COUNTER-AFFIDAVIT

OF RESPONDENT x x x

THE UNDERSIGNED RESPONDENT respectfully states:

X x x.                     x x x x.

THE INSTANT CRIMINAL COMPLAINT IS A PERJURIOUS, MALICIOUS, FELONIOUS, BASELESS,

UNFOUNDED, AND UNJUST FABRICATION.   

1.      Before proceeding any further, the Respondent hereby states that the instant complaint of the
Complainant xxx is a perjurious, malicious, felonious, baseless, unfounded and unjust FABRICATION by
the Complainant intended: 

(a) To collect a loan that the Respondent had already paid in full to the Complainant; and 

(b) To earn unjust, huge, usurious, iniquitous and unconscionable interests and/or penalties/ surcharges
on the said fully paid loan, without any legal and contractual basis for such a claim, solely to serve the
selfish financial gain of the Complainant and his anonymous Financier. 

2.    The Respondent categorically states that: 

(a)             He does not owe any amount whatsoever to the Respondent; 

(b)            The act of the Complainant of initiating the instant case against the Respondent, without any legal and
factual basis, has caused mental anguish, extreme anxieties, sleepless nights, and besmirched
reputation on the part of the Respondent and his family;

(c)             The Respondent shall soonest file a counter-charge for PERJURY against the Complainant to serve as
an example to society and in the interest of justice;

(d)         The Respondent reserves the right to file anindependent civil action for TORT AND DAMAGESagainst
the Complainant and his cohorts for initiating this unjust, unfair, baseless, reckless, and irresponsible
case.

3.    The true facts of the case are enumerated and discussed hereinbelow. 

CHRONOLOGY OF RELEVANT FACTS AND EVENTS.  

4.    The Respondent XXX is a Xxx national. He is doing business in xxx in the sector of tourism, entertainment
and food and beverages. 

5.     He has two (2) minor children with his common-law Filipina spouse xxx. 

6.    Their two (2) minor children are XXX, 5 years old and a pupil of xxx, and xxx XXX, 3 years old. 

7.     The Respondent XXX (“XXX”) and common-law spouse xxx first met the Complainant XXX XXX (“XXXF”;
alias “xxx”) in 2014. 

8.    The Complainant was introduced to the Respondent and xxx by a brother-in-law of the latter named xxx. 

9.    At that time, the couple XXX and xxx was looking for a private van for rent to be used by them for their
family outings. 
10.            xxx introduced the Complainant as a “kumpare” and a private van operator-driver. 

11.  The Respondent and xxx hired the van of the Complainant for about three (3) times for the out-of-town
trips/excursions of their family. Moreover, in some business trips of the Respondent also used the van of
the Complainant. 

12.The Respondent and  XXX reposed their trust on the Complainant because the latter seemed to be a good
and trustworthy person. Sometimes the Complainant made social visits to the home of the Respondent
and xxx. 

13.Because of their trust in the Complainant, the Respondent and xxx did not mind the confidential
information later given to them by xxx that the Complainant was engaged in the illegitimate business of
securing xxx  visas for interested Filipino, as a sideline. The Complainant’s modus operandi, according to
the information from xxx, was that the Complainant would make it appear that the visa applicants were
members of a Filipino xxx Team with official business, tournaments, or trainings in the xxx.

     14. On 20 September 2014 or thereabout, the Respondent was in need of P15, 000.00 for the tuition
fees of his child enrolled at the xxx. He sought the assistance of the Complainant. The Complainant
said he could lend the Respondent the amount the latter needed. The Complainant said he had some
savings to accommodate the urgent need of the Respondent. The Complainant did not mention that he
would source the amount from an outside Financier.

15. On 30 September 2014, when the Respondent was ready to pay in full his loan, the Complainant
demanded an additional amount of P6, 000.00 as interest on the P15, 000.00 principal loan (for a very
short period of ten (10) days). 

16.The Complainant alleged that the said amount was required by his anonymous Financier. The Respondent
was surprised by such a statement of the Complainant because the latter had earlier said that the amount
of P15, 000.00 was the Complainant’s own personal savings. He started to suspect the honesty of the
Complainant.

17. The P6, 000.00 interest on the P15, 000.00 principal loan for a very short period of ten (10) days
was usurious, unacceptable, unconscionable, iniquitous, and immoral. 

18.Nonetheless, to avoid unnecessary interpersonal problems with the Complainant, the Respondent paid to
the Complainant the P6, 000.00 interest that the latter and his anonymous Financier were demanding  via
a deposit to the bank account of the Complainant.  

19.Thus the Respondent paid the Complainant on 30 September 2014 the total amount of P21,
000.00, broken down as follows: 

(a) P15, 000.00 as principal loan; and 

(b) P6, 000.00 as interest.

20.          Please note that the said P6, 000.00 interest amounted to an incredible, usurious, iniquitous,
unconscionable and immoral forty percent (40%) interest rate for the very short period of ten (10)
days (i.e., 20 September 2014 to 30 September 2014). 

21.The abovementioned loan transaction involving a principal amount of P15, 000.00 that took place on 20
September 2014 was not evidenced by any promissory note, contract of loan, voucher, official
receipt, or similar financial or contractual document. 

·        It was a verbal loan transaction. 

·        There was no oral or written stipulation whatsoever as to the interest, penalties, or surcharges of
the said verbal loan.

22.           Please note that the Complainant did not attach to his Complaint any promissory note, contract
of loan, voucher, official receipt, or similar financial or contractual document to prove his claim
against the Respondent. 

23.           What are attached to the Complainant are only the following documents: