Counter Affidavit 3v47

REPUBLIC OF THE PHILIPPINES DEPARTMENT OF JUSTICE OFFICE OF THE CITY PROSECUTOR DAVAO CITY

MIA CULPA Complainant -VERSUSI.S. NO. _________ FOR: Rape PEDRO C. CARGO Respondent x----------------------------------------------------------------------------------------x COUNTER-AFFIDAVIT I, Pedro C. Cargo, of legal age, Filipino citizen and a resident of San Miguel, Dumanlas, Davao City, after having been sworn to in accordance with law hereby depose and state that: 1. I am the accused in Criminal Case No. ______ for the crime of RAPE under Article 266-A of the Revised Penal Code; 2. I am employed as a packer at the Asparagus Packing Plant of the Marsman Drysdale Agriventures Corporation at Polomolok, South Cotabato since November 3, 2009; 3. int;

I it the allegations in Paragraph 2 of the Complainantâ

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4. I deny the allegations in Paragraph 4 for lack of knowledge as to the tr uth of the said allegations, the truth being that: a. On the morning of March 3, 2010, I was at the place of my work in Polomo lok, South Cotabato where I earn P180. daily; b. That at about eight (8) oâ clock in the evening of March 3, 2010, I received a call from my brother informing me that the complainant has filed charges again st me for the crime of rape under Art. 266-A of the Revised Penal Code; c. That I am the eldest in the brood of five and is the sole breadwinner of the family after both of my parents died in a vehicular accident in April 2009; d. That in order to save on expenses and increase the amount I send to my s iblings for their schooling, I seldom go home at our residence in San Miguel, Du manlas, Davao City but instead stay at the company-provided residence quarters d uring the duration of my duty ; e. That the last time I went home was on December 24, 2009 in time for the Christmas break to spend time with my family and that I immediately went back t o Polomolok the next day in order to avail of the pay for overtime work;

f. That I know the complainant as residing in the same barangay where our r esidence is located but have not maintained any close relationship with her or h er family; g. That it is physically impossible for me to commit the crime charged beca use I had been in Polomolok, South Cotabato since December 25, 2009 as I am afte r the renewal of my employment contract should I satisfactorily complete the wor k demands of the five-month probationary period since the start of my employment on November 3, 2009; h. That I have never been to the complainantâ the morning of March 3, 2010;

s house moreso at seven (7) oâ

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5. The allegations stated in the Affidavit-Complaint are mere malicious fabricat ions by the complainant which may have been spurred by the bitter enmity harbore d by of her family arising from a property dispute that involved both ou r 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 complainantâ 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 th e truth of the foregoing statements, to inform the proper authorities of the abo ve 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 8th day of March, 2 010 at Davao City, Philippines.

PEDRO C. CARGO Affiant SUBSCRIBED AND SWORN TO before me this 8th day of March, 2010 in Davao C ity, Philippines. ROXAN G. APOSTOL Prosecutor I

CERTIFICATION This is to certify that I have personally examined the herein affiant an d that I am satisfied that he voluntarily executed and understood his statements in this Counter Affidavit. ROXAN G. APOSTOL Prosecutor I