Republic of the Philippine

Department of Justice
OFFICE OF THE PROVINCIAL PROSECUTOR
Province of Nueva Ecija
Cabanatuan City
-oo0oo-

JUAN DELA CRUZ,

Complainant, CRIM. CASE NO. 143-NN
FOR: Violation of BP 22
-versus-

JUANA DELA CRUZ,

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

COUNTER - AFFIDAVIT
I, JUANA DELA CRUZ, of legal age, single, Filipino, and a resident of of
#333 Sa Gilid Lang St., Cabanatuan City, Nueva Ecija under oath, depose
and state that:

1. I am the respondent in Criminal Case for Violation of B.P. 22 docketed

as Criminal Case No. 143-NN filed before the Office of the Provincial
Prosecutor, Cabanatuan City, Nueva Ecija;

2. I am executing this Counter-Affidavit as a reply and comment to the

AFFIDAVIT-COMPLAINT executed by JUAN DELA CRUZ in
relation with the alleged violation of B.P. 22 under the Revised Penal
Code;

3. I specifically deny the allegations of Mr. Juan Dela Cruz in paragraph

6 of his complaint-affidavit , as I have not received any notice that the
check issued to the complainant was dishonored on the ground of
Account Closed, by the drawee bank;

4. I strongly deny the allegations in Paragraph 8 of the complaint-

affidavit as it is a mere allegation without proof to stand for it. For one,
intention to defraud is not an element of BP 22;

5. I categorically deny having committed any violation under B.P. 22 or

ESTAFA under Art. 315 of the Revised Penal Code;

6. In my defense, I was not given an opportunity to satisfy the amount

indicated in the check and thus avert prosecution. Without proof of
notice of dishonor, knowledge of insufficiency of funds cannot be
presumed and no crime can be deemed to exist. I deny having received
 any demand letter from the complainant, as a matter of fact, I was
surprised to have received this complaint-affidavit;

CAMPOS vs PEOPLE OF THE PHILIPPINES, G.R. No. 187401,

September 17, 2014 “ The Court has in truth repeatedly held that the
mere presentation of registry return receipts that cover registered mail
was not sufficient to establish that written notices of dishonor had been
sent to or served on issuers of checks.1”

7. The instant criminal complaint is a malicious, baseless, felonious,

unfounded and unjust fabrication by the Complainant intended to
harass me succumb to his demand for the payment interest over the
amount subject of the loan to which no agreement was ever made to
that effect;

8. The accusations against me are clearly fabricated as it can be clearly

seen from the documents presented as evidence and the inconsistencies
in the complaint-affidavit of the complainant to wit:
a. In par.g of the complaint affidavit, it was alleged that a DEMAND
LETTER was received by me, however, there was nowhere to be
found in the said demand letter showing the fact of receipt, neither was
any registry receipt attached therein, and

9. I shall file a counter charge for PERJURY against the complainant for
false and malicious accusations he has instigated against me, reserving
my right to institute a separate Civil action relative hereto;

10. From the foregoing, it is clear that a case for B.P. 22 cannot prosper.
As such, Respondent, respectfully prays that this instant case be
dismissed for utter lack of basis, also praying for other just and
equitable reliefs.

IN WINESS WHEREOF, I have hereunto set my hand this ___ day of

February 2022 in ____________________, Philippines.

(SGD)
JUANA DELA CRUZ
Affiant

SUBSCRIBE AND SWORN to before me this ___ day of January 2022, in

_______________, Philippines and I FURTHER CERTIFY that I have
personally examined the affiant and I am satisfied that he has read and
personally understood the contents of her forgoing “Counter Affidavit”.