COUNTER AFFIDAVIT

I, JERWIL CASUMPA, of legal age, single, and a resident of Barangay

Ayala, Zamboanga City under oath do hereby depose and state that:
1. I am the respondent in NPS No.IX-06-INV-221-0001 filed against me
by the herein complainant Mary Jane Fajardo (MJ for Brevity) on the
charge of the violation of Article 266-A of the Revised Penal Code;

2. That, I vehemently deny and condemn the baseless and unfounded

accusations levelled against me by Mary Jane Fajardo (MJ for
Brevity), complainant in this case as she alleged in her Judicial Affidavit
dated June 6, 2022;

3. That, on the day of June 6, 2022, I had supplies of fresh carabao milk
produced by my own carabaos so I decided to make deliveries on that
day.

4. That, at about 9:00 o’ clock in the morning of June 6, 2022, I deliv-

ered four bottles of fresh carabao milk to Celestial Miranda at the
Barangay Hall of Ayala, this city; (see attached Judicial affidavit of Ce-
lestial Miranda marked as ‘’Annex 1’’)

5. That, on or about 10:00 o’ clock in the morning of June 06, 2022, I

went to Fajardo’s residence to deliver four (4) bottles of fresh carabao
milk;

6. That, after I handled over to MJ the said four (4) bottles of fresh milk,
I requested her to taste it to ensure its freshness and she replied ‘’ok na
to’’ so I immediately left the house of MJ to make another delivery;

7. That, from the house of MJ, I immediately made milk deliveries to one
of my regular customers in the person of Maria Luz Bernardo (Ma. Luz
for brevity) who leaves few meters away from the house of MJ. (See at-
tached judicial affidavit of Ma. Luz marked as “Annex 2”).

8. That, it is contrary to human experience that a person who is ac-

cused of committing rape would still continue to make a living on that
same day.

9. That, there is no truth that I am hiding. In fact, I personally received

the subpoena on June 11, 2022 issued by the assigned Assistant City
Prosecutor, Sitti Alhada Abayan dated June 10, 2022. (See attached
copy of Subpoena marked as ‘’Annex 3’’).
 10. That, I am known in our locality as hardworking and in whole
duration of my existence I have not engaged in any fights. (see attached
judicial affidavit of Jim Conrad Tee , Barangay Chairperson of Brgy. Ay-
ala, this city marked as “Annex 4”);

11. That, I fear the law and truly observe good conduct in my ev-
eryday dealings. In fact, I have no derogatory records in our barangay.
(see attached barangay certificate from Barangay Ayala marked as “An-
nex 5”);

12. That, I vehemently deny all the baseless allegations of the com-
plainant MJ considering that I only went to the former’s residence to de-
liver fresh carabao milk;

13. That, I hereby declare under oath that I did not commit the
crime in violate Article 266 – A of the Revised Penal Code;

14. That, I am executing this counter affidavit to attest the truth of

the foregoing facts based on the personal knowledge and authentic
records in compliance with the subpoena of this honorable office. It is re-
quested that the instance case, NPS Docket No. IX- 06-INV-221-001 be
dismissed for lack of merit.

IN WITNESS WHEREOF, I have hereunto set my hand on this 16

day of June, 2022 at Zamboanga City Philippines.

JERWIL CASUMPA
Affiant

SUBSCRIBED AND SWORN to before me this 16th day of _Novem-

ber, 2022 in the City of Zamboanga.

SITTI ALHADA ABAYAN

Assistant City Prosecutor
MCLE Compliance No. VI-001234
Valid until April 14, 2022
 CERTIFICATION

I HEREBY CERTIFY that I have personally examined herein Affiant

and that I am satisfied that he voluntarily executed and understood the con-
tents of his affidavit.

SITTI ALHADA ABAYAN

Assistant City Prosecutor
MCLE Compliance No. VI-001234
Valid until April 14, 2022