Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR
Quezon City

PEOPLE OF THE PHILIPPINES

Plaintiff,

-versus-
Criminal Case No. 54321
FOR: Kidnapping and Serious
Illegal Detention

WITCH DE JUAN
Torre de Beda, Cubao
Quezon City
Accused.

COUNTER- AFFIDAVIT

I, Witch De Juan, of legal age, and a resident of Torre de Beda, Cubao, Quezon City,
after being sworn to in accordance with law, depose and state:

1. That I am the accused in the Criminal Case No. 54321 for the crime of
Kidnapping and Serious Illegal Detention.

2. That I deny the allegations in Paragraph 1 of the Complaint- Affidavit for

lack of knowledge as to the truth of the said allegations, the truth being
that:
a. Princess Rapunzel de los Reyes, herein complainant, at a tender
age was abandoned outside Saint Vincent Church in Dupax del Sur,
Nueva Vizcaya on December 13, 2000;
b. Complainant was judicially declared an abandoned child as defined
in Sec. 3(e) of Domestic Adoption Act of 1998 (RA 8552);
c. That I have legally adopted said complainant on May 5, 2004, as
evidenced by the attached decree of adoption, marked as Annex 1;
d. That Sec. 16, RA 8552 provides that “xxx all legal ties between the
biological parent(s) and the adoptee shall be severed and the same
shall then be vested on the adopter(s);
e. That complainant, since the issuance of the adoption order has been
known to be Prinsesa Maria de Juan, as evidenced by the attached
Birth Certificate, marked as Annex 2.

3. That as to the allegation in Paragraph 5, it is very unlikely to be true

there being no proof known to me showing that earnest efforts were made
to locate the complainant, the truth being that I relied on the fact that she
was judicially declared as abandoned child.

4. That I did not knowingly misrepresent myself to be the biological mother

of the complainant as alleged in Paragraph 7 owing to the fact of the
lawful and valid adoption of the complainant. I considered the complainant
as my legitimate daughter, providing her with love, guidance, and support,
which is in accordance with Sec. 17, RA 8552.
5. That as to the allegation in Paragraph 9, it is true that complainant was
diagnosed during her adolescence and is still suffering from a form of
psychosis known as Schizoaffective disorder: bipolar type (SZA) as
evidenced by the medical report and history certified by complainant’s
psychiatrist, marked as Annex 3.

6. That by reason of the complainant’s chronic and mental disorder, it was

made necessary to confine her in Torre de Beda as to avoid her from
causing injury to herself and to others pursuant to the recommendations
of her doctor as evidenced by the attached Medical Report, marked as
Annex 3.

7. That I vehemently deny the allegation in Paragraph 10 and question the

accuracy of the evaluations in the Medical Report (Annex “F”) confirming
the habitual maltreatment of the complainant:
a. That the physical injuries are self-inflicted as it is one of the
behavioral symptoms associated with her mental condition.
Schizoaffective patients tend to have self-harm behaviors and
suicidal thoughts;
b. That the complainant, even before she was adopted and
thereafter diagnosed with Schizoaffective disorder: bipolar type,
has had a history of showing her tendency to inflict self-harm
during her early years while she was in the custody of the Solano
Satellite Children’s Home, Inc., a duly accredited Social Welfare
and Development Agency (SWDA), as evidenced by the affidavit
of the Social Worker marked as Annex 4.
c. That the rope markings were caused when she had an episode
of extreme hyperactivity leading to violence and needed to be
restrained which happened on December 8, 2018. Because of lack
of any other means to immediately restrain her, I resorted to tying
her up with a rope to prevent her from inflicting further injury to me
and herself.

8. That the DNA Result (Annex G) is not admissible as it is acquired

contrary to law and is immaterial to the case. Hence, it cannot be used for
whatever purpose/s:
a. Sec. 4 of the Rule on DNA Evidence provides that the court may
order DNA testing “on application of any person who has legal
interest in the matter in litigation.”:
b. That the order of DNA testing in Paragraph 13 was issued prior
to litigation;
c. That the DNA Result proving paternity of King Hari delos Reyes
is immaterial because complainant has been legally and lawfully
adopted.

9. That I arrived in California to work as Surgical Nurse on October 13, 2000

and stayed there until December 18, 2002 as evidenced by airline ticket
marked as Annex 5 United States Immigration Certification marked as
Annex 6 and Philippine Passport marked as Annex 7.

10. That the allegations in paragraph 4 regarding an unknown malefactor,

who abducted complainant, and myself could not have been the same
person as it was physically impossible for me to be in the Philippines
during the time of the alleged abduction since I was working at that time
as a Surgical Nurse at Long Beach Memorial Medical Center, Long
 Beach, California, United States of America, as evidenced by my
Certification issued by Human Resource Department marked as Annex 8.

11. That at the time that complainant has been allegedly abducted, I was at
Long Beach Memorial Medical Center working as evidenced by
Certification issued by Human Resource Department marked as Annex 8.

12. That the allegations in the complaint do not state the acts or omissions
complained of as constituting the offense of Kidnapping with Illegal
Detention, such as Art. 267, 3. If any serious physical injuries shall have
been inflicted upon the person kidnapped or detained, or if threats to kill
him shall have been made.;

13. That unless otherwise admitted in this Counter-Affidavit, I fervently

deny the material allegations in said Complaint- Affidavit.

14. That as such, the undersigned counsel is constrained to pray for the
immediate dismissal of the complaint for utter lack of merit and for such
other reliefs this Honorable Office of the City Prosecutor may deem just.

15. That I am executing this Counter-Affidavit for the purpose of attesting to

the truth of the foregoing statements, to inform the proper authorities of
the above facts, and for whatever purpose this may serve best.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 25th day of

January, 2019 in Quezon City.

________________
Witch de Juan
Affiant

SUBSCRIBED AND SWORN TO before me this 25th day of January, 2019 in

Quezon City, affiant exhibiting before me her driver’s license No. N0152-375-847
issued in Quezon City on March 5, 2017. I hereby certify that I have personally
examined the affiant and that I am fully convinced that she had voluntarily executed
her counter-affidavit and that she has read the contents thereof which are true and
correct of her own knowledge and information.

__________________
Atty. Pedro Cruz
Notary Public
Roll of Attorneys No. 48756
IBP No. 8623323/ 04-18-16/ Quezon City
PTR No. 3289564/ 03-10-18/ Quezon City