Republic of the Philippines

DEPARTMENT OF JUSTICE
National Prosecution Service
PROVINCIAL PROSECUTION OFFICE
AGUSAN DEL NORTE
Hall of Justice
Libertad, Butuan City

_________

COUNTER-AFFIDAVIT OF RESPONDENT ROBERT RAYOS

I, ___________, Filipino, of legal age and a resident of Purok Bougainvilla,

Brgy. 4, Nasipit, Agusan del Norte, do hereby depose and say:

SPECIFIC DENIAL

1. That I specifically DENY the allegation contained in paragraphs 2, 3,

and 4 of the Complaint-Affidavit of the herein complainant subject to

affirmative defenses.

BACKGROUND OF THE CASE and its ALLEGATIONS

2. I was accused by the herein complainant of committing “GRAVE

ORAL DEFAMATION”
3. It was alleged that on or about February 3, 2015 at around 7:30 in

the evening, more or less, complainant went to the Police Station of

Nasipit to complain the strong foul odor of chemical substance and

burned rubber plastics and cellophanes allegedly originated from our

house. Accompanied by Policemen, complainant alleged that I used

cellophanes and plastics to ignite fire when cooking.

4. Complainant also alleged that after the Policemen went to our house,

I suddenly went out from my house and shouted “Putang ina mo!

Buang Ka! Abnormal ka!Naug diha kay magtinigbasay Ta! (You’re

mother is a whore!you crazy!Abnormal!Get down and let’s hack each

other!)

5. That as a result of that allegedly defamatory words, complainant felt

embarrassed which caused her mental anxiety, public humiliation

and stress.

6. That shouting those malicious and defamatory words in front of her

family debased her dignity as a person.

Hence this case.

DISCUSSIONS and AFFIRMATIVE DEFENSES

7. That I vehemently deny the allegation that I made those allegedly

defamatory remarks.
8. That the said accusations were just a product of malicious

prosecution and harassment considering that she already have

previous grudges against me and considering also that I already filed

a complaint to our Barangay against her.

Attached herewith are certified copies of summons as annexes “1, 2

and 3” showing that I filed a complaint against here before our

Barangay.

9. It will be remembered that the herein complainant filed numerous

complaints in our Barangay regarding the circumstances of our dirty

kitchen (“abohan”); That our dirty kitchen produced so much smoke

that irritates her; That our domesticated chicken produce so much

noise every morning. That our domesticated pigs produce foul odors

etc.

10. The truth of the matter is that, I did not made those allegedly

defamatory words. I just said to her that

“Nganung sige man ko nimo ing.anion? Unsa man sala

namo sa imo?

Which then resulted to our altercation.

11. I admit that my voice in saying those remarks was somewhat high.
 I think it’s normal to be annoyed considering the harassment that she

did to me in filing numerous complaints in our Barangay. We are

only poor and we cannot afford to buy a Liquified Petroleum Gas

(LPG) in cooking our meals. We only used fire woods, hence, its pretty

normal that it will produce smokes.

12. Moreover, assuming that I allegedly said those statements, the same

could not be considered defamatory. There was no malicious intent to

utter those words as those were just a result of uncontrollable

passion. I have no intent to defame the herein complainant. Those

remarks, assuming if I said it, were just a product of irritation and

annoyance to her considering the harassment that she did to me.

To validate that I did not say any defamatory statements, I herein

attached the joint-affidavit of ___________ as ANNEX “4”. They were

the one who witnessed our altercation with the herein complainant.

13. Based on the foregoing, I conclude that complainant merely filed the

abovementioned case just to harass me considering her previous

grudges against me.

14. This malicious imputation of crimes does not only humiliate and

damage my reputation but also caused me, sleepless nights, mental

anguish, fright, serious anxiety, and moral shock as well as financial

disturbance.
 15. Hence, I respectfully pray that this case filed against me be

immediately dismiss for lack of basis and for the fact that these were

only filed to harass me and to pre-empt any case that I may file

against her.

16. I am executing this counter-affidavit in good faith to attest to the

truth of the foregoing facts and to pray that the Honorable Office of

the Provincial Prosecutor will dismiss the above-mentioned charge.

IN WITNESS HEREOF, I hereunto set my hand this ____ of June,

2015 in Butuan City.

________
Affiant

SUBSCRIBED and SWORN to before me this ____ of June 2015 at Butuan

City, Philippines. Affiant exhibiting to me her Valid I.D _________________.

I hereby certify that affiant have read and understood the contents of her
Joint Counter-Affidavit and that I am convinced that she voluntarily and willfully
executed the same.

Doc. No. ___;

Page No. ___;
Book no. ___;
Series of 2015.
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