Casipit, Gayares, Guzman, Rendor, Saraza G05

Legal Writing
May 9, 2018

Republic of the Philippines

Department of Justice
OFFICE OF THE PROSECUTOR
National Capital Region
Manila City

B​,
Complainant,
IS NO: V - 1234
- versus - For: Qualified Theft

A​,
Respondent.
x-----------------------x

COUNTER-AFFIDAVIT

I, ​A​, the undersigned, of legal age, Filipino, single, and a resident of

#10 New York Street, Mendiola, Manila City, after having been duly sworn
to in accordance with law, do hereby depose and say:

1. That I am the respondent in Criminal Complaint ​IS NO: V - 1234 ​for

the crime of Qualified Theft under Article 310 of the Revised Penal
Code;

2. That the charges filed against me by the complainant are malicious

and have no basis in fact and in law, as there were so many
statements in his complaint affidavit before the Office of the
Honorable Prosecutor of Manila City, that were fabricated are entirely
untrue;

3. That I am admitting that I was employed as a secretary in

complainant, ​B’s Hardware Store ​since January 1, 2016 to April 29,
2018;

4. That I, as B’s secretary, am only required to report to the office at

8:00 a.m. to 5:00 p.m. every Monday to Friday, and tasked with
clerical functions, which is limited to maintaining papers, electronic
files, answering phone calls, maintaining schedules, and drafting
letters;

5. That the cash register is under the responsibility and possession of

the cashier of the hardware store during the operating hours of the
business;
1
 6. That the cash register is turned over to the complainant, B, during the
closing hour of the hardware store;

7. That I am not tasked with the responsibility of the cash register at any
time during the ordinary course of business hours;

8. That I deny all the allegations concerning B’s claim, purporting that I
took a sum of money from the cash register of the hardware store;

9. That the complainant has no supporting affidavit of witnesses only

proves to show that his version of the story is definitely not true and is
merely fabricated. Otherwise, B would have already attached a
supporting affidavit of a credible witness who can corroborate the
truthfulness of her allegations. By reason thereof, the subject
complaint clearly lacks probable cause for it has no basis whatsoever
in fact and in law and should therefore be dismissed;

10. That I am executing this Counter - Affidavit as reply and comment to

the Complaint - Affidavit of complainant, B.

IN WITNESS WHEREOF, I hereby affix my signature this 9th day of

May, 2018 in Manila City, National Capital Region, Philippines.

_____________________________
Affiant

SUBSCRIBED AND SWORN ​before me this 9th day of May, 2018 in

Manila City, National Capital Region, Philippines.

_____________________________
City Prosecutor

I HEREBY CERTIFY ​that I have personally examined the herein

affiant and I am satisfied that he voluntarily executed and understood his
given affidavit.

Doc. No. __________

Page No. __________
Book No. __________
Series of 2018.
2