Republic of the Philippines

DEPARTMENT OF JUSTICE
National Prosecution Service
OFFICE OF THE TAGBILARAN CITY PROSECUTOR
Tagbilaran City

SERENCIA MANLANGIT-NAMUAG.,
and
JERRY ALALONG
Represented by KYNA MAORI C. FLORES
Complainant,

NPS No.VU-14-INV-17F-0162-163
For: FALSIFICATION OF
PRIVATE DOCUMENTS and
ESTAFA
- versus

FLAVIA MANLANGIT-MERILLES
Respondent.
x---------------------------------------------------------------/

COUNTER AFFIDAVIT

I, FLAVIA MANLANGIT-MERILLES, of legal age, Filipino, and

with address at No. 32 Apovel Subdivision, Bulua, Cagayan de Oro
City, after having been duly sworn to in accordance with law do
hereby depose and say:

1. The I am the respondent in the above entitled Attached

hereto is a copy of the Resolution marked as Annex A;

2. That in the same case filed by the complainants, the same

filed a Motion for Reconsideration which was also denied by
the Honorable Office of the City prosecutor for lack of merit.
Attached hereto is a copy of the resolution for the motion
reconsideration marked as Annex B;
 Page 2 of 6

3. That this complaint is just a rehash of the old complaint filed

by the same complainant against me with the primary
purpose of evading their obligation of paying me the rental
fees which I demanded from them but nevertheless, I hereby
submit the same defenses as I have in the same case filed by
the complainant which was dismissed by the Honorable
office of the City Prosecutor;

4. That since this instant case with the same allegations and
facts has already been

5. That Complainant claims that I committed the above-

mentioned crime in violation of Article 172 of the Revised
Penal Code of the Philippines;

6. That the instant complaint is untrue, baseless and purely

malicious. The truth of the matter are as follows:

a. That I am the registered owner of the land occupied by

the complainant corporation;

b. That it was sometime on 2009, that I agreed to lease my

building and land subject of this complaint in favor of
the complainant corporation and as a consequence
thereof, we, together with the duly authorized
representative of the corporation named Joy L. Khu,
executed a Contract of Lease dated September 2009;

c. That however, the said contract contained no provision

for the amount of the monthly rental to be paid by the
corporation as lessee of my property. As a
consequence thereof, the said contract of lease was
void ab intio for having no valuable consideration;

d. That in view of the fact that the Contract of Lease

dated September 2009 is void, we executed another
Contract of Lease dated April 11, 2011, in order to
correct and fix the necessary terms and conditions of
our contract and legally bind us to the said agreement.
The April 11, 2011 Lease Contract was also signed by
the same Joy L. Khu, together by the Operations
Manager of the corporation named Alexander Lacdo-o.
I did not object that Joy L. Khu signed in behalf of the
stated Board Member Medar Bollozos because Medar
 Page 3 of 6

Bollozos was not even a signatory to the original

contract as it was Joy L. Khu herself who signed the
first lease contract and it was very natural and logical
that she sign the amended or new contract of Lease. It
was then notarized by Atty. Bueanaventura E.
Sagrado. It is then a public document binding to the
whole world;

e. That in the said second lease contract, the amount of

rent was now clearly fixed at Fifty Five Thousand
Pesos (Php55,000.00) per month, thus making the
second contract valid and binding while effectively
abandoning and cancelling the first, but void, contract
of lease;

f. That thereafter, despite several demands and the

existence of the second Contract of Lease, the
Complainant stubbornly refused and continues to
refuse to pay the stipulated monthly rentals, in gross
violation of the contract of lease dated April 04, 2011;

g. That by reason of the Complainants non-payment, I

decided to sell my said property including the portion
the Complainant herein is renting. In spite of the
Complainants obstinately uncooperative attitude
toward our agreement, I still decided to offer the sale
of my said property to the Complainant before offering
the same to anybody else;

h. That after I offered the Complainant the opportunity to

buy my said land, the Complainant agreed and told
me that they will purchase my said property;

i. That however, for reasons unknown to me, the

Complainant failed to purchase my property for an
unreasonable length of time;

j. That by reason thereof, I decided to send the

Complainant a notice which contains, among others,
an ultimatum to purchase my said property with a
condition that if in case they will fail to do so I will be
forced to terminate our lease contract and thereafter
evict them from my property. Copies of the
 Page 4 of 6

notices/letters are hereto attached as Annex 1 and

2 with sub-markings;

k. That sometime on January 2015, I was surprised that

the Complainant, instead of performing their part of
our agreement, filed the instant case against me.
Instead of paying the agreed monthly rentals of
PhP55,000.00 a month, they tried to evade their legal
obligation by filing this sham and malicious complaint;

