Republic of the Philippines

Department of Justice
Province of Sultan Kudarat
PROVINCIAL PROSECUTION OFFICE
Isulan, Sultan Kudarat

THE PEOPLE OF THE PHILIPPINES, NPS DOC. NO. XII-09-

Plaintiff, INV-21J-00568

-versus- -for-

CAROLINE MAGTULIS ADULTERY

BANGCAYA and JEFFREY P.
MORATO,
Respondents.
x---------------------------------------------x

COUNTER-AFFIDAVIT

I, CAROLYN M. BANGCAYA, of legal age, married, Filipino

and resident of Salumping, Esperanza, Sultan Kudarat, duly sworn to
in accordance with law, hereby depose and state;

1. That, I am one of the respondents in NPS DOC. NO. XII-09-

INV-21J-00568 for Adultery;

2. At the onset, respondent vehemently and categorically DENY

all the accusations against her for being completely FALSE,
UNFOUNDED and BASELESS. The true narration of facts are
as follows;

a. That, I and the private complainant, Jerlie Cabagsang

Bangcaya, were married with each other, however, this May
2021, an unfortunate event happened which led to our
separation in bed and in board;

b. During our cohabitation, Jerlie and I always were always

having a fight due to his obsession in liquor which makes
him mad. He always beat my two (2) minor children and
forced them to go to farm for work. The incident sometime
in May 2021, which he strongly beaten my two (2) children
 in front of many people while in the influence of liquor
made me realized that I have to protect my self and children
once and for all. Because of the incident, I decided to
separate from him and we agreed to settle our dispute before
the Office of the Lupong Tagapamayapa of Barangay
Salumping, Esperanza, Sultan Kudarat. There, we agreed to
settle our properties and bind ourselves to faithfully comply
the terms. Attached is the copy of the Amicable Settlement
marked as Annex “1” and “1-A”;

c. That, after the settlement before the Lupon of Brgy.

Salumping, I and Jerlie were no longer share the same bed
and board. Although he is going in our house to visit our
children;

d. That, the alleged incident on September 20, 2021 is a

complete lie and a malicious complaint trying to mislead the
authorities to force me to rekindle our broken relationship.
The truth of the matter is that I am not in any relationship
with any man more so with a married man. The allegation of
the private complainant that I have a relationship with
Jeffrey Morato is a complete lie. He is just a friend. In fact,
the time when Jeffrey and our friends came in our house is
not September 20, 2021 but September 24, 2021. He was there
at our house with our friends as they were drinking liquor
and singing in a karaoke, which I have for a business. He is
not in any way living in our house as he has a wife and a
family of his own. The malicious photos attached to the
Judicial Affidavit Complaint of the private complainant do
not in any way prove that such gesture was a lascivious act.
In fact, it is so malicious because the photos were cropped to
justify his claim that I have a relationship with Jeffrey. It is
clear that there is someone beside Jeffrey who wears a green
shirt but to prove his malicious and evil allegations, he will
do everything to appear that his claim is true. Copy of a
picture to prove that there were some friends with us is
marked as Annex “1”;

e. That, moreover, his claim that he went to our house and I

ousted him is also a lie. He did not go there during that time;
 3. That, all of the allegations in the complaint were all fabricated,
unfounded and baseless;

4. That, it is unfair and unjust when we, Carolyn M. Bangcaya and

Jeffrey Morato, will be charged of a crime we never committed
nor we thought of committing;

5. That, moreover,  the following elements for the crime of

adultery are the following:

1) that the woman is married;

2) that she has sexual intercourse with a man not
her husband; and
3) that as regards the man with whom she has
sexual intercourse, he must know her to be
married (Luis B. Reyes, The Revised Penal
Code, Book Two (14th Edition), page 841).

6. That, in the instant case, the records would reveal that there
was no allegations in the Judicial Affidavit Complainant that
there was a sexual intercourse happened between the
respondents. The private complainant only attached malicious
cropped-photos that are not in any way prove lascivious acts, in
the very least.

7. That, to add, it has been held by the Supreme Court in a long

line of cases that the role and object of preliminary
investigation were "to secure the innocent against hasty,
malicious, and oppressive prosecutions, and to protect him
from open and public accusation of crime, from the trouble,
expenses and anxiety of a public trial, and also to protect the
State from useless and expensive prosecutions."

8. Thus, I hereby execute this Counter-Affidavit to attest to the

truth of the foregoing facts and circumstances, and to pray for
the outright DISMISSAL of this case.

IN WITNESS WHEREOF, I have hereunto set my hand this 05th

day of November 2021 at Isulan, Sultan Kudarat, Philippines.
 CAROLYN M. BANGCAYA
Affiant

SUBSCRIBED AND SWORN to before me this 05th day of

November 2021 at Isulan, Sultan Kudarat, Philippines. I HEREBY
CERTIFY that I have personally examined the herein affiant and that
I am fully satisfied that he voluntarily executed and understood his
affidavit.

