REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE

National Prosecution Service

OFFICE OF THE CITY PROSECUTOR

Halls of Justice, Dagupan City

AUDIE M. MANAOIS et. Al.,

Complainants,

NPS-1-10-INV-17H-00308

-Versus-

JUDILINE BALLEN, et. al.,

Respondents.

x----------------------------------x

COUNTER-AFFIDAVIT

We, JUDILINE BALLEN, ESTRELLA MARIE S. BALLEN, MARITA B. OLIVARIO, JOSE RUBEN S. BALLEN, RYAN
CHRISTOPHER S. BALLEN, MA. AUCILE S. BALLEN, KIM ALBERT S. BALLEN, FATIMA FE, S. BALLEN, MA.
ANE S. BALLEN, VAN CARLO S. BALLEN, VANESSA NORMA S. BALLEN, DANIEL S. BALLEN and ABEL S.
BALLEN including ALFREDO GARCIA SR. all of legal age, Filipinos and resident of Brgy Bolo, Labrador,
Pangasinan after being sworn to in accordance with law, hereby state that:

1. We are the respondent in the above-entitle case;

2. We vehemently deny the allegations filed against us by the complainant, it being malicious,
fabrications and blatant lies, the truth being those here in below alleged
a. Herein respondents Ballen are the true legal, legitimate, compulsory and the heirs of the
late CONCEPCION M. BALLEN as her son, the late RUBEN M. BALLEN is their late father (the
late husband of Judiline Ballen).

ATTACHED HERETO ARE THE CERTIFICATES OF MARRIAGE OF THE LATE RUBEN M. BALLEN
WITH RESPONDENT JUDILINE BALLEN AND THE RESPECTIVE CERTIFICATES OF LIVE BIRTH OF
THEIR CHILDREN RESPONDENT, HERETO ATTACHED AS ANNEXES ”A” TO “M.”

b. Respondents Ballen are successors-in-interest of the late RUBEN M. BALLEN who since time
immemorial had been occupying the subject land owned by his mother the late Concepcion
M. Ballen;

ATTACHED AS ANNEX “N” IS THE CERTIFICATE OF LIVE BIRTH OF RUBEN M. BALLEN TO

PROVE RELATIONSHIP WITH CONCEPCION M. BALLEN.
 c. Respondents have been in open, continuous and uninterrupted possession of the subject
land and have been paying taxes thereon
d. While respondent Alfredo Garcia Sr. is the tenant of the Ballen since time immemorial;
e. As legal heirs, by intestate succession, respondents Ballen are entitled to the parcel of lot
subject of the said questioned deed, even if there is no positive act on their part;
f. Audie M. Manaois is however a mere niece of their grandmother Concepcion or the cousin
of their father Ruben Ballen;
g. Respondents being the rightful and true legitimate heirs of the late Concepcion and Ruben
Ballen, they are the rightful owners and possessors of the said parcel of land subject of the
questioned deed;
h. Complainant prior to this case, filed numerous cases as against respondents, however all of
which were dismissed as clearly, he has no right over the said land subject of this case;
i. To further bolster their right over the said parcel of land, respondents Balen with no
knowledge whatsoever of legal ways to transfer in their names the subject land, inquired to
respondent Mercedes a known agent at Lingayen, Pangasinan;
j. Respondents Mercedes for a fee, told them that she will make the necessary documents for
the transfer in their name of the lot subject of this case;
k. Respondents agreed to further bolster their right over the said parcel of land and to further
end any question as to their right over the said parcel of land;
l. After a few months, Mercedes presented a new Tax Declaration in the name of the
respondents over the lot subject of this case;
m. By this reason, respondents were happy because a new Tax Declaration was issued in their
favor;
n. Because of this, they paid Mercedes her fee;
o. Last month however, respondents received complaint for falsification, with no clue as to the
reason behind the said case as above-entitled;
p. Perusing the said complaint, respondents found out that a questionable deed was executed
in their favor;
q. They never appeared before the notary public nor did they knew about the questionable
deed;
r. To reiterate, As legal heir, by intestate succession, respondents Ballen are entitled to the
parcel of lot subject of the said questioned deed, even if there is no positive act on their
part;
s. As the legal heirs, they are in good faith as they are the real owners of the property subject
of the questionable deed.

Wherefore, premises considered, it is respectfully prayed to this Honorable Office that the
instant, criminal complaint against us be DISMISSED.

Further, the responden respectfully prays for such and other relief as may be deemed just and
equitable in the premises.

IN WITNESS WHEREOF, we have set our hand this 2nd day of October 2017, Lingayen,
Pangasinan.
_________________________ ________________________

DANIEL S. BALLEN ABEL S. BALLEN

Respondent Respondent

SUBSCRIBED AND SWORN to before me on the above stated date and place.