7. That it is crystal clear from the foregoing that the Complainant

initiated the case at hand for purposes of harassment and
revenge against me for lawfully exercising my right as the
lessor/owner of the property the Complainant is occupying,
and as a vain attempt to avoid paying to me the monthly rentals;

8. That it is noteworthy to consider the fact that the answers of

affiant Kyna Mori C. Flores (hereinafter referred to as Ms.
Flores), the supposed authorized representative of the
Complainant corporation, in her Judicial Affidavit/Complaint
are denied for having no basis and purely hearsay as the said
Judicial Affidavit/Complaint failed to establish the fact that Ms.
Flores had personal knowledge as to the facts testified to by her
and to the surrounding circumstances of the execution of the
two (2) disputed contracts as she is neither a party nor a witness
to either of the same;

9. That in view of Ms. Flores lack of personal knowledge as to the

facts testified by her in relation to the case at hand, the
complaint against me should be dismissed;

10.That furthermore, assuming arguendo that the second contract

of lease is indeed falsified, the presumption of regularity of the
genuineness and due execution of the said Contract of Lease
must prevail over baseless allegations and mere speculations of
falsification since the same is a public document for having been
notarized in accordance with law by a Notary Public;

11.Finally, it is noteworthy to remember that neither Medar

Bollozos (the Board of Director) and Alexander Lagco-o (the
Operations Manager) did not execute any affidavit as witnesses
to this complaint --- surely because they do not want to perjure
themselves in this malicious suit. Where then is Joy L. Khu? She
was a signatory to the tow contracts of lease, and now that her
 Page 5 of 6

daughter Karen Kristine Khu-Garcia (the supposed Corporate

Secretary of NMDCI) has signed the Board Resolution to file this
suit, Joy L. Khu is as silent as a lamb? Is this not a clear case of a
family complaint initiated over the breakfast table to harass me
and not to pay rentals to me?

12.That in the Falsification by Private Individual and Use of

Falsified Document, the element of fraud to obtain some
financial benefit is an element. In this case, there was never any
fraud to collect the rentals as there is indeed a written and
notarized contract of lease dated April 04, 2011 and there is a
building which is actually rented and use, occupied and being
enjoyed by the corporation to my prejudice and financial loss as
I was never paid any rentals by the corporation. It is the height
of Unjust Enrichment committed by NMDCI by taking
advantage of my kindness and patience, and now they falsely
charge me of a crime that I never committed;

13.That I was forced to hire a lawyer to defend me in this malicious

suit and for which I spent at least PhP100,000.00 as Attorneys
Fees and for which reason I am hereto filing a Counter-Charge
against Kyna Mori C. Flores and Karen Kristine Khu-Garcia for
MALICIOUS PROSECUTION OF AN ACTION, PERJURY and
for UNJUST VEXATION, in order to warn them and imprison
them for filing this false charge.

14.That I am executing this affidavit also for the purpose of

refuting the false and malicious charges levied by the
Complainant against me and for whatever legal purpose that
this may serve.

IN WITNESS WHEREOF, I hereunto affix my signature this

____ day of July 2017 at Cagayan de Oro City, Philippines.

ENRICO N. NAVE
Affiant/Respondent
 Page 6 of 6

SUBSCRIBED AND SWORN to before me this ___ day of December

2015 by ENRICO N. NAVE with Drivers License No. K02-04-104191
issued in Cagayan de Oro City and with expiry date on 07/22/2016.

I HEREBY CERTIFY that I have personally examined the

affiant and am satisfied that he has read and understood his
affidavit, the contents of which they he has personal knowledge.

Copy Furnished:

KYNA MORI C. FLORES

Authorized Representative of Complainant Corporation
NORTHERN MINDANAO DIALYSIS, INC.
#88 J. Ebarle St., Cagayan de Oro City