Republic of the Philippines

DEPARTMENT OF JUSTICE
National Prosecution Service
OFFICE OF THE PROVINCIAL PROSECUTOR
Oroquieta City, Misamis Occidental

LILIAN LUMUMBANG NPS NO. X-04-INV-23D-00041

Complainant,
FOR: Violation of RA 9262
VS.
JOSEPH TAYONE
Respondent.
X------------------------------------------------X
COUNTER AFFIDAVIT

I, JOSEPH TAYONE of legal age, Filipino, married, and a resident of

Pelong, Aloran, Misamis Occidental under oath and do hereby depose and
state that:

Question (Q) and (A) Answer:

Q1: When did you receive this sub-poena?

On May 18, 2023.

Q2: Do you know the complainant of this case?

Yes sir. She was my previous live-in partner.

Q3: How long you have been a live-in partner?

More or less 16 years.

Q4: When did it start and end your relationship?

From year 1999 to 2012.

Q5: Did you have a common child or children with her?

Yes sir. We have a daughter in the name of Josephine Tayone.

Q6: Where were you and the complainant living together?

In Bulacan.

Q7: Who were living with you and the complainant at that time?

At first only two of us and later on Lilian’s two children followed us in

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Bulacan until Lilian gave birth to our child Josephine.

Q8: Where were these two children of Lilian came from?

They came from Aloran, Misamis Occidental.

Q9: What was your work at that time?

I was a Security Guard of a factory company.

Q10: What about Lilian, what was her work?

She has no work. She just stayed in the house.

Q11: Did you have any other source of income other than your being a
security guard, if any?

Yes sir. I have put up two (2) stores.

Q12: Where did you get the capital of those 2 stores?

From my own salary.

Q13: How much was the average income of that store in a month?

__________________________________________________

Q14: Is that store existing until today?

__________________________________________________________

Q15: What is the reason of your separation with Lilian?

We had many quarrels back then.

Q16: What was the usual cause of your quarrel?

Mostly about her children.

Q17: What about her children?

I often times objected to the wants of her children.

Q18: Why do you often times objected the wants of her children?

I do not want to them to spend and spend my hard earned money and
the income of the stores.

Q19: What else were the reason of your quarrel, if there was any?

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 Lilian always deceived me about the income of the stores. In fact, she
always claimed that some of the items of the store were purchased by her
daughter _______________________ until such time that the other store was
exclusive claimed by her daughter as her own now.

Q20: Who put up the other store claimed by the daughter of Lilian?

I sir.

Q21: How about the capital?

From me sir. How can they claimed it as their own when they had no
income at the time I started the store?

Q22: What happened then when you had quarrel with Lilian?

There was a time when she left me and our daughter Josephine for a
week and Lilian went to her _________________________ in Manila.

Q23: How old was your daughter at that time?

___________________________________________________

Q15: By the way, how old is your common child with Lilian?

She is 21 years old now.

Q16: Who is your daughter living with?

When we separated with her mother, she is living with her mother.

Q17: I will mark

Yes sir.

Q18: Did you give already the said amount to her?

Yes sir. I give her P161, 237. I did not give her the full amount of P200,
000 because she had an obligation to me which I automatically deducted.

Q19: Do you have proof of that payment?

Yes sir. I have copies of Acknowledgment Receipts which I and she had
prepared.

Q20: I will mark these documents as Annex “3-3-A”, do you confirm my

action?

Yes sir.

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Q21: What else do you have agreed with the complainant?

We will set each other free and forgo to whatever criminal and civil
actions arising from our union.

Q22: Do you have proof of that fact?

Yes sir. I have a copy of our Amicable Settlement which I caused the
preparation thereof and we signed before the barangay.

Q23: I will mark this document as Annex “4-4-A”, do you confirm my action?

Yes sir.

Q24: Why then she filed this complaint after what she had received and
agreed?

I do not know sir. She may be in need of money and she want to
demand it from me.

Q25: What do you want to happen now?

I want that the Provincial Prosecutor will dismiss this case for lack of
merit and lack of probable cause to indict me of the crime of Violation of R.A
9262.

IN WITNESS WHEREOF, I have set my hands this _______________________, at

__________________________.

JERIS B. BONGOSIA
Affiant
SUBSCRIBED AND SWORN to before me, this ______________________ at
_________________________. Affiant exhibited to me his _________________________ as
competent proof of his identity.

Copy furnished:

MARICHEL S. MANGAPIS
Purok 2, Macamiguing, Calamba
Misamis Occidental.

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