody of his family who shall be charged
with his surveillance and education; otherwise, he shall
be committed to the care of some institution or person
mentioned in Article 80.”

Section 6, R.A. No. 9344:

“Sec. 6. Minimum Age of Criminal Responsibility. - A

child fifteen (15) years of age or under at the time of the
commission of the offense shall be exempt from criminal
liability. However, the child shall be subjected to an
intervention program pursuant to Section 20 of this Act.

A child above fifteen (15) years but below eighteen (18)

years of age shall likewise be exempt from criminal
liability and be subjected to an intervention program,
unless he/she has acted with discernment, in which case,
such child shall be subjected to the appropriate
proceedings in accordance with this Act.

The exemption from criminal liability herein established

does not include exemption from civil liability, which
shall be enforced in accordance with existing laws.”

8. However, I am vehemently denying paragraph 7 of the complaint

and will reserve my rights. In the case of Land Bank of The
Philippines, v. Narciso L. Kho5, the Supreme Court ruled that:

“After all it [investigation] was not conducted by an

independent party but by a party-litigant. We cannot expect the
report to yield a completely impartial result. At best, the
investigation report will be of doubtful probative value.”

9. Moreover, I am vehemently denying Paragraphs 12 and 13 of the

complaint and will reserve my rights.

10. I cannot be held responsible and liable to answer for the Bank’s
failure to implement security measures that would prevent such
encashment in a normal business day and for the bank officers’
failure to employ the necessary diligence required to prevent such
incidents from happening.

5
Land Bank of the Philippines, Petitioner, v. Narciso L. Kho, Respondent., G.R. No. 205839, July 07, 2016
 11. I am executing this Counter-Affidavit to attest to the truth of the
foregoing. Further, I am executing this Counter-Affidavit to refute
the Complaint filed against me, and to move for a positive
declaration or finding by the Honorable Prosecution that there exists
no probable cause against me.

AFFIANT FURTHER SAYETH NAUGHT.

FRANK WILLIAM ABAGNALE JR.

Affiant

SUBSCRIBED AND SWORN TO before me this 5th day of March

2021 at the City of Makati, Philippines.

CERTIFICATION

I hereby certify that I have personally examined the affiant Frank

William Abagnale, Jr. and acknowledged to me that the same is his
voluntary act and deed.

MARIAN C. SARTE
Assistant City Prosecutor