Counter Affidavit

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Republic of the Philippines

Regional Trial Court


10th Judicial Region
Branch 1
Butuan City

THE PEOPLE OF THE Criminal Case No. 12345


PHILIPPINES FOR: RAPE
Plaintiff,
-versus-

Mr. X
Accused,
x---------------------------x
Republic of the Philippines)
City of Butuan ) ss

COUNTER-AFFIDAVIT

I, X, of legal age, single and a resident of Purok 1, Brgy. Vicente, Butuan City, Philippines
after having been duly sworn to in accordance with the law depose and say;

1. That I am the same person who is charged with the crime of RAPE in
criminal case no. 12345 pending before the Regional Trial Court Branch 1-Butuan City;

2. That I and the complainant, Ms. V are sweethearts before June 11, 2017 and that we
always meet during the weekends at their residential house;

3. That Paragraph 2 of the Affidavit-complaint of Ms. V dated July 4, 2017 is strongly


denied. The truths of the matter are as follows: That around 6:00 pm more or less, the
complainant invited me to visit her residential house. We drank beer and watch movies in her
room, then we started kissing and petting and then we had sexual intercourse. I did not force
nor coerced her but we voluntarily agreed on the acts we did;

4. That after we had sexual intercourse, the complainant and I went to sleep and was
awoken by the shouting of her sister;

5. That the following day, I learned through a phone call, that the complainant
threatened me that she will file a rape case against me if I will not promise to marry her. I was
so afraid and nervous of what I learned that I could not sleep;
6. That on June 13, 2017, my mother advised me to allow the incident to cool down and
urged me to go to our Auntie’s house located at Brgy. Bancasi, Butuan City. I did not receive any
subpoena and was not given the opportunity to explain my side;

7. That I am executing this affidavit to attest to the truth of the foregoing circumstances
and pray that the criminal charge be dismissed;

IN WITNESS WHEREOF, I have set unto my hand this November 10, 2017, in Butuan City
Philippines

Mr. X
Affiant

SUBSCRIBED AND SWORN to before me this 10th day of November 2017 in Butuan City,
Philippines. I hereby certify that I have personally examined the affiant and that I am satisfied
that he executed the counter affidavit freely and voluntarily.

ATTY. SHERWIN REY S. QUIMOD


Public Attorney
Roll of Attorneys No. 12345
IBP No. 123456/ Butuan City/April 1, 2019
MCLE Exempt
PTR Exempt

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