Counter Affidavit 3v47

Republic of the Philippines DEPARTMENT OF JUSTICE NATIONAL PROSECUTION SERVICE OFFICE OF THE PROVINCIAL PROSECUTOR TAGBILARAN CITY, BOHOL

CHRISTINE TORRALBA y MAGDALENA Complai nant, -versus-

I.S. No. 001099 For: ACTS OF LASCIVIOUSNESS

DONALD CABIDO y LARA Respondent. x-----------------------------------------------------/

ANSWER/COUNTER-AFFIDAVIT

I, DONALD CABIDO y LARA, Filipino, of legal age, single and a resident of Poblacion, Baclayon, Bohol, Philippines, after having been duly sworn to in accordance with law, hereby depose and state that: 1. I am the accused in Criminal Case No. 1002 for the crime of RAPE under Article 266-A of the Revised Penal Code; 2. Despite being physically disabled, I am employed as a utility man of Bohol Royale Blind Massage Clinic (BRBMC) at Tamblot St., Tagbilaran City, Bohol, Philippines by providing in repairing potholes and gutters, assisting office staff in custodial services and grounds keeping activities, cleaning and maintaining floor surfaces and windows, empty trash receptacles and ensure appropriate disposing off of trash, and cleaning restrooms and replenishing supplies; 3. I neither molest nor come up to the point of raping the Complainant (Christine Torralba y Magdalena) as alleged in her ComplaintAffidavit; 4. I deny all the allegations set forth in the Complaint-Affidavit for lack of knowledge as to the truth of the said allegations, the truth being that:

a. On the 26th day of October, 2016, I was at the place of my work in Bohol Royale Blind Massage Clinic (BRBMC) at Tamblot St., Tagbilaran City, Bohol, Philippines supposedly working the regular hours of duty from 8 o’clock in the morning to 5 o’clock in the afternoon; b. That on the same day at past 5 o’clock in the afternoon, I was already heading home after a very long and tiring day of work cleaning the restrooms and floor surfaces. c. That the receptionist-cashier, Mr. Rodrigo K. Santos, a.k.a. “Nong Rudy”, personally asked me to stay and work overtime after he discovered numerous tiny potholes near the entrance of the massage rooms, some inside the massage rooms, outside the restroom and the entrance door, and holes in the gutter that requires immediate fixing for it may be a cause of an accident if not to be acted immediately; d. That I took the initiative to call the clinic’s outsourced utility man, my brother-in-law, Christian Tortor, to do the repairs with my assistance. I called him right away and he arrived at the clinic around 5:45 in the afternoon on that same day; e. That my brother-in-law and I decided to seal the holes in the gutters first since the day is already at twilight. He spearheaded the covering of holes in the gutter with my and assistance since I can’t climb the stairs and reach the gutter because of my physical disability; f. That at around 7:15 in the evening, we finished covering up the holes in the gutter and decided to continuously repair the potholes near the entrance of the massage rooms, some inside the massage rooms, outside the restroom and the entrance door setting aside dinner at that time because he told me he will treat me for one right after our tasks; g. That I was tasked to mix and pull up the cement and sand while my brother-in-law adds water into the mixture until its perfect consistency is ready for filling-up the holes in the floor; h. That before we started filling up the potholes in the floor, and since we were already hungry, we lit up a few sticks of cigarettes outside the building for almost 10 minutes; i. That at approximately 8 o’clock in the evening, we head back to the clinic and started filling up the potholes in the floor with cement – I was in charged with filling up all the potholes near the entrance of the massage rooms, some inside the massage rooms,

outside the restroom and the entrance door while my brother-inlaw was tasked to refill the cement; j. That it is physically impossible for me to commit the crime charged because I had been doing the foregoing task up until 10:15 in the evening and that my brother-in-law regularly checked my work every time I finish covering up a pothole; k. That from the time we finished covering up the potholes, we cleaned the tools that we used by the faucet located at the back part of the building and that my brother-in-law was with me all the time; l. That while heading out, we noticed some commotion at the waiting room reserved for female massage therapists where we saw Nong Rudy, the complainant, and her sister. The sister pointed at me, shouted, and accused me of touching the complainant. 5. The allegations stated in the Affidavit-Complaint are mere malicious fabrications by the complainant which may have been spurred by the bitter enmity harbored by of her family arising from a property dispute that involved both our families, which case had already been decided in finality by the Supreme Court to our favor, and as a result of which the of the complainant's family have repeatedly hurled verbal threats against me and my siblings that they would get back at us in whatever way possible. 6. I am executing this Counter-Affidavit for the purpose of attesting to the truth of the foregoing statements, to inform the proper authorities of the above facts, to my prayer for the dropping or dismissal of the instant case against me and for whatever purpose this may serve best. IN WITNESS WHEREOF, I have hereunto set my hand this November 3, 2016 in the City of Tagbilaran, Bohol, Philippines.

DONALD L. CABIDO Affiant

SUBSCRIBED AND SWORN TO BEFRORE ME, this 3rd day of November 2016 in the City of Tagbilaran, Bohol, Philippines. I further certify that I have personally examined the herein complainant and I am satisfied that she voluntarily and freely executed and understood her affidavit.

ATTY. HUAN R. BANTAY Notary Public Tagbilaran City, Bohol, Philippines PTR No: 04369143 MCLE Compliance No: 009142013

Doc. No: 123 Page No: 4 Book No: 5 Series of 2016.

CERTIFICATION

This is to certify that I have personally examined the herein affiant and that I am satisfied that he voluntarily executed and understood his statementsin this Counter Affidavit.

RIBIK R. TORTOR Prosecutor I