Republic of the Philippines

Department of Justice
NATIONAL PROSECUTION SERVICE
CITY PROSECUTION OFFICE
Zamboanga City

ROSE A. SAN JUAN, NPS Docket No. _______________

Complainant,

-versus- -for-

MARCELO A. SALVADOR, RAPE

Respondent.

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COUNTER-AFFIDAVIT

I, MARCELO A. SALVADOR, 17 years of age, single, Filipino, and a

resident of Love Street, Barangay Ayala, Zamboanga City, Philippines, after being
sworn in accordance with law, do hereby depose and declare THAT:

1. I am the respondent in the case filed by ROSE A. SAN JUAN (Rose for
brevity) for alleged Rape. Said case is pending for preliminary
investigation before the Office of the Honorable City Prosecutor of
Zamboanga City. In this connection, I am submitting this counter-
affidavit to answer the charges filed against me;

2. First and foremost, I VEHEMENTLY AND CATEGORICALLY

DENY the accusations of the alleged victim, ROSE A. SAN JUAN. Said
event led to the filing of this instant case. I also SRONGLY DENY
their contentions because the facts alleged in their sworn statements are
distorted, fabricated and not truthful of the actual circumstances
unfolding. For better understanding by the investigating prosecutor, I
hereby elucidate what befell between myself and the Rose, to wit:

2.1. For the record, Rose has been my girlfriend for more
than a year. In fact, on the day of the alleged rape
incident, it was our first anniversary. Our relationship
started last January 28, 2022. We used to call each
other “Mahal ko” as a term of endearment in Filipino
language as to be corroborated by our mutual friend,
who is also our neighbor Christian Gray (Christian,
for brevity). His affidavit is hereto attached as
“Annex 1”.

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2.2. Her family is against our relationship so they forced her
to file this instant case against me. She freely and
willingly accepted me as her boyfriend. In fact, she was
the one who made the first move. I was just sixteen
then. Attached hereto is a copy of my PSA authenticated
birth certificate as “ANNEX 2”;

2.3. When Rose became my girlfriend, she used to visit me

in my house where I lived with my grandmother.
Christian is a witness to our relationship;

2.4. It is true that JJ Fresh Food Merchandise Inc.

Contracted with the family of Rose for the delivery of
fresh milk weekly since 2018. I have been their delivery
man since 2021;

2.5. On the date and time in question, it was our 1st

anniversary. She intended to apply for leave on her
work as cashier of KCC mall so we could have a date.
However, she was only allowed to be excused from work
in the morning and must still report in the afternoon;

2.6. It was 10 AM on that same day when I went to Rose’s

house to fetch her as what we originally planned. Our
plan is manifested through the exchange of text
messages between me and Rose the night before the
incident happened. Photos of screenshots of our said
messages are attached herewith which is marked and
made an integral part hereof as “Annex 3”. We
planned to watch movie in KCC Cinema since we only
have enough time to enjoy the day;

2.7. I eagerly knocked on her door and to my surprise, Rose

was just wearing a towel, with her hair still dripping
wet, and she was as if in the middle of her bath. I told
her that I will be back if she is done taking a bath.
However, Rose insisted that I should stay while she is
dressing herself. She pulled me inside the house and
told me to sit on the couch while waiting. To my surprise
she started kissing me and the next thing we know is
that we were so intimate with each other that lead us to
sexual intercourse on the floor with a carpet beneath us;

2.8. Thereafter, we were able to fall asleep for about an hour

when suddenly, I heard someone knocking on the door.
I got up, put my shirt on, and opened the door while
Rose was still asleep. To my surprise, it was Rose’s
brother, Dexter A. San Juan. He bombarded me with
so many questions as to why am I in their house. Before
I could explain myself, he shut the door forcefully and
went on looking for Rose in the house while calling her
name.

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 2.9. When Dexter saw Rose lying on the floor half naked and
who had just woke up, he was so angry and furious and
without any warning, threw the vase forcefully on my
face which resulted to a cut and bruises near my left
eye;

2.10. Rose tried to calm his brother while shouting “Tama na

Dexter sumusobra ka na. Ate mo ko ba’t di mo
nirerespeto ang desisyon ko! Mahal ko si Marcelo at
wala na kayong pakialam don!” But it did not stop the
the latter from throwing things at me, kicking,
punching, and shouting bad words like “Putang Ina mo.
Anong ginawa mo sa kapatid ko. Nilason mo kapatid ko!
Rapist ka! Manyak! Ang dapat sayo patayin!”. He also
added while facing Rose “ Isa ka pa. Gusto mo pati ikaw
masasaktan?!”

