Republic of the Philippines

COMMISSION ON HUMAN RIGHTS

Regional Office XII
Koronadal City, South Cotabato

DONNA TIWANAC HASSAN

Compalinant, Case No.: CHR-XII-2021-0137
FOR: Violation of RA 9262
-VS

PSSGT. JALJESS DELATINA

HASSAN
Respondent.
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COUNTER AFFIDAVIT

I, PSSGT. JALJESS DELATINA HASSAN, Filipino, of legal age, married, and

a resident of Phase 5, Block 4, Lot 20, Doña Soledad Subdivision, Barangay Labangal,
General Santos City after having duly sworn to in accordance with, do hereby depose and
say, THAT:

1. I am the respondent of the above entitled case docketed as CASE NO.

CHR-XII-2021-0137 for alleged violation of Republic Act No. 9262 filed by
Complainant DONNA TIWANAC HASSAN;

2. First and foremost, on procedural matters, respondent assails the

jurisdiction of the Commission on Human Rights to take cognizance of this instant case
in view of the glaring fact that this case is plainly a marital problem which can only be
resolved by the spouses without necessarily the intervention of this Honorable
Commission. Based on the complaint, there is no showing of abuse of authority as a
police officer by respondent upon his estranged wife and daughter;

3. Even assuming that there is indeed a violation of Republic Act No. 9262, as
alleged, still the Commission on Human Rights has no jurisdiction to resolve this case
and determine the presence or absence of probable cause. As iterated in the preceding
paragraph, there is no commission by the respondent of abuse of his authority as a police
officer against any civilian. Therefore, the only appropriate action or remedy to be taken
by this Honorable Commission is to dismiss the complaint for lack of jurisdiction;

4. On substantive matter, respondent admits the fact that complainant

DONNA TIWANAG HASSAN is his lawfully wedded wife and RIZZA JADE T.
HASSAN is his daughter. But respondent vehemently deny that he committed a violation
of the Republic Act No. 9262 otherwise known as Violence Against Women and
Children’s Act of 2004 against his wife or daughter, on the following reasons:

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 A. THERE IS NO PROOF OF PHYSICAL ABUSE.

5. The allegation of complainant in paragraph 13 of her Complaint Affidavit

that in 2015 respondent strangulated her is vehemently denied. Basic is the rule that
allegation is not proof;

B. THERE IS NO PROOF OF ECONOMIC ABUSE.

6. Respondent has consistently been a good provider to his family from the
commencement of their marital union until the present. Again, basic is the rule that
allegation is not proof;

7. On the contrary, respondent can prove the fact, by evidence, that he is not
reneged of his obligation to financially support his daughter despite his estranged marital
relationship with the complainant;

8. Despite his meager earnings from his salary (photocopy of the pay slip is
hereto attached and marked hereof as ANNEX “1”), respondent managed to financially
support his family by sending them portion of his take home pay every quencena or
payday (photocopies of PALAWAN EXPRESS PERA PADALA SEND MONEY
FORM are hereto attached and marked as ANNEXES “2” to “2-M”;

9. Moreover, it is, as a matter of fact, the respondent who shouldered the

tuition fee of their daughter RIZZA JADE T. HASSAN (screenshot of the messenger
conversation between RIZZA and Respondent dated July 29 is hereto attached and
marked as ANNEX “3”;

C. THE RESPONDENT HAS NOT

COMMITTED ANY ACT CONSTITUTING
PSYCHOLOGICAL VIOLENCE.

10. Respondent has been very gentleman in treating his estranged wife who is
the complainant in this instant case. In the series of conversation between him and his
wife DONNA, he never did bad mouth, insult, or threatens her. Screen shots of the
messenger conversation are hereto attached and marked as ANNEXES “4” to “4-B”;

11. Neither did he commit any act that would cause fear upon his wife and
daughter. As a matter of fact, respondent and his daughter RIZZA JADE T. HASSAN
were in constant and intimate communication through messenger. Screenshots of the
messenger conversation between respondent and RIZZA are hereto attached and marked
as ANNEXES “5” to “5-F”;

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 12. From the tenor of the aforesaid messenger conversations between
respondent and his estranged wife, the latter obviously wants to win respondent’s heart
back. But respondent just gentlemanly declined. The same is true with the messenger
conversation between respondent and his daughter; nothing in their exchanges could be
surmised as an indication of trauma, fear, and feeling of animosity by a daughter to her
father;

13. Based on the circumstances, the complaint failed to establish the elements
of crime and is standing on a quicksand. It is contrary to ordinary human experience that
a victim of violence would communicate and exchange endearing and intimate words to
his/her offender. Hence, there is clearly no harassment that would constitute
psychological violence.

THE ISSUE IS PLAINLY A MARITAL CONFLICT.

14. Nothing in the complaint or in the messenger conversations that there are
commission violent acts by respondent. What is glaring, though, is the fact respondent
became cold to his wife;

15. Respondent would have wanted to keep their personal marital issues
between and among their family in order to protect their daughter. However, complainant
is already desperate and seemingly out of order;

16. Hence, respondent will be compelled to defend himself and bring their
personal marital issues out in the open. Respondent would want this Honorable
Commission to know that the very reason why respondent fell out of love to his estranged
spouse is because of her infidelity;

17. In paragraph 15 of the Affidavit of Complaint, complainant alleged that in

2017 respondent did not go home for three (months) to which respondent admit. In
paragraph 16, complainant also alleged that during that period she was two (2) months
pregnant. This particular allegation is also admitted by the respondent. As a matter of
fact, when respondent learned the story from the mouth of the complainant he was
astonished and in disbelief how on earth would complainant get pregnant for two (2)
months without him having sexual congress with her for the past three (3) months;

18. As such, respondent was so furious and firmly decided to put an end their
marital relationship for good, but respondent has never reneged his obligation to support
his daughter morally and financially until this very moment;

19. With all the foregoing, respondent pray that this Honorable Commission
dismiss the complaint.

I am executing this affidavit to attest to the truth of the foregoing facts for all legal
intents and purposes.   

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 PSSGT. JALJESS DELATINA HASSAN
      Affiant                      

SUBSCRIBED AND SWORN to before me this _________________ in General

Santos City, Philippines and I hereby certify that I have personally examined the affiant
and that I am fully satisfied that he voluntarily executed his affidavit and understood the
same.

Doc. No. _______

Page No. _______
Book No._______
Series of 2021

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