Republic of the Philippines

Department of Justice
Cebu City Prosecutor’s Office
4th floor Taft Commercial Center, Osmena Boulevard, Cebu City

CARL CIRE LARA,

Complainant
IS No: 123
FOR: VIOLATION OF BP
22
-v-

JOHN MARK YU
Respondent
x--------------------------------------x

COUNTER-AFFIDAVIT

DEFENDANT, by the undersigned counsel and to this honorable office respectfully avers
that:

1. Defendant admits paragraph 1 of the complaint with regard to his residence, age,
and status;

2. Defendant partly admits Paragraph 2 of the complaint but specifically denies that
the purpose of the issuance of the check was for payment of the debt incurred by him
last November of 2018;

3. The purpose of the issuance of the check was merely to assure the Complainant that
he will pay the debt a week after the issuance of the said check since at that time,
Defendant was still incapable of paying the debt and the debt has become due;

4. The defendant and complainant agreed that the latter will not present the check for
payment before March 2, 2019 in the event that the defendant still fails to pay the
debt a week after the issuance of the check because prior to that date, the defendant
is unable to fund such check;

5. Defendant however was able to pay the debt a week after the issuance of the check
or on February 22, 2019, as evidenced by the hand written Acknowledgement
Receipt executed by the Complainant herein attached as annex “a”;

6. Defendant forgot to retrieve the said check from the complainant and has already
forgotten about it and was only reminded upon the filing of this complaint;
 7. Defendant specifically denies paragraphs 6 & 7 and further denies receipt of any
demand letter from the herein complainant and his counsel.

WHEREFORE, the defendant respectfully prays of this Honorable Office that the
complaint be dismissed for lack of merit with cost against Complainant.

Cebu City, Philippines. April 10, 2019.

ATTY. VIVIAN MALARTE

Notary Public - Cebu City
Roll of Atty. No. 88575
PTR No. 121113, Issued 1/23/19, Cebu City
IBP-Life No. 500226 (Cebu Province), December 29, 2000
MCLE Compliance No. VI-0001152, March 10, 2019
MALAZARTE & Associates Law Offices
Room 12 One Central Hotel Bldg.
Sanciangko St., Cebu City 6000, Philippines
Tel. No. (032)-416-8911; 09277532832