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Counter Affidavit

Pascual denies the allegations against him of raping the complainant. He admits to working as a night security guard on the date of the alleged incident but denies leaving his post or committing any acts against the complainant. Pascual claims that after finishing his shift, he traveled directly home and arrived around 8:30am, making it impossible for him to have committed the rape. He denies using drugs and claims the complainant knew where he lived and worked. Pascual executed this counter-affidavit to attest to the truth of his version of events.

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Charlotte Gallego
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© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
547 views

Counter Affidavit

Pascual denies the allegations against him of raping the complainant. He admits to working as a night security guard on the date of the alleged incident but denies leaving his post or committing any acts against the complainant. Pascual claims that after finishing his shift, he traveled directly home and arrived around 8:30am, making it impossible for him to have committed the rape. He denies using drugs and claims the complainant knew where he lived and worked. Pascual executed this counter-affidavit to attest to the truth of his version of events.

Uploaded by

Charlotte Gallego
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Counter- Affidavit
People vs Pascual

REPUBLIC OF THE PHILIPPINES ] ]
CITY OF DAVAO ]S.S
X-----------------------------------------/



COUNTER-AFFIDAVIT


I, PIOLO PASCUAL, 44 years of age, Filipino, married and a
resident of Brgy. Uswag JP Laurel St., Davao City, Philippines, after
having been duly sworn to in accordance with law, do hereby depose
and say that:

1. I am the accused in Criminal Case No. ___ for the crime of
RAPE under R.A. 7610;

2. I am employed as a Night Security Guard at SM Lanang,
Lanang, Davao City since January 04, 2014 up to present;


3. I admit the allegations in Paragraph 1 of the Complainants
Affidavit-Complaint;

4. I deny the allegations in Paragraphs 2, 3, 4, 5, 6 and 7 for lack
of knowledge as to the truth of the said allegations, the truth
being that:


a) On March 15, 2014, I was on duty at the SM Lanang as
the Night Security Guard and my shift starts at 11 oclock
in the evening of March 14, 2014 until 6 oclock in the
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Counter- Affidavit
People vs Pascual

morning of the following day or on March 15, 2014 where
I earn P220.00 daily;

b) I only left my post at 7 oclock in the morning of March 15,
2014 because I waited for my daily wage at that time;


c) I only logged out my DTR at around 7 oclock in the
morning of March 15, 2014;

d) I traveled back to our house at Brgy. Uswag JP Laurel St.,
Davao City at around 7:15 oclock in the morning and
arrived at our house at around 8:30 oclock in the morning
of the same date;


e) I have never placed myself on top of the complainant
naked and did not remove her clothes;

f) I did not kiss and touched the breast of the complainant
and did not threaten to kill her;


g) I did not inflict strong force so as to cause abrasions on
the complainants wrists;

h) I did not punch the complainants stomach;


i) I did not insert my penis into the complainants vagina;
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Counter- Affidavit
People vs Pascual

j) I do not use SHABU or any illegal drug for that matter.

5. I deny the allegations in Paragraph 8 for lack of knowledge as
to the truth of said allegations, the truth being that:
a) I only arrived at our house at Brgy. Uswag JP Laurel St.,
Davao City at around 8:30 oclock in the morning because
of the distance of my work from our house, it takes me
about an hour or more to commute to and from;

b) The complainant could not have seen me outside the
house at 7 oclock in the morning since I left my
workplace only at around 7:15 oclock in the morning of
March 15, 2014 and I could not have reached our house
in an instant.


6. I deny the allegations in Paragraph 9 for lack of knowledge as
to the truth of said allegations;

7. I deny the allegations in Paragraph 10 for lack of knowledge as
to the truth of said allegations, the truth being that:
a) Around 12:30 oclock in the afternoon of March 15, 2014,
my brother informed me that the Complainant along with
Divine Geronimo Pascual has lodged a criminal
complaint of RAPE against me;

8. I deny the allegations in Paragraph 11 for lack of knowledge as
to the truth of said allegations, the truth being that the
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Counter- Affidavit
People vs Pascual

Complainant knew exactly where I was staying and where I
work;

9. I deny the allegations in Paragraph 12 for lack of knowledge as
to the truth of said allegations.

That I am willing to testify in court to prove my contentions.

That I am further executing this counter-affidavit in order to attest
to the truth of the foregoing facts and for whatever legal purpose this
may serve best.

IN WITNESS WHEREOF, I have hereunto set my hand this _____
at Davao City, Philippines.


PIOLO PASCUAL
Affiant




Atty. Michaelo L. Florentino
Atty. Sheina Mae B. Galendez
Atty. Anna Mae S. Reyes
Atty. Joan E. Suico

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