Republic of the Philippines. .
)
Province of Sultan Kudarat . . . . . ) S.S.
Municipality of Isulan . . . . . . )
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COUNTER AFFIDAVIT
(NPS DOCKET NO. XII-09-INV-22A-00037-00038-00039)
I, JOHN LLOYD VIDAS, of legal age, single, Filipino and a
resident of Sitio Cape, Ampon, Malungon, Sarangani Province duly
sworn to in accordance with law, hereby depose and state;
2. That, I am the respondent in NPS DOCKET NO. XII-09-INV-
22A-00037-00038-00039 for Rape (RA 9353);
3. That, first and foremost, the complainants are my
granddaughter and daughter and I respect more than anything
family relations;
4. At the onset, respondent vehemently and categorically deny
all the accusations of Complainants, SHELY GRACE N. PINTAC and
LIEZEL N. PINTAC, whose allegations are completely baseless and
are mere concoctions of a fertile imagination obviously designed to
coerce respondent and who has a motive of land grabbing from
respondent. The true narration of facts are as follows;
a. That, I am a resident of Sitio Bulitikon, Brgy. Salumping,
Esperanza, Sultan Kudarat, 2 1/2 hours travel away from
Brgy. Basak, Lebak, Sultan Kudarat;
b. That, due to old age and some illnesses, I am most of the
time in my house at Esperanza with my wife, sons and
grandson who is also a child of complainant, Liezel N.
Pintac. If I have to travel, I am always accompanied by my
wife and my son;
c. That, me and my wife were the ones who took care of the
complainant, Shely Grace, since she was 5 until the time she
was taken by her mother Liezel N. Pintac after almost 2
years. Complainant Shely Grace was left by her mother
when the latter’s husband died and remarried. Some of her
children were also left under me and my wife’s care without
any support coming from their mother but we did not care
as we considered them as our own children;
d. That, during complainant Shely Grace’s stay in our house at
Esperanza, I never laid hands on her most specially sexually
abused her;
e. That, complainant Shely Grace’s allegations that I sexually
abused her sometime in December 2018 at around 9 in the
morning, November 2019 at around 9 in the morning and 5
in the afternoon were all complete lies. I was just in our
house at Brgy. Salumping with my wife and my grandson,
Patrick N. Pintac, child of Liezel N. Pintac. To reiterate, I
cannot just easily travel that far, without any companion
considering my age
f. That, on 08 August 2020, my grandmother and my sister
went to church. I was left with my brother, Jenwell Vidas,
and my grandfather, Crispo Vidas, Jr. It was around 4 in the
afternoon when my grandfather went outside to feed his
carabao. The complainant never visited our house during
that day. Attached herewith are the copies of the Affidavit of
Witness of Jenwell Vidas and Crispo Vidas, Jr. to prove that I
have not touched nor rape the complainant on 08 August
2020 marked as Annex “1” and “Annex “2”;
3. That, all of the complainant’s allegations were all fabricated
and baseless. With respect to herein complainant’s claim that I
allegedly threatened to kill her and her father, the same is
inexistent. I am only twenty-one (21) years old and I have no
capacity to kill a person more so when it is my uncle;
4. That, moreover, assuming without admitting that the
complainant’s allegation that the alleged rape happened
multiple times already, no one has notice any sign of trauma to
herein complainant;
5. That, also, herein complainant is known in our Sitio for being
so liberated and has engaged pre-marital sex with her chat-
mates or boyfriends. Attached herein is the copy of series of
conversation between the complainant and her
chat-mates/boyfriends marked as Annex “C” to Annex “C-3”;
6. That, other than herein Complainant’s malicious and self-
serving claims of an alleged criminal acts of respondent and the
medical certificate, 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;
7. That, 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;
8. A careful perusal of the Judicial Affidavit 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 respondent as there is no truth to any
of the allegations of herein complainant.
9. Thus, I hereby execute this counter affidavit to attest to the
truth of the foregoing facts and circumstances, and to pray for
the outright DISMISSAL of this case.
10.IN WITNESS WHEREOF, I have hereunto set my hand this
____ day of October 2020 at Alabel, Sarangani Province,
Philippines.
JOHN LLOY VIDAS
Affiant
SUBSCRIBED AND SWORN to before me this ___ day of
October 2020 at Alabel, Sarangani Province, Philippines. I HEREBY
CERTIFY that I have personally examined the herein affiant and that
I am fully satisfied that he voluntarily executed and understood his
affidavit.