BAI ALEFHA HANNAH M. MUSA-ABUBACAR

Public Attorney II
Pursuant to RA 9406

RE-SUBSCRIBED AND SWORN to before me this day

of November 2021 at Isulan, Sultan Kudarat, Philippines. I HEREBY
CERTIFY that I have personally examined the herein affiant and that
I am fully satisfied that he voluntarily executed and understood his
affidavit.
 Republic of the Philippines
Department of Justice
Province of Sultan Kudarat
PROVINCIAL PROSECUTION OFFICE
Isulan, Sultan Kudarat

THE PEOPLE OF THE PHILIPPINES, NPS DOC. NO. XII-09-

Plaintiff, INV-21J-00568

-versus- -for-

CAROLINE MAGTULIS ADULTERY

BANGCAYA and JEFFREY P.
MORATO,
Respondents.
x---------------------------------------------x

COUNTER-AFFIDAVIT

I, JEFFREY P. MORATO, of legal age, married, Filipino and

resident of Salumping, Esperanza, Sultan Kudarat, duly sworn to in
accordance with law, hereby depose and state;

9. That, I am one of the respondents in NPS DOC. NO. XII-09-

INV-21J-00568 for Adultery;

10.At the onset, respondent vehemently and categorically DENY

all the accusations against her for being completely FALSE,
UNFOUNDED and BASELESS. The true narration of facts are
as follows;

f. That, I and Carolyn M. Bangcaya reside in the same

barangay, Brgy. Salumping, Esperanza, Sultan Kudarat. We
are friends and nothing more than that. I have a wife and
family of my own;

g. That, the alleged incident on September 20, 2021 is a

complete lie and a malicious complaint trying to mislead the
authorities to force Carolyn M. Bangcaya to rekindle their
broken relationship. In fact, the time when I and our friends
came in Carolyn M. Bangcaya’s house is not September 20,
 2021 but September 24, 2021. I was there at her house with
our friends as we were drinking liquor and singing in a
karaoke, which Carolyn has as a business. I am not in any
way living in her house as I have a wife and a family of my
his own. The malicious photos attached to the Judicial
Affidavit Complaint of the private complainant do not in
any way prove that such gesture was a lascivious act. In fact,
it is so malicious because the photos were cropped to justify
his claim that I have a relationship with Jeffrey. It is clear
that there is someone beside me who wears a green shirt but
to prove his malicious and evil allegations, he will do
everything to appear that his claim is true. Copy of a picture
to prove that there were some friends with us is marked as
Annex “1”;

h. That, moreover, his claim that he went to Carolyn’s house

and the latter ousted him is also a lie. He did not go there
during that time;

11.That, all of the allegations in the complaint were all fabricated,

unfounded and baseless;

12.That, it is unfair and unjust when we, Jeffrey Morato and

Carolyn M. Bangcaya, will be charged of a crime we never
committed nor we thought of committing;

13.That, moreover,  the following elements for the crime of

adultery are the following:

4) that the woman is married;

5) that she has sexual intercourse with a man not
her husband; and
6) that as regards the man with whom she has
sexual intercourse, he must know her to be
married (Luis B. Reyes, The Revised Penal
Code, Book Two (14th Edition), page 841).

14.That, in the instant case, the records would reveal that there
was no allegations in the Judicial Affidavit Complainant that
there was a sexual intercourse happened between the
respondents. The private complainant only attached malicious
 cropped-photos that are not in any way prove lascivious acts, in
the very least.

15.That, to add, it has been held by the Supreme Court in a long

line of cases that the role and object of preliminary
investigation were "to secure the innocent against hasty,
malicious, and oppressive prosecutions, and to protect him
from open and public accusation of crime, from the trouble,
expenses and anxiety of a public trial, and also to protect the
State from useless and expensive prosecutions."

16.Thus, I hereby execute this Counter-Affidavit to attest to the

truth of the foregoing facts and circumstances, and to pray for
the outright DISMISSAL of this case.

IN WITNESS WHEREOF, I have hereunto set my hand this 05th

day of November 2021 at Isulan, Sultan Kudarat, Philippines.

JEFFREY P. MORATO
Affiant
VIN: 6503-0114B-A2785JPM10000

SUBSCRIBED AND SWORN to before me this 05th day of

November 2021 at Isulan, Sultan Kudarat, Philippines. I HEREBY
CERTIFY that I have personally examined the herein affiant and that
I am fully satisfied that he voluntarily executed and understood his
affidavit.

BAI ALEFHA HANNAH M. MUSA-ABUBACAR

Public Attorney II
Pursuant to RA 9406

RE-SUBSCRIBED AND SWORN to before me this day

of November 2021 at Isulan, Sultan Kudarat, Philippines. I HEREBY
CERTIFY that I have personally examined the herein affiant and that
I am fully satisfied that he voluntarily executed and understood his
affidavit.