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    Counter Affidavit Law School

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    Alverastine An
    The document is a counter-affidavit filed by Rolando Balbin in response to a rape charge filed against him by Maria Calay. In the counter-affidavit, Balbin claims that he and Calay were in a relationship and that their sexual encounter was consensual, not rape. He says they had an argument afterwards due to a text message from an ex-girlfriend, and that Calay then threatened to file a rape charge if he did not promise to marry her. Balbin denies the rape allegation and asks for the criminal charge to be dismissed.

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    Counter Affidavit Law School

    Uploaded by

    Alverastine An
    107 views2 pages
    The document is a counter-affidavit filed by Rolando Balbin in response to a rape charge filed against him by Maria Calay. In the counter-affidavit, Balbin claims that he and Calay were in a relationship and that their sexual encounter was consensual, not rape. He says they had an argument afterwards due to a text message from an ex-girlfriend, and that Calay then threatened to file a rape charge if he did not promise to marry her. Balbin denies the rape allegation and asks for the criminal charge to be dismissed.

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    The document is a counter-affidavit filed by Rolando Balbin in response to a rape charge filed against him by Maria Calay. In the counter-affidavit, Balbin claims that he and Calay were in a relationship and that their sexual encounter was consensual, not rape. He says they had an argument afterwards due to a text message from an ex-girlfriend, and that Calay then threatened to file a rape charge if he did not promise to marry her. Balbin denies the rape allegation and asks for the criminal charge to be dismissed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    107 views2 pages

    Counter Affidavit Law School

    Uploaded by

    Alverastine An
    The document is a counter-affidavit filed by Rolando Balbin in response to a rape charge filed against him by Maria Calay. In the counter-affidavit, Balbin claims that he and Calay were in a relationship and that their sexual encounter was consensual, not rape. He says they had an argument afterwards due to a text message from an ex-girlfriend, and that Calay then threatened to file a rape charge if he did not promise to marry her. Balbin denies the rape allegation and asks for the criminal charge to be dismissed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Republic of the Philippines

    Regional Trial Court


    10th Judicial Region
    Branch 29
    Surigao City

    THE PEOPLE OF THE Criminal Case No. 67890


    PHILIPPINES FOR: RAPE
    Plaintiff,

    -versus-

    ROLANDO A. BALBIN

    Accused,
    x---------------------------------------------x
    Republic of the Philippines )
    City of Surigao ) ss

    COUNTER-AFFIDAVIT

    I, ROLANDO A. BALBIN, of legal age, single and a resident of Purok


    6, Brgy. San Juan, Surigao 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. 67890 pending before the Regional Trial Court
    Branch 29-Surigao City;

    2. That I and the complainant, Maria F. Calay are sweethearts before April
    11, 2015 and that we always meet during the weekends at our
    residential house;

    3. That Paragraph 2 of the Affidavit-complaint of Maria F. Calay dated


    May 4, 2015 is strongly denied. The truth of the matter are as follows:
    That around 10:00 am more or less, the complainant visited me at our
    residential house. We watched movies in my room, then we started
    kissing and petting and then we had sexual intercourse. I did not force
    nor coerced her but we voluntarily agree on the acts we did;

    4. That after we had sexual intercourse, the complainant and I had an


    argument regarding a text message I received from one of my ex-
    girlfriend. That after reading the text message, the complainant became
    jealous;

    5. That the following day, I learned through my sister, Teres A. Balbin,


    that the complainant threatened her 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 April 13, 2015, my sister advised me to allow the incident to


    cool down and urged me to go to our Auntie’s house located at Brgy.
    Punta Bilar, Surigao 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 prays that the criminal charge be dismissed;

    IN WITNESS WHEREOF, I have set unto my hand this November 10, 2015,
    in Surigao City Philippines

    ROLANDO A. BALBIN
    Affiant

    SUBSCRIBED AND SWORN to before me this 10th day of November


    2015 in Surigao 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. ANALEE S. ALVERASTINE


    Public Attorney
    Roll of Attorneys No. 62098
    IBP No. 976867/ Surigao City/April 2, 2016
    MCLE Exempt
    PTR Exempt

    Copy furnished:

    MARIA F. CALAY
    Purok 6, Brgy San Juan
    Surigao City.

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