Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR
Baguio City

NAGOYA DEL MUNDO

Complainant , I.S. No.______________

-versus- For:

NALINLANG KHA VIOLATION OF B.P. 22

Respondent .
x-----------------------------------x

COUNTER –AFFIDAVIT

I , NALINLANG KHA who is of legal age, single, Filipino Citizen and a resident of
No. 123 Kagandahan street, Pacdal, Baguio City, Philippines c/o Karing Law Office,
Room 14. 2nd Floor Alejandro Building, Bonifacio Street, Baguio City under oath
hereby depose and state that:

1. I am the respondent in NPS Docket no. 2-12-INV-12-0345 for ALLEGED

VIOLATION OF B.P. 22 entitled Nagoya Del Mundo –versus- Nalinlang
Kha pending investigation before the City Prosecutor of Baguio City, upon
affidavit complaint filed by Nagoya Del Mundo.

2. I vehemently deny that I deceived the Complainants in the instant case for I
was merely employed as a staff of Mr. Estafador doing clerical jobs and fixing
his schedules for the day and that I was not privy to Mr. Estafador’s business
and did not know what Mr. Estafador did with all that money. In fact, I also
invested some of my money into the corporation before I became employed
by it. All I know was that Mr. Estafador had a lot of Chinese associates he met
frequently here and in Hongkong and Mr. Estafador was investing the money
in stocks in Hongkong.
3. As clearly stated in their Complaint Affidavit, particularly in item 3 thereof, I
was merely introduced as a staff of Mr. Estafador in his Mysterio investment
firm and I was not the one who invited the complainant.

4. In paragraph 4 of the complaint affidavit it was stated clearly that it was not I
who entice them to invest in the company of Mr. Estafador where I work as a
staff and that it was due to the positive testimonies of other investors that made
him invest in the company of Mr. Estafador.

5. I was only working with Mr. Estafador for a few months when I was pressured
to open a BPI account and issue checks to various persons. Mr. Estafador
assured me that there was money to fund the checks and that money would be
regularly placed in my account to fund the checks. As clearly stated in
paragraph 6 that it was Mr. Estafador who initially issued the checks but made
the complainant return it which I am not aware of that pieces of checks were
initially issued. On April 21, 2019 I was ordered by Mr. Estafador to issue the
Checks marked as Annex “A”,”B”,”C” and “D” in the Affidavit –
Complaint saying an amount of one million pesos (P1 000 000) was
transferred in the account he made me open and because I needed the job, I
trusted Mr. Estafador and issued the checks.

6. To reiterate, I never deceived or enticed the complainant to invest. What I did

was to follow the instruction of my employer, Mr. Nalinlang to issue the
checks after he assured me that there was money transferred in that account
he made me open. Hence, there is lack of knowledge on my part that account
was closed.

7. I therefore beg the kind indulgence of the Honorable Investigating Prosecutor

to consider that my liability to the complainants, if there be any, should only
be civil in nature, hence, I respectfully pray that the instant case be dismissed
for lack of probable cause.

8. I am executing this affidavit to attest to the truth and veracity of its contents
and for the pusposes of enlightening the Honorabe Investigating Prosecutor
of what really are the truths and for the necessary DISMISSAL of the instant
case and for all legal intents and purposes this may properly serve.
 IN WITNESS WHEREOF, I have affixed my signature this 13th day of May
2019 in the City of Baguio, Philippines.

NALINLANG KHA
Affiant

SUBSCRIBED AND SWORN to before me 13th day of May 2019 in the

City of Baguio, Philippines. I FURTHER CERTIFY that I have personally
examined the Affiant and I am satisfied that he have read, understood and voluntarily
executed the foregoing affidavit-complaint.

Karingadaadan------- . .
Assistant City Prosecutor