Republic of the Philippines

Department of Justice
National Prosecution Service
OFFICE OF THE PROVINCIAL PROSECUTOR
PROVINCE OF ISABELA
Ilagan City, Isabela

ROBERT BANUZA y BRION,

Complainant, NPS DOCKET NO. II-04-INV-__________

-versus- For: ADULTERY

SESSA BANUZA y LEON and

NICOLAS LAMPASO y SISA
Respondents.
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COUNTER-AFFIDAVIT

I, NICOLAS LAMPASO y SISA, of legal age, Filipino, single and resident

of District West, Brgy. Quezon, San Agustin, Isabela, under oath, hereby depose
and state THAT:

1. I am the same respondent in the above-entitled Complaint. On June 28,

2019, I personally received a Subpoena together with a copy of the Complaint
and its annexes and requiring me to submit my counter-affidavit within ten (10)
days from receipt thereof. I am now seasonably submitting this counter-affidavit
to refute the charge against me;

2. I specifically denied the accusations hurled against us by the

complainant ROBERT B. BANUZA because the same are purely crafted and
designed merely to harass me, the truth of the matter are as follows:

a. I came to know Sessa L. Banuza (Sessa for brevity) on February 05,

2019 when I was invited by my friend Jay Gabasanak to attend a birthday
celebration at San Antonio, Santiago City, Isabela. I have no idea that the
birthday celebrant was the daughter of the sister of Sessa. Sessa was also a
friend of Jay Gabasanak, so the latter introduced Sessa to me. We exchange
phone numbers at that time. Eventually we became friends via text messages;

b. I met Sessa L. Banuza for the second time on April 20, 2019. It was
then a holiday week. I invited her to our house since it was our family reunion at
that time. We have a family rejoicing during the day and in the afternoon I send
her a ride home;
c. Bessa and her child visited me again in our house at District West,
Brgy. Quezon, San Agustin, Isabela sometimes in May 2019. She visited me and
would like to introduce her child to me. We welcome them in our house. We have
chat and in the afternoon, I accompanied them to the terminal to send them
home;
d. Sessa came to our house once more in June 2019. From her looks, I
could sense that she had a problem. I ask her and she opened-up. She told me
that she will totally separate from her husband. She told me that she finds a work
in Tumauini, Isabela and soon she will start working there.

3. The complaints against me for Adultery deserve outright dismissal on

the ground that the facts alleged in the affidavit complaint DO NOT constitute the
crime of Adultery;

4. To be liable for the crime of adultery under the Revised Penal Code, the
following elements must be present, thus;

a. the woman is married;

b. the married woman had sexual intercourse with another man (paramour)
not his husband;
c. the paramour knows that the woman is married.

5. A perusal of the complaint affidavit clearly shows that complainant failed

to state the existence of carnal knowledge between Sessa and I in January 2019.
The complainant did specify with certainty that Sessa and I had sexual
intercourse in the month of January 2019. Nowhere in the Affidavit Complaint
that it states there was sexual congress between me and Sessa. Complainant
jumped into conclusion that we had sexual intercourse base upon statement of
his father-in-law. The private complainant failed to prove the sexual intercourse
much less; he failed to prove that I had a relationship with his wife. The constant
absence of his wife, made Complainant to conclude that I and Sessa are having
a relationship. How can I have a relationship with Sessa when I met her only 4
times? Her frequent absence does not necessarily mean that Sessa is with me.
There was neither proof nor circumstantial evidence offered by the Complainant
to prove the sexual intercourse between me and Sessa. The absence of carnal
knowledge negates the commission of the crime of adultery;

6. As an accused to a crime, I have the right to be informed of the nature

and cause of the accusation against me. The Criminal Complaint states that the
carnal relation took place sometimes in January 2019. For all intent and
purposes, the date of the commission of the crime is too broad and against the
Rule. Section 11, Rule 110 of the Revised Rules on Criminal Procedure
provides, “Date of commission of the offense. – It is not necessary to state in the
complaint or information the precise date of the offense was committed except
when it is a material ingredient of the offense. The offense may be alleged to
have been committed on a date as near as possible to the actual date of
commission.”

7. The criminal complaint states that the offense was committed in January
2019. The date of the commission of the offense is too broad. The date of
commission can be any day of the month of January 2019. How can I prepare for
a good defense in the case like this when I have to think over again, what I have
done for the month of January 2019.

8. All of the foregoing premises considered, it is respectfully

submitted that the allegations in the Affidavit of Complaint do not present a
substantial ground for criminal action of Adultery under Article 333 of the
Revised Penal Code. It is in this light that I most respectfully pray of this
Honorable Office that the instant complaint against me be DISMISSED
FOR FAILURE TO STATE A CAUSE OF ACTION.

I hereby execute the foregoing Counter-Affidavit, to attest to the truth

of the foregoing statements.
 IN WITNESS WHEREOF, I have hereunto affixed my signature this 6th day
of August, 2019 at San Agustin, Isabela.

NICOLAS S. LAMPASO
Affiant

SUBSCRIBED AND SWORN to before me this ___th day of August, 2019

at _________, Isabela. Affiants have read the contents of his counter-affidavit
and he acknowledged before me that the same were explained to him in a
manner and language he speak and understand, he understood the same and
these are true and correct to the best of his knowledge and belief. He exhibited to
me his Community Tax Certificate No._________________ as competent proof
of their identity.

Doc. No. ____

Page No.____
Book Bo. ____
Series of 2019.