Republic of the Philippines

Department of Justice
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Manila

Mr. NMG
Complainant

Vs.

Mr. A
Respondent

x………………………………………x

COUNTER-AFFIDAVIT

I, Mr. A., of legal age, married, and with residence address at Blk 2 Lot
5 Red St., Springville, Molino, Bacoor City, Cavite, after having been duly
sworn to in accordance with the law, hereby depose and say that:

1. I am the respondent in the above-titled case who is charged with

Estafa and the violation of Batasang Pambansa Blg. 22 (B.P. 22).
2. I am in a joint government project with Mr. B.
3. Mr. NMG is the investor of Mr. B.
4. Mr. NMG issued a check for the amount of Seven Hundred
Thousand pesos (P700,000.00) as financial assistance in favor of
myself and Mr. B, which would be reimbursed by the two postdated
checks I gave him.
 5. The Elements of Estafa by means of deceit under Article 315 more
particularly in Paragraph 2 (a) of the Revised Penal Code (RPC) are
as follows:
a. That there must be a false pretense, fraudulent act or fraudulent
means.
b. That such false pretense, fraudulent act or fraudulent means
must be made or executed prior to or simultaneously with the
commission of the fraud.
c. That the offended party must have relied on the false pretense,
fraudulent act, or fraudulent means, that is, he was induced to part
with his money or property because of the false pretense, fraudulent
act or fraudulent means.
d. That as a result thereof, the offended party suffered damage.
6. Paragraph 9 of the complaint contains allegations of estafa by means
of false pretense, fraudulent act, or fraudulent means.
7. With regards to Paragraph 8 of the complaint filed by Mr. NMG, the
agreement between us was that the check would only be deposited
by Mr. NMG after the release of the Letter of Credit from
DBP/Landbank to me and Mr. B.
8. I did not commit Estafa under Art. 315 of the RPC since the other
party could not have suffered damage since they were told to no
deposit the check unit the release of the Letter of Credit. Their
failure to follow the agreement is their own fault and any damages
incurred by their actions should be borne by them.
9. I did not commit a violation of BP 22 as the check was made in good
faith. This is seen in the fact that I told them that the check would
be dishonored if they tried to prematurely deposit the check without
waiting for the Letter of Credit.

WHEREFORE, premises considered, it is most respectfully prayed

that the instant complaint be dismissed for utter lack of merit.
 Other relief just and equitable are also prayed.

Mr. A

Respondent/ Affiant

SUBSCRIBED AND SWORN to before me this November 12, 2021

in Muntinlupa City. I hereby certify that I have personally examined the
affiant and I am satisfied that he has read and understood the contents of his
Complaint-Affidavit and that I am satisfied that he executed the same freely
and voluntarily.

Sgd.

Atty. Juan Dela Cruz

Roll No. 77654
IBP No. 787898
PRT No. 98765
MCLE No. I-1234567

Doc. No 17
Page No. 76
Book No. 85
Series of 2021