Republic of the Philippines

National Prosecution Service

PROVINCIAL PROSECUTION OFFICE
Luna, Apayao

RONNIE M. ABANGON,
MATDA T. ABANGON, ET. AL.
Complainant.
NPS No. II-02-INV-19E-0040

-versus-

SATURNINA ABANGON ANGCA,

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

COUNTER-AFFIDAVIT

I, SATURNINA ABANGON ANGCA, of legal age, Filipino and

resident of Barangay Swan, Pudtol, Apayao, after having duly sworn to
in accordance with law, hereby depose and state:

1. I vehemently and categorically deny the charges and

prevarications leveled against me by Ronnie Abangon, Merlina Abangon
and Popoy Abangon as contained in their Complaint-Affidavit dated 10
May 2018 (Hereinafter referred to as “Complaint-Affidavit”).

2. In the Complaint-Affidavit, Complainants are attempting to make

it appear that I committed the crime of Estafa under Article 315
Paragraph 4, sub paragraph 1(b) of the Revised Penal Code by
misappropriating and converting the amount of (Two Million Three
Hundred Fifty Three Thousand and Five Hundred Eighty Pesos)
P2,353,580 that I allegedly received from Human Rights Claims Board.

3. The Honorable Prosecutor should not be swayed by the

statements and claims made by Complainants as this Counter-Affidavit
will reveal the real motive in filing this frivolous criminal case against
me.

4. First and foremost, It should be stressed that the amounts as

alleged in the Complaint are baseless, without proof and are mere
assertions not supported by proof and evidence. As can be seen in
almost all of the documents submitted by Complainants, there was no
proof that I received the aforesaid amount from the Human Rights
Claims Board in behalf of Rogelio Abangon and Matda T. Marcos. The
only basis for their Complaint-Affidavit is a Resolution dated December
14, 2017, attached to the Complaint-Affidavit as Annex “A”, which states
that I was awarded ten (10) points for the killing of Rogelio Abangon,
father of Complainant Rogelio Abangon.

5. It should be stressed that the aforementioned Resolution is bereft

of any corresponding amount that would substantiate the amount as
stated in the Complaint-Affidavit. Further, said Resolution is not proof
that I received any amount emanating from said Resolution in behalf of
Rogelio Abangon and Matda Marcos.

6. My lawyers discussed to me that I am being charged with Estafa

under Article 315 Paragraph 4 (1-b) of the Revised Penal Code. The
relevant provisions of the Revised Penal Code on estafa
(deceit/swindling) are as follows:

Article 315. Swindling (estafa). — Any person who

shall defraud another by any of the means mentioned
hereinbelow shall be punished by:

1st. The penalty of prision correccional in its

maximum period to prision mayor in its minimum
period, if the amount of the fraud is over 12,000 pesos
but does not exceed 22,000 pesos, and if such amount
exceeds the latter sum, the penalty provided in this
paragraph shall be imposed in its maximum period,
adding one year for each additional 10,000 pesos; but
the total penalty which may be imposed shall not
exceed twenty years. In such case, and in connection
with the accessory penalties which may be imposed
and for the purpose of other the provisions of this
Code, the penalty shall be termed prision mayor or
reclusion temporal, as the case may be.

2nd. The penalty of prision correccional in its

minimum and medium periods, if the amount of the
fraud is over 6,000 pesos but does not exceed 12,000
pesos;
3rd. The penalty of arresto mayor in its maximum
period to prision correccional in its minimum period, if
such amount is over 200 pesos but does not exceed
6,000 pesos; and

4th. By arresto mayor in its medium and maximum

periods, if such amount does not exceed 200 pesos,
provided that in the four cases mentioned, the
fraud be committed by any of the following means:

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1. With unfaithfulness or abuse of confidence, namely:

(a) By altering the substance, quantity, or quality of

anything of value which the offender shall deliver by
virtue of an obligation to do so, even though such
obligation be based on an immoral or illegal
consideration.

(b) By misappropriating or converting, to the

prejudice of another, money, goods, or any other
personal property received by the offender in trust
or on commission, or for administration, or under
any other obligation involving the duty to make
delivery of or to return the same, even though such
obligation be totally or partially guaranteed by a
bond; or by denying having received such money,
goods, or other property.

(c) By taking undue advantage of the signature of the

offended party in blank, and by writing any document
above such signature in blank, to the prejudice of the
offended party or of any third person.

