Scribd
Upload
4K views3 pages

BP22 Counter Affidavit

This document is a counter-affidavit filed in response to a complaint of estafa or fraud over a dishonored check. The respondent denies claims of deceit and abandons the check, instead offering to issue a new check or partial payment. Attached is a letter from the respondent explaining the dishonored check was due to business losses and offering to issue a new check.

Uploaded by

Jane Sudario
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
4K views3 pages

BP22 Counter Affidavit

This document is a counter-affidavit filed in response to a complaint of estafa or fraud over a dishonored check. The respondent denies claims of deceit and abandons the check, instead offering to issue a new check or partial payment. Attached is a letter from the respondent explaining the dishonored check was due to business losses and offering to issue a new check.

Uploaded by

Jane Sudario
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 3

Republic of the Philippines

Department of Justice
NATIONAL PROSECUTION SERVICE
Tacloban City Prosecutor’s Office
Justice Hall, Magsaysay Blvd., Tacloban City

SPOUSES “Y” IS NO.: 14343


Complainants,
FOR: Violation of B.P. Blg. 22
and
ESTAFA
-versus-

“M”,
Respondent
x------------------------------------------x

COUNTER-AFFIDAVIT

DEFENDANT, by the undersigned attorney and to this Honorable Office respectfully


avers that:

1. Defendant admits paragraphs 1, 2, 3, 4, 5 with regards the names, residences

and status of the parties, but refutes portions of other paragraphs, for lack

of adequate knowledge to form as to the truth thereof.

2. Defendant denies particularly paragraph ten (10), claiming that the defendant

after notice of the dishonored check practically abandoned to fund it.

Defendant, through the internet replied dated February 12, 2010 stating that

she was not able to fund the said check due to the series of losses suffered

by her business. As a substitute, defendant will issue another check for the

payment of the said commodities. Moreover, the defendant secured an offering

of twenty thousand pesos (P20, 000.00) as a fractional payment for the

commodities that were received last January of 2010 but the latter denied the

same. Photocopy of said reply letter attached as ANNEX- “E”.

3. Defendant rejects also the contention of the plaintiff that she employed

deceit in the issuance of a dishonored check. In the case of People of the

Philippines vs. Lea Sagan Juliano, the Supreme Court held that in failing to

prove the element of deceit by appellant, that prosecution failed to prove

1|Page
beyond reasonable doubt that appellant is guilty of Estafa under Article 315,

paragraph 2 (d), of the Revised Penal Code. With that, the appellant did not

constitute fraudulent acts that caused damages to the complainant.

4. Defendant also denies paragraph thirteen (13) stating that the existence and

amount of the interest. The agreement was not put into writing rather making

it only a verbal agreement.

WHEREFORE, defendant respectfully prays that the complaint be dismissed due to

lack of merit, with costs against the plaintiff.

Tacloban City, December 8, 2010

ATTY. GAUDENCIO A. CATUBAO JR.

VERIFICATION

Defendant, of legal age, after having duly sworn, deposes and says:

1. That she has caused in the preparation of the foregoing answer with defenses,

and the allegations therein are true and correct of his personal knowledge

and/or based on the reliable records.

2. That she further states that the interest was made in oral and no written

agreement was furnished between them.

Executed this 8th day of December, 2010 at Tacloban City

SUBSCRIBED AND SWORN to before me this December 8, 2010 in Tacloban City, Republic of

the Philippines, affiant being personally known to me, and I certify that I have

personally examined the affiant and I am fully contented that she willfully and

spontaneously executed her affidavit and fully understood all contents thereof.

2|Page
Doc No.: 48

Page No.: 44

Book No.: Y

Series of 2010

ANNEX E

January 20, 2010

SPOUSES “Y”

69 Imelda Veteranos Extension

Tacloban City

Dear Sir and Madame:

I act contrite for the dishonor of said checks due to insufficient funds and

instability of my business. I am willing to issue another check for the said

commodities amounting to one hundred twenty-six thousand, four hundred ninety pesos

(P126, 490.00) during these days.

Truly yours,

“M”

3|Page

You might also like