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REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
DAVAO CITY

MIA CULPA
Complainant
-VERSUS-
I.S. NO. _________
FOR: Rape
PEDRO C. CARGO
Respondent
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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 the accused in Criminal Case No. ______ for the crime of RAPE under
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. I admit the allegations in Paragraph 2 of the Complainantâ s Affidavit-Compla
int;
4. I deny the allegations in Paragraph 4 for lack of knowledge as to the tr
uth of the said allegations, the truth being that:
a. On the morning of March 3, 2010, I was at the place of my work in Polomo
lok, South Cotabato where I earn P180. daily;
b. That at about eight (8) oâ clock 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 I am the eldest in the brood of five and is the sole breadwinner of
the family after both of my parents died in a vehicular accident in April 2009;

d. That in order to save on expenses and increase the amount I 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 the last time I went home was on December 24, 2009 in time for 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 I know the complainant as residing in the same barangay where our r
esidence is located but have not maintained any close relationship with her or h
er family;
g. That it is physically impossible for me to commit the crime charged 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 never been to the complainantâ s house moreso at seven (7) oâ clock i
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 complainantâ s 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 executing this Counter-Affidavit for the purpose of attesting 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