2. By means of any of the following false pretenses or

fraudulent acts executed prior to or simultaneously
with the commission of the fraud:

(a) By using fictitious name, or falsely pretending to

possess power, influence, qualifications, property,
credit, agency, business or imaginary transactions, or
by means of other similar deceits.

(b) By altering the quality, fineness or weight of

anything pertaining to his art or business.

(c) By pretending to have bribed any Government

employee, without prejudice to the action for calumny
which the offended party may deem proper to bring
against the offender. In this case, the offender shall be
punished by the maximum period of the penalty.

(d) By post-dating a check, or issuing a check in

payment of an obligation when the offender had no
funds in the bank, or his funds deposited therein were
not sufficient to cover the amount of check. The failure
of the drawer of the check to deposit the amount
necessary to cover his check within three (3) days

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 from receipt of notice from the bank and/or the payee
or holder that said check has been dishonored for lack
of insufficiency of funds shall be prima facie evidence
of deceit constituting false pretense or fraudulent act.
(As amended by Republic Act No. 4885, approved June
17, 1967.)

(e) By obtaining any food, refreshment or

accommodation at a hotel, inn, restaurant, boarding
house, lodging house, or apartment house and the like
without paying therefor, with intent to defraud the
proprietor or manager thereof, or by obtaining credit
at a hotel, inn, restaurant, boarding house, lodging
house, or apartment house by the use of any false
pretense, or by abandoning or surreptitiously
removing any part of his baggage from a hotel, inn,
restaurant, boarding house, lodging house or
apartment house after obtaining credit, food,
refreshment or accommodation therein without
paying for his food, refreshment or accommodation.
(As amended by Com. Act No. 157.)

3. Through any of the following fraudulent means:

(a) By inducing another, by means of deceit, to sign

any document.

(b) By resorting to some fraudulent practice to insure

success in a gambling game.

(c) By removing, concealing or destroying, in whole or

in part, any court record, office files, document or any
other papers. (emphasis supplied)

X x x.

7. My Lawyers likewise discussed to me that in order for the

charge of Estafa under Paragpraph 4 (1-b) to prosper the
following elements must be present.

“In the case of DIONISIO AW a.k.a. TONY GO vs.

PEOPLE OF THE PHILIPPINES, GR No. 182276,
March 29, 2010, the elements of Estafa were
discussed by the Supreme Court, thus:

Xxx.

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 The elements of Estafa under Article 315, Paragraph
1(B) of the Revised Penal Code are:

(a) that money, goods or other personal property is

received by the offender in trust or on commission, or
for administration, or under any other obligation
involving the duty to make delivery of or to return the
same.

(b) that there be misappropriation or conversion of

such money or property by the offender, or denial on
his part of such receipt

(c) that such misappropriation or conversion or

denial is to the prejudice of another; and

(d) there is demand by the offended party to the

offender.

8. It should be stressed that the first element is not present in this

case. There is no proof that I received any amount from the
Human Rights Claims Board in behalf of Ronnie Abangon and
Matda Marcos. The affidavit of complaint failed to provide any
proof that would substantiate their complaint that I received any
amount in their behalf.

9. As to the second element of Estafa under Article 315, Paragraph

1(B) namely, prejudice and the third element, misappropriation,
the same are also wanting in this case.

10. Considering that I did not receive any amount from the
Human Rights Claims Board in behalf of Ronnie Abangon and
Matda Marcos, there is no damage or prejudice to speak of.

11. Likewise, considering again that I did not receive money in

their behalf, the allegation of misappropriation likewise fails.

12. The essence of Estafa under Article 315, paragraph 1(b) is

the appropriation or conversion of money or property received to
the prejudice of the owner. The words “convert” and
“misappropriate” connote an act of using or disposing of another’s
property as if it were one’s own, or of devoting it to a purpose or
use different from that agreed upon. To misappropriate for one’s
own use includes not only conversion to one’s personal

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 advantage, but also every attempt to dispose of the property of
another without right.

13. It is most respectfully argued, that as to the claim of Ronnie

Abangon and Matda Marcos, all of the three elements of Estafa
under Pargraph 4, 1(b) are not present considering that there is
no proof that I received any money or property in their behalf.

