REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
OFFICE OF THE PROSECUTOR
PASIG CITY
AAA,
Complainant,
-versus- For: RAPE
BBB
Respondent,
x--------------------------------------------------------x
COUNTER –AFFIDAVIT
I, BBB, of legal age and residing at Barangay Sta. Lucia, Pasig City, after being sworn
in accordance with law hereby depose and state that:
1. I am the respondent in the above-captioned Criminal Complaint;
2. Complainant was introduced and recommended to us by her aunt as baby-sitter for
my youngest child, from December 2014 to June 20, 2015
3. The Answer to question number 8 of the “Kusang Loob na Salaysay” of the
Complainant charged respondent for three (3) counts of rape, allegedly committed
inside our house at April 14, 2105 (12:30 pm), April 25, 2015 (9:30 am) and May 11,
2015 (1:00 pm).
4. First and foremost, it should be noted that my family consists of my three (children),
my wife’s grandmother, me and my wife together with CCC (all around house-helper)
and complainant were living in the said two-storey house at that time.
5. At the onset, respondent vehemently and categorically deny all the accusations of
Complainant, whose allegations are completely baseless and are mere concoctions of a
fertile imagination obviously designed to coerce respondent and extort money from the
latter.
6. A careful perusal of the “Kusang Loob na Salaysay” of herein Complainant would
show that the allegations therein failed to meet the requirement “of probable cause” in
order to justify the filing of any information against respondent. The complaint failed to
sufficiently prove all the elements constituting the offense charged against respondents
as there is no truth to any of the allegations of herein complainant.
7. Herein Complainant maliciously alleged that on April 14, 2015, at around 1:00 in the
afternoon, I allegedly asked her to go upstairs in our bedroom, locked the door and put
my hand on her mouth so that she cannot shout for help.
8. Contrary to such allegation, considering the distance of our room to my wife’s
grandmother’s room and because our house, though it’s a two-storey house, is small
that even a not so loud shout or resistance could definitely be heard by anyone.
9. With regard to complainant’s allegation that On April 25, 2015 at around 9:30 in the
morning where she alleged that in her room I allegedly raped her despite the presence
of all the members of my family, including my wife, since it was a Saturday, which
definitely, any resistance no matter how slight it was could be heard by any one.
10. In fact, herein complainant was not alone on her room, the all round house-helper
was her roommate. She seldom goes outside, as she is the one who usually cooks and
clean the house.
11. Hence, it is contrary to human experience to have that chance to rape a person
considering the presence of my households in our house. And that bearing in mind the
size of the house and the distance of every room from one another, any slight
resistance or shout could easily be heard.
12. Same is true to complainant’s allegation on May 11, 2015 (Monday) at around 12:30
in the afternoon, the same is impossible not to be caught or be heard by anybody or
everybody in the house.
13. It must also be emphasized that on the date and time (April 14, 2015 at 1:00 pm and
May 11, 2015 at 12:30 pm) when the alleged crimes (two counts) of rape were
committed, it was physically impossible for me to commit the same as I was at my work
during that time, as evidence by a “Certificate of Attendance” 2 issued by our HR/Office
Manager,
14. In this connection, even our house-helper can testify, that during that time, I was at
work and it was physically impossible for me to rape her due to distance involved. She
can even attest that she did not notice any sign of trauma to herein complainant, as they
(Rona and Janice), being roommates were always together.
15. With respect to herein complainant’s claim that I allegedly threatened to kill her and
her family, the same is inexistent.
16. It should be noted that I am working five days a week and she was free to go out
anytime she wants to out. In fact, our house is located 300 meters more or less away
from the police station. If she was threatened, she could have easily reported me to the
police.
17. Actually, I and my wife, being her employers even gave her a cellphone for her to
constantly communicate with her family in the province, with full access to our internet
24 hours a day.
18. It should also be worthy of consideration, that during the time we employed her as
baby-sitter, we usually go home in Tarlac, especially in the months of March 2015 to
July 2015, when my mother was in her critical stage of cancer, and she always go with
us for her to go home in Zarragoza, Nueva Ecija. Hence, if she was really threatened,
she could just have told her family every time she was with them.
19. We always made sure that every time she goes home, she will be at their house.
We even compelled her to call us and let her mother talk to us for us to have that
assurance that she safely went home.
20. On June 20, 2015, we again went home in Tarlac, and as usual herein complainant
was with us as she also went home in Nueva Ecija. As our common practice, we made
sure that she went home. However, early morning of June 21, 2015, her mother called
us, asking if complainant was with us. We told the complainant’s mother that
complainant was not with us, and we offer to help to find the complainant.
21. After a while, complainant’s mother again called us and informed us that the
complainant already arrived and they found out that complainant slept with her
boyfriend. They even informed us that the complainant cannot go back to Manila with us
because they want to talk first with the complainant’s boyfriend.
22. However, after more or less one (1) hour, complainant’s mother again called us and
that was the time she casually accused me that I raped her daughter.
23. Other than herein Complainant’s malicious and self-serving claims of an alleged
criminal acts of respondent, no sufficient evidence was submitted to support that would
constitute probable cause to engender a well-founded belief that a crime has been
committed and that herein respondent is probably guilty thereof.
24. Thus, considering the circumstances when the alleged criminal acts were
committed, herein Complainant failed to show in her allegations and by sufficient
evidence that same have been committed or that herein respondent is probably guilty
thereof;
25. “One who alleges a fact has the burden of proving it, since mere allegation is not
evidence.”3 Equally, “It is a basic rue in evidence that he who alleges must prove his
case or claim by degree of evidence required.”
26. Accordingly, the “Kusang Loob na Salaysay” filed against respondent should merit
dismissal. “Basic is the rule that bare allegations, unsubstantiated by evidence, are not
equivalent to proof under the Rules.”
27. All told, I executing the foregoing Counter-Affidavit for the purpose of attesting to
the truth of the same and for all legal intents and purposes.
IN WITNESS WHEREOF, I have hereunto affixed my signature this
______________________ at___________________.
BBB
Affiant
SUBSCRIBED AND SWORN to before me this __________________at
_______________________.
I further certify that I have personally examined the affiant and that I am satisfied that
the affiant voluntarily executed and understood the Counter-Affidavit.
Assistant City Prosecutor
Doc. No. ______;
Book No. ______;
Page No. _______;
Series of 2017.
