Republic of the Philippines

Department of Justice
National Prosecution Service
Office of the City Prosecutor of
Zamboanga City
Hall of Justice, Zamboanga City

MARY JANE FAJARDO NPS No. ______________

Complainant,

Versus For :

Violation of Article 266-A

of the Revised Penal Code (RAPE)
JERWIL CASUMPA
Respondent,

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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. xxxxx 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 delivered four
bottles of fresh carabao milk to Celestial Miranda at the Barangay Hall of Ayala, this
city;

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 attached judicial affidavit of Ma.
Luz marked as “Exhibit 2”).

8. That, it is contrary to human experience that a person who is accused 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
issued by the assigned Assistant City Prosecutor, Sitti Alhada Abayan dated June ___,
2022. (See attached copy of Subpoena).

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. Ayala, this city marked as “Exhibit 3”);

11. That, I fear the law and truly observe good conduct in my everyday
dealings. In fact, I have no derogatory records in our barangay. (see attached barangay
certificate from Barangay Ayala marked as “Annex 4”);

12. That, I vehemently deny all the baseless allegations of the complainant MJ
considering that I only went to the former’s residence to deliver 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 requested that the instance case, NPS
Docket No. ___________ be dismissed for lack of merit.

In witness whereof, I have hereunto set my hand on this ___ day of __________,
2022 at Zamboanga City Philippines.

Jerwil Casumpa
Affiant / Respondent
 Subscribed and sworn to before me this ___day of _______________, 2022 in
the City of Zamboanga.