2.11. I left Rose’s house to avoid sustaining additional injuries

from Dexter’s violent actions and went straight home.
There, my grandmother immediately noticed the
bleeding on my face. Being their only grandson, my
grandmother panicked and became angry while asking
me who was the perpetrator while wiping off the blood
on my face and applying ice packs thereon to relieve me
from pain. I told her that I just caught up with a fight
and it was nothing serious.

2.12. After a few minutes, Christian, my best friend, and who

lives within the neighborhood went to our house and
said in a panic voice, “ Anong ginawa mo Marcelo? Galit
na galit si Dexter at pinagsisigawan nya sa mga
kapitbahay na rapist ka daw! Pagsabihan daw kita na
tumigil ka na sa kagagawan mo kung hindi ipapakulong
ka daw nya!” Thereafter, I narrated to Christian what
had transpired since that morning. Christian became
furious when he knew the truth and advised me and my
grandmother to go to police station and file a
complaint;

2.13. My grandmother and I proceeded to the police station

on the same day at around 2 o’clock in the afternoon.
The police investigator who attended to us was Police
investigator Ronald Bato whose Judicial Affidavit
containing his testimony is marked and made an
integral part hereof as “Annex 4”. This lead to a case
filed against Dexter for slight physical injury;

3. I STRONGLY DENY to have poisoned Rose as what was stated in the

Judicial Affidavit of Dexter for if it was true, there should have been any
trace of the bottle of milk that I may use to be able to commit the
alleged crime or any evidence supporting the allegations. However, he
has no evidence nor witnesses to prove such crime. If she was indeed

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 poisoned, Rose should not have any strength to defend me against her
brother;
4. It is not my first time receiving threat of filing a case against me from
Rose’s family. However, this time, they forego with the case because we
were caught red handed;

5. Since I am still a minor and considered a Child in Conflict with the Law,
I was not brought to police station to be detained, instead I was turned
over to DSWD Zamboanga City. I was assessed by a social worker
named ma’am Jesse Han and according to her, there was no
discernment but I could not understand the meaning of it. Attached
hereto is a Discernment Report marked as “Annex 5”;

I ask of the investigating prosecutor to take this case seriously as I did not
poison nor rape Rose as opposed to the allegations in her complaint. Neither did
I commit the crime of Rape against my girlfriend Rose A. San Juan because we
had consensual carnal knowledge. To be certain, here are my arguments with
legal bases:

ARGUMENTS and LEGAL BASES

Under Art. 266-A of the Revised Penal Code, Rape is committed:

a. By a MAN who shall have carnal knowledge of a woman under
any of the following circumstances:
1. Through force, threat, or intimidation;
2. When the offended party is deprived of reason or otherwise
unconscious;
3. By means of fraudulent machination or grave abuse of
authority; and
4. When the offended party is under 12 years of age or is
demented even though none of the circumstances above is
present;

6. Although I admit having carnal knowledge with my girlfriend last

January 28, 2022, none of the above-mentioned circumstances exists. I
went to Rose’s house to fetch Rose and she voluntarily and willingly
insisted for me to stay in her house while waiting for her, which further
led us to commit sexual intercourse. It is irrational to say that I sexually
molested her wherein fact, since we are in a relationship, we committed
said sexual intercourse voluntarily and with consent from one another;

JURISPRUDENCE

As held in the case of People vs. Clemente, G.R. No. 130202, Oct.
13, 1999, the Court ruled that:
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 “In RAPE cases alleged to have been committed through FORCE, it
is imperative to establish that the elements of voluntariness on the part of the
victim be ABSOLUTELY lacking. The prosecution must prove that force or
intimidation was actually employed by the offender upon his victim to achieve his
end. Intimidation is very subjective and must be viewed in the light of the victim’s
perception and judgment at the time of the commission of the crime and not by
any hard and fast rule”.

7. In our circumstance with Rose, I NEVER forced her to have a carnal

knowledge with me because if such be the case, then our relationship
would not last for a year and we would not have enjoyed the company of
each other if she was really unhappy to be with me. Attached hereto and
marked as ANNEX “6” are printed copy of our chat messages on
Facebook which show our mutual adoration.

WHEREFORE, PREMISES CONSIDERED, I am hereby executing

this counter-affidavit on my own free will and volition, to prove my innocence
and for whatever purposes this may serve best.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

6 day of February, 2023 at Zamboang City, Philippines.
th

MARCELO A. SALVADOR
Affiant/Respondent

SUBSCRIBED and SWORN to me before me this 6th day of February,

2023, at Zamboanga City, Philippines.

CERTIFICATION
I hereby certify that I personally examined the herein affiant and that I
am fully satisfied that he understood the content of his affidavit and voluntarily
executed the same.

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