Republic of the Philippines )

City of Tanjay ) S.S.

AFFIDAVIT

I, ALI ZERNA, of legal age, Filipino, with residence and postal address at
Brgy. Sta. Cruz Viejo, Tanjay City, Negros Oriental, Philippines, under OATH, do
hereby depose and say;

1. On March 8, 2017 at about 10:15 in the morning more or less, I attended a

Barangay Conciliation in Brgy. Palanas, Tanjay City related to a case filed
by Complainant against me due to a dispute over a certain parcel of land;

2. Upon the termination of the barangay proceeding, I decided to stay at the

venue of the hearing to listen to the confrontation of the complainant and
Mr. George Orlino;

3. I hanged at the venue and waited for Kag. Evelia Batiancila to finish the
hearing because I have to inquire if there is a scheduled hearing before the
Lupon of which I am a current member;

4. In the course of the proceeding, Complainant, who was seated 2 meters more
or less from Mr. George Orlino became loud and showed an irate manner to
Mr. George Orlino.

5. Unsatisfied by his shrilled act, he demonstrated a fist sign towards Mr.

George Orlino inciting him (Orlino for a fight);

6. Since I am also a member of the Lupon of Barangay Palanas, Tanjay City, I

asked the Complainant is a reverent way to relax and told him to respect Mr.
Orlino since he ( Mr.Orlino) is already old;
 7. I only reminded him not to stimulate and spur Mr. George Orlino because he
has so many relatives and employees and he might be ______.

8. That such warning was made in good faith and no malice on my part;

9. I fervidly deny the allegation that I uttered the words Bantay ka daghan
tawo si Titing Orlino, Anaon ka or any other words of similar import prior,
during or after the hearing;

10. I vehemently contradict the allegation that I made a signal like slashing by
his throat using my right index finger. This assertion is bereft of any merit
being unfounded and fabricated;

11. Granting that complainant felt worried and anxious, the same cannot be a
good basis for the trying of this case because it is crystal clear that it is his
personal acts that caused him to feel the same;

12. All told, I am executing this Counter- Affidavit to attest to the foregoing
facts and to sustain my prayer that the complaint filed against me be
DISMISSED for failure to charge a crime.

IN WITNESS WHEREOF, I hereunto affix my signature in this document

this ___ August, 2017 in Tanjay City, Negros Oriental, Philippines.

ALI ZERNA
Affiant

SUBSCRIBED AND SWORN to before me this ___ August, 2017 in the

City of Tanjay, Province of Negros Oriental, Philippines, the same is being
CERTIFIED by me upon personal examination of the herein affiant that he
voluntarily executed and understood the content hereof.