REPUBLIC OF THE PHILIPPINES ) CITY OF CAGAYAN DE ORO ) S.S
COUNTER-AFFIDAVIT
Capti
I, Apipa G. Guro, of legal age, Filipino citizen and a resident of Vamenta, Carmen, Cagayan de Oro City, after having been sworn to in accordance with law hereby depose and state that:
PERSONAL 1. I am the accused in IS no. 08282 for the crime of Estafa thru Falsification of public documents under Article 315 paragraph 2, in relation to Article 172 and Article 48 of the Revised Penal code; 2. I deny the allegation that I misrepresented myself to be Dona Aniqa Ani qa Macara Macarambo mbon-B n-Bacs acsarp arpa a [herei [hereinaf nafter ter “Dona “Dona Ani Aniqa” qa”], ], the truth being that I have been appointed as the attorney-in-fact of Spouses Bacsarpas. As evidenced by their duly notarized Special Power of Attorney copy thereof is attached here as Annex A. 1
In my capa capaci city ty as su such ch,, I sign signed ed and and deli delive vere red d docu docume ment nts s pertinent to the transactions in their behalf. 3. Truth to tell, while I categorically received the proceeds of the said loan from the bank, they were eventually turned over to the Spouses on the same day as evidenced by their acknowledgment receipt, a copy thereof is attached here as Annex B 2 4. The antecedental facts that led to this case can be narrated in this manner : On October 1, 2007, Dona Aniqa went to my house and told me that she and her husband are planning to put up a business. Spouses Bacsarpa also wanted to go to the US for a two (2) months vacation. Since Spouses Bacsarpa were in need of
1
Exhibit “1”
2
Exhibit “1”
BOD
mone money y for for thei theirr busi busine ness ss and and also also for for thei theirr trip trip abro abroad ad,, they they requested me to apply for a loan in their behalf; 4. I agreed to become Spouses Bacsarpas’ attorney-in-fact. As a result, result, the Spouses Spouses delivered delivered to me the owner’ owner’s s duplicate duplicate copy of TCT TCT No. No. T-178 T-17843 439 9 for for purp purpos oses es of cons consti titu tuti ting ng a mort mortga gage ge thereon by executing a Deed of Real Estate Mortgage, which title I delivered to the bank; 5. To this date , Spouses Bacsarpas have not cancelled, revoked or superseded the said Special Power of Attorney, hence, I remain to be their duly appointed attorney-in-fact. 6. All told, I acted within the scope of my authority in obtaining a loan amounting to Php5,000,000.00 and the mortgage of Spouses Bacsarpa’s real property. As the attorney-in-fact of the Spouses Bacs Bacsar arpa pas, s, I was was expr expres essl sly y auth author oriz ized ed to sign sign all all docu docume ment nts s pert pertin inen entt to sai said loan loan.. Henc Hence, e, whil while e I may may have have sign signed ed the the questioned documents in their behalf, I did not commit the crime of forgery. 7. Therefore, the said loan and the documents I executed in behalf of the Spouses were valid, regular and legal. Stated differently, no forgery, falsification, amounting to estafa ever transpired ; 8. I am executing executing this Counter-Affidavit Counter-Affidavit to attest to the the truth that I DID NOT COMMIT THE CRIME OF ESTAFA in whatever form as erroneously and maliciously maliciously alleged by the Complainant. Complainant.
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of December, 2009 at Cagayan de Oro City, Philippines.
ATTESTATION APIPA G. GURO
Affia nt
NAME AND SIGNATURE OF
JURAT SUBSCRIBED AND SWORN TO before me this 15th day of December, 2009 in Cagayan de Oro City, Philippines. I hereby certify that I have personally examined the affiant and that I am fully convinced that she had voluntarily executed her counteraffi affida davi vitt and and that that he has has read read and and unde unders rsto tood od the the cont conten ents ts thereof.
AZRIFA MAMUTUK Assistant City Prosecutor Cagayan de Oro City
Copy furnished by Registered mail: Vincy Jane Polinar c/o South Bank, Kausawagan Branch Cagayan de Oro City