REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE PROSECUTOR
CEBU CITY

FRANKLIN D. LOGARTA
Complainant,
I.S. No. 0002
For: Robbery (with
-versus- Force Upon Things)
in an Uninhabited
NOELA ANTONIA P. LOGARTA, Place
JOANNAH P. PREDOG,
MICHELLE G.ABSIN and
BERMUNDA A. ELVIRA,
Respondent.
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JOINT COUNTER-AFFIDAVIT
OF THE RESPONDENTS OF
NOELA ANTONIA P. LOGARTA,
JOANNAH P. PREDOG,
MICHELLE G.ABSIN and
BERMUNDA A. ELVIRA

THE UNDERSIGNED RESPODENTS respectfully state:

We, NOELA ANTONIA P. LOGARTA, JOANNAH P. PREDOG, MICHELLE

G.ABSIN and BERMUNDA A. ELVIRA, of legal age, single and a resident of
Basak-Quiot, Cebu City, after being sworn to in accordance with law, do hereby
depose and state that:

1. We have been made respondents in I.S. No. 0002, a charge for

Robbery with Force Upon Things in an Uninhabited Place by the
herein complainant on June 30, 2016 before the Office of the City
Prosecutor of Cebu City;

2. On July 15, 2016, we received a Subpoena from said Office requiring

us to submit a Counter-Affidavit within ten (10) days from such
receipt;

3. The charge is based on the allegation that we conspired with one

another in carting away two (2) computer monitors from the house of
said complainant;

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4. We specifically deny paragraph 6 of the Affidavit Complaint alleging
that we were told by herein complainant to stop what we were doing
but we immediately left the house for the truth being that upon
leaving, we saw complainant Franklin Logarta. Accused Noela
Logarta then told complainant that she does not want any trouble and
was merely getting her two old computer monitors to sell them.
Complainant then asked accused Noela Logarta why she was selling
them to which the latter answered that it is to add up to her savings.
We then left the house after accused Noela Logarta asked permission
to leave to which the complainant replied in the affirmative;

5. We specifically deny paragraph 9 of the Affidavit Complaint

submitted by the complainant alleging that we broke the padlock of
the complainants gate of his house for the truth being that when we
went there on June 30, 2016 at around three oclock in the afternoon
to get the two computer monitors owned by herein accused, NOELA
ANTONIA P. LOGARTA, we noticed that the padlock on the gate of
the house was already broken;

6. I, Noela Logarta, admit paragraph 13 of the Affidavit Complaint

alleging that complainant engraved his initials at the base of the two
old computer monitors. But I also specifically deny the same
paragraph for the truth being that mine and my mothers initials were
also engraved at the base of the said monitors. The engravings are
worded as FR. FL & NL Princess Noela;

7. We specifically deny paragraph 14 of the Affidavit Complaint suing

us under the Revised Penal Code provisions particularly Article 293 in
relation to Section Two Article 300 and Article 302 for the truth
being that:
a. Herein accused cannot be sued for more than a single cause of
action as provided under Section Three of Rule Two of the Revised
Rules of Court which states that A party may not institute more
than one suit for a single cause of action.;
b. Herein accused has not violated the provisions under Article 293 of
the Revised Penal Code for the two computer monitors are owned
by accused Noela Logarta given to her as gifts by complainant;
c. Herein accused has not violated the provisions under Article 300 of
the Revised Penal Code for we were unarmed when we went to the
house located in #21 2nd St. Mountain View, Basak-Quiot, Cebu
City and we have no plan and intention to rob the said house;
d. Herein accused has not violated the provisions under Article 302 of
the Revised Penal Code for we have gained entrance to the house
through the use of a duplicate key owned by herein accused Noela
Logarta.
PRAYER
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 WHEREFORE, premises considered, it is respectfully prayed that the
instant criminal complaint be DISMISSED for lack of merit.
Further, the respondents respectfully pray such and other reliefs as may be
deemed just and equitable in the premises.

TO THE TRUTH OF THE FOREGOING, we have signed this Counter-

Affidavit on July 20, 2016.

Affints:

NOELA ANTONIA P, LOGARTA JOANNAH P. PREDOG

MICHELLE G.ABSIN BERMUNDA A. ELVIRA

SUBSCRIBED and SWORN TO BEFORE ME, this 20th day of July 2016 at
Cebu City.

ATTY. FAITH ROLLAN

Counsel for Defendant
Suite 902, 9Floor, Ayala Life-FGU Center,
Mindanao Avenue, Cebu Business Park, Cebu City;
Until December 31, 2017
Roll of Attorney No. 8268
PTR No. 1235-01, January 3, 2014, Cebu City
IBP No. 9876-01, January 3, 2014, Cebu City
MCLE Compliance No. I-0009887 10/21/16

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