Republic of the Philippines

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE PROVINCIAL PROSECUTOR
Province of Surigao del Norte
Surigao City

GEMMA D. AVILA NPS No. XIII-06-INV-22G-

Complainant, 143

FOR:
-versus- Slander

MIRASOL D. CABREDAS,
Respondent.
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COUNTER AFFIDAVIT

RESPONDENT, through the Public Attorney’s Office, by the

undersigned counsel, unto this Honorable Office, most respectfully
submits his counter-affidavit and in support thereof avers THAT:

1. The Respondent, MIRASOL D. CABRIDAS, 46 years old,

Filipino citizen, married, and a resident of Purok 7,
Barangay San Pedro, Sison, Surigao del Norte;

2. The Respondent, received the Subpoena indicating the

aforesaid case, on July 21, 2022 and was ordered to
submit counter-affidavit within ten (10) days from receipt
of the Subpoena;

3. Well within the prescribed period to submit, herein

Respondent vehemently denies the accusations of
SLANDER against her;

4. First. If indeed there were words uttered by the

Respondent that hurt the said Complainant, the same is
felt by the Respondent for the unpleasant words the

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 Complainant have spoken and of her hostile actions
against herein Respondent;

5. During the said incident, the Complainant have showed

hostile actions and uttered the following statements
against the Respondent:

5.1. “Nasuko siya iya kong gitudlo-tudlo giing-nan ko niya

mobalik rako.” (In anger she’s pointing her finger
towards me and said, I will be back.)

5.2. Gikamay ko niya giingnan ko nga, “dali naug diri sa

kalsada kay imod-mod ta ka diri sa kalsada”. (She
was waving her hands asking me to come over so she
could shove my head against the road.)

5.3. Iya ko gitudlo-tudlo og iya kong gisinggit-singgitan

nga, “patay gutom”. (While pointing finger in anger
towards me, she was shouting, “patay gutom”.)

5.4. Giingnan pako niya nga “ingon ang mga silingan

ginamos ray sud-an”. Diin akoa siyang gitubag, “Di
bali og ginamos ra ang akong sud-an, ang importante
dili kinawat”. (She told me that our neighbors said, im
having “salted fish” as viand. Of which I also replied,
the important thing is, it was not stolen.)

6. Attached herewith is a statement of witness, Magdalena C.

Añora hereinafter marked as Annex “A”;

7. Following the principle of equity that states, “he who

comes to court to demand equity must come with
clean hands”, bars the granting of herein complainant of
the remedy she is seeking for.

8. Second. Notwithstanding the issuance of Certificate to File

Action from the Office of the Lupong Tagapamayapa duly
signed by the Punong Barangay, herein Respondent
vigorously denies the truthfulness of such certification;

9. Respondent denies that she was given the opportunity to

confront herein Complainant before the Punong Barangay
nor to the Pangkat ng Tagapagsundo for purposes of

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 mediation of the aforesaid case contrary to the stated
stipulations in the aforesaid Certification;

10. Respondent denies receipt of summons from the Office

of the Lupong Tagapamayapa/ Punong Barangay
pertinent to the settlement of said case, and was just
surprised to receive the Subpoena from the Honorable
Office of the Provincial Prosecutor;

11. Whether by mere inadvertence or for whatever reason,

Section 412 of R.A. 7160 requires, when applicable,
prior resort to barangay conciliation proceedings as a
pre-condition for the filing of a complaint in court;

12. In relation thereto, Section 415 of R.A. 7610 holds that

the parties must personally appear in said
proceedings, without the assistance of counsel or any
representative;

13. Thus, the attached document, dated June 27, 2022,

purported to be coming from the persons who were
allegedly victims of scandalmonger -referring to the
Respondent, also suffers the same infirmity as regards
to the aforesaid pre-condition, the barangay
conciliation. Hence, must not be given weight.

14. Also, SC Circular No. 14-93, July 15, 1993 enjoins all
the Courts for the strict observance of the Katarungang
Pambarangay. The same must be observe by this
Honorable Office of the Provincial Prosecutor;

15. Considering that the case of SLANDER is a case that

falls in under Katarungang Pambarangay, and a
barangay conciliation proceeding is a pre-condition for
the filing of herein complaint, this representation
believes that the dismissal of said complaint is proper
for failure to comply with the pre-condition, thus
prematurely filed.

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 IN WITNESS WHEREOF, I hereby sign this Counter-Affidavit
with prayer for dismissal and for other equitable reliefs.

July 29, 2022, Surigao City, Philippines.

MIRASOL D. CABRIDAS
Affiant
VIN: 6722-0011A-H1275MDC20000

SUBSCRIBED AND SWORN to before me in the date and

place above written, I HEREBY CERTIFY that I have personally
examined the Affiant, that he/she has read and understood his/
her Counter-Affidavit; that the allegations therein are true and
correct to his/her own personal knowledge and belief; and that I
am satisfied that he/ she voluntarily executed the same.

ATTY. GERAMER V. DURATO

Public Attorney I
Pursuant to RA 9406

Copy Furnished:

GEMMA D. AVILA
Complainant
P7 Brgy. San Pedro Sison,
Surigao del Norte
(by registered mail
due to distance and lack of
personnel to effect personal service)

JESSE REY M. SILVOSA

PROVINCIAL PROSECUTOR
(by Personal Service)

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