REPUBLIC OF THE PHILIPPINES DEPARTMENT OF JUSTICE OFFICE OF THE CITY PROSECUTOR DAVAO CITY
MIA CULPA Complainant -VERSUSI.S. NO. _________ FOR: Rape PEDRO C. CARGO Respondent x----------------------------------------------------------------------------------------x COUNTER-AFFIDAVIT
I, Pedro C. Cargo, of legal age, Filipino citizen and a resident of San Miguel, Dumanlas, Davao City, after having been sworn to in accordance with law hereby depose and state that: 1. I am am the the accu accuse sed d in in Cri Crimi mina nal l Cas Case e No. No. ____ ______ __ for for the the crim crime e of of RAP RAPE E und under er Article 266-A of the Revised Penal Code; 2. I am employed as a packer at the Asparagus Packing Plant of the Marsman Drysdale Agriventures Corporation at Polomolok, South Cotabato since November 3, 2009; 3. int;
I admi admit t the the alle allega gati tion ons s in Para Paragr grap aph h 2 of the the Comp Compla lain inan antâ tâs Affidavit-Compla
4. I den deny y the the alle allega gati tion ons s in in Par Parag agra raph ph 4 for for lack lack of know knowle ledg dge e as as to to the the tr uth of the said allegations, the truth being that: a. On the the mor morni ning ng of Marc March h 3, 3, 201 2010, 0, I was was at the the pla place ce of my work work in Polo Polomo mo lok, South Cotabato where I earn P180. daily; b. That at about eight (8) oâclock in the evening of March 3, 2010, I received a call from my brother informing me that the complainant has filed charges again st me for the crime of rape under Art. 266-A of the Revised Penal Code; c. That That I am am the the elde eldest st in the the bro brood od of five five and and is is the the sole sole brea breadw dwin inne ner r of of the family after both of my parents died in a vehicular accident in April 2009;
d. That That in orde order r to to sav save e on on exp expen ense ses s and and incr increa ease se the the amo amoun unt t I send send to my s iblings for their schooling, I seldom go home at our residence in San Miguel, Du manlas, Davao City but instead stay at the company-provided residence quarters d uring the duration of my duty ; e. That That the the las last t tim time e I went went home home was was on on Dec Decem embe ber r 24, 24, 2009 2009 in time time for for the the Christmas break to spend time with my family and that I immediately went back t o Polomolok the next day in order to avail of the premium pay for overtime work;
f. That That I kno know w the the comp compla lain inan ant t as as res resid idin ing g in in the the same same bara barang ngay ay wher where e our our r esidence is located but have not maintained any close relationship with her or h er family; g. That That it is phys physic ical ally ly impo imposs ssib ible le for for me to comm commit it the the crim crime e char charge ged d beca beca use I had been in Polomolok, South Cotabato since December 25, 2009 as I am afte r the renewal of my employment contract should I satisfactorily complete the wor k demands of the five-month probationary period since the start of my employment on November 3, 2009; h. That I have ne never be been to to th the co complainantâs house moreso at seven (7) oâclock the morning of March 3, 2010;
5. The allegations stated in the Affidavit-Complaint are mere malicious fabricat ions by the complainant which may have been spurred by the bitter enmity harbore d by members of her family arising from a property dispute that involved both ou r families, which case had already been decided in finality by the Supreme Court to our favor, and as a result of which the members of the complainantâs family have repeatedly hurled verbal threats against me and my siblings that they would get back at us in whatever way possible. 6. I am exec execut utin ing g this this Coun Counte terr-Af Affi fida davi vit t for for the the purp purpos ose e of atte attest stin ing g to th e truth of the foregoing statements, to inform the proper authorities of the abo ve facts, to support my prayer for the dropping or dismissal of the instant case against me and for whatever purpose this may serve best.
IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of March, 2 010 at Davao City, Philippines.
PEDRO C. CARGO Affiant
SUBSCRIBED AND SWORN TO before me this 8th day of March, 2010 in Davao C ity, Philippines. ROXAN G. APOSTOL Prosecutor I
CERTIFICATION
This is to certify that I have personally examined the herein affiant an d that I am satisfied that he voluntarily executed and understood his statements in this Counter Affidavit. ROXAN G. APOSTOL Prosecutor I