14. However, in order to give light as to the truth, and in the

interest of transparency and sincerity, It is most respectfully
manifested that as to the claim of the other private complainants
namely Merlina Abangon and Popoy Abangon for the death of my
Father Unni Lanag Abangon, I aggregately received the
approximate amount of Eight Thousand Pesos (P 800,000) from
the Human Rights Claims Board for the killing of our father which
I already distributed to my siblings Popoy, Merlina, Albert all
surnamed Abangon and to Ronnie Abangon, the son of my brother
Rogelio.

15. In fact, I already gave to Ronnie Abangon the amount of

One hundred Thousand Pesos (P110,000) in addition to the
Twenty Thousand Pesos ( P20,000) I gave him when he told me
that he again needed money, totaling to ONE HUNDRED THIRTY
THOUSAND PESOS (P 130,000).

16. I likewise already gave to Popoy Abangon the amount of

ONE-HUNDRED FORTY FIVE PESOS (P145,000) for his share of
the cash money and groceries. I also already gave to Albert
Abangon as his share ONE-HUNDRED SIXTY THOUSAND PESOS
( P 160,000) and to Merlina Abangon the amount of Eighty Five
Thousand Pesos ( P85,000).

17. I likewise spent a total of ONE-HUNDRED THOUSAND

PESOS (P100,000) for the thanksgiving ceremonies in line with
our native customs and tradition in which my siblings along with
Ronnie Abangon graciously took part in.

18. I also rewarded myself One-Hundred Fifty Thousand

Pesos (P150,000) as my share for the cash money and for my
efforts. I likewise donated to our local church the amount of

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 Thirty Thousand Pesos (P 30,000) for thanksgiving and charity
purposes.

19. It is manifested to the Honorable Investigating Prosecutor

that there was no deceit or damage to the private complainants as
all of my siblings, including Ronnie Abangon benefited from the
cash award of the Human Rights Claims Board for the death of my
father.

20. In fact, a Joint Agreement was signed before the Office of the
Punong Barangay (Barangay Swan), to evidence the receipt of
Ronnie Abangon and Popoy Abangon the amount of One-Hundred
Thousand Pesos ( P100,000) each on January 2019 before Punong
Barangay Oscar Villanueva Jr. A copy of the Joint agreement is
hereto attached as Annex “1”.

21. It is likewise manifested to the Honorable Prosecutor that

during the course of processing my claim in the Human Rights
Claims Board, I incurred expenses in the amount of more than
Five-Hundred Thousand Pesos ( P500,000) for processing,
transportation, attorney’s fees, lodging, food and other expenses
since the year 2014. Not to mention the amount of effort I exerted
just to have the claim approved by the Human Rights Claims
Board which cannot be quantified in terms of money.

22. Because of the obvious ungratefulness of my siblings and

Ronnie Abangon of my efforts, and considering that they did not
contribute a single centavo in processing the claim for the killing
of my father Unni Lanag Abangon, I now intend to collect from
them the amounts I spent for the approval of the claim for
reimbursement and also for my efforts and hardship in processing
the claim which I shall lodge in a separate complaint against them.

23. It is most respectfully intimated to the Honorable

Investigating Prosecutor that the Human Rights Claims Board
already closed its operations last 2018 leaving me in deficit as to
the expenses I incurred in processing the claim for the death of
my father.

24. I was hoping to recover at least a portion of the expenses I

incurred on the supposed succeeding awards by the Human

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 Rights Claims Board but the same is already hopeless because I
was told that the Human Rights Claims Board already closed its
operations because the funds were already depleted.

25. Thus, I am now intent to recover the entire amount of the

expenses from my siblings and Ronnie Abangon which I incurred
for the processing our claim in the Human Rights Claims Board. I
am likewise intent to file the necessary civil cases for
reimbursement and payment for my efforts.

26. All told, The dismissal of the instant complaint is thus proper
as the elements of misappropriation, deceit and damage necessary to
sustain a case for Estafa are all wanting in this case.

IN WITNESS WHEREOF, I have hereunto affixed our signature this

____________________________________________________________ in Luna, Apayao.

SATURNINA ABANGON ANGCA

Affiant

SUBSCRIBED and SWORN to before me this ___________________ in Luna,

Apayao; and I hereby certify that I have personally examined the affiant
and that I am satisfied she understood the allegations in her Counter-
Affidavit and that they voluntarily executed the same.

Asst. Provincial Prosecutor

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