REPUBLIC OF THPHIPPINES)

LILO-AN, CEBU. . . . . . . . . . .)S.S.

COUNTER-AFFIDAVIT

I, JOEVIE Q. HATAMOSA, Filipino, of legal age, and a resident of Poblacion

Oriental, Consolacion, Cebu, after having been duly sworn to in accordance with law, do
hereby depose and say: T H A T -

1. I am the respondent in a criminal complaint for Swindling/Estafa, now pending

investigation before the Office of the Provincial Prosecutor, entitled Rizalie T. Gasal,
complainant, vs. Joevie Q. Hatamosa, respondent, docketed as I.S. No. VII-03-INV-17K-
1338.

2. I specifically deny the charges filed against me by the complainant, as her

complaint is false, baseless, malicious and unfounded, the truth of the matter being
those stated in the succeeding paragraphs.

3. I specifically deny the allegations of the complainant that I committed the

crime of swindling/estafa, it being a fact that I did not deceive the complainant in
contracting my obligation, and neither did I allegedly betray or abuse the trust which
she allegedly gave to me. Besides, I do not know what kind of trust the complainant is
referring to since no trust has been reposed by the complainant upon me.

4. I admit that I approached the complainant sometime in July 16, 2017, as she
is engaged in a lending business, for the purpose of borrowing P275,000.00 from her.
Admittedly, the complainant refused to lend me such amount as the maximum amount
which she could lend to a borrower is only P20,000.00 per person.

5. Since I was really in need of the money as an additional capital to my eatery

business, I then sought the help of my relatives and friends and requested them to
accommodate me for which request, my relatives and friends agreed. In our
accommodation agreement, my relatives and friends agreed that they will be the one
who will borrow the money from the complainant and give to me the amount released
to them, while I will be the one who will pay to the complainant the amount loaned
together with its interests. This accommodation set up which I and my relatives and
friends have agreed was made known to the complainant.

6. Admittedly, twenty (20) persons agreed to accommodate me, and were able
to borrow money from the complainant, but not for an amount of P275,000.00 as she
claimed.

7. Pursuant to the accommodation agreement which I and my relatives and

friends have, I was the one who paid the complainant the installment payments of the
amount borrowed by my relatives and friends from the complainant. In fact, I
personally delivered to the complainant the amounts representing the installment
payments of the amount borrowed by my relatives and friends. Unfortunately, because
of serious business reverses, I was not able to pay in full the complainant the amount
borrowed by my relatives and friends.

8. While it is true that I failed to pay the whole amount of money borrowed by
my relatives and friends from the complainant, I could not be held liable for
swindling/estafa it being a fact that I did not contract the loan with complainant.
Instead, the loan contract was between the complainant and my relatives and friends
who borrowed the money from her. And the accommodation agreement was between
me and my relatives and friends. And strictly speaking, since I have no loan transaction
with the complainant, the latter has no right to demand payment against me. And since
I did not enter into any loan transaction with the complainant, the latter could not claim
that I deceived her, and neither did I betray or abuse the trust which she has given me
for the simple reason that no trust or confidence has been reposed upon me by the
complainant.

9. Since my relatives and friends accommodated me and helped me in my

financial problem, I have no other alternative but to settle the situation with the
complainant and bound myself to pay her the amount borrowed by my relatives and
friends.

10. Since I and my friends and relatives have entered into an accommodation
agreement, the complainant could not validly claim that I mislead her into lending her
money to my friends and relatives, it being a fact that I did not enter into any contract
with her nor make any representations to her when she lent the money to my relatives
and friends.

11. Admittedly, I and the complainant have agreed that I will be one who will
pay the amounts borrowed by my relatives and friends resulting to the execution of a
Compromise Agreement wherein I bound myself to pay the total amount of the loan.
Unfortunately, I still failed to comply with the terms of payment of the said loan
because of my financial constraints.

12. Since I and the complainant already made and executed the Compromise
Agreement, I could not be held liable for the crime of Swindling/Estafa since the
previous act of borrowing the money by my relatives and friends was already novated
by the execution of the said Compromise Agreement and accordingly, the complainant’s
claim would be civil in nature. In short, granting without admitting for the sake f
argument that the complainant has a case against me, the case would not be for
swindling/estafa but for collection of sum of money.

13. There is no truth to the complainant’s allegations that the money borrowed
by relatives and friends amounted to P275,000.00. A perusal from the list of the
transactions which are attached and marked as Annex “A” to “A-21” would show that
the total amount of money lent by the complainant to my relatives and friends is only
P237,500. Further, the same exhibits also showed that several payments have been
made such that the unpaid amount is only __________ and not P275,000.00.

For easy reference, the names of borrowers, amount borrowed and the
payments made are illustrated hereunder:

NAMES OF BORROWERS DATE AMOUNT BORROWED PAYMENTS/INTERESTS

1. May Encarnacion 7-5-2016 P 5,000.00

7. hat they will borrow certain amounts from the complainant, but they shall
give to me business, I requested my relatives and friends to accommodate me for
whsevera
8. l persons to accommodate me
9.
10.
 11. obtained a loan from the complainant in the amount of P20,000.00 but which
amount was however fully paid as will be discussed in the succeeding paragraphs.

At 7:00 o’ clock in the evening of September 14, 2016 I was driving a Toyota Fortuner
bearing Plate No. VFS-327 registered in the name of Elvira Aranas at the barangay road
of Sitio Landing, Catarman, Lilo-an, Cebu. Upon reaching the narrow portion of the said
road, a cargo truck was also travelling towards me.

3. While I and the cargo truck were already side by side with each other, we
encountered a difficulty is passing through each other as the road was not wide
enough to accommodate two approaching vehicles. In my effort to avoid colliding with
ng the cargo truck, I backed up my driven vehicle so as to give way to the cargo truck,
however, in the process of backing up, the right rear portion of my driven vehicle
collided with the front portion of the tricycle which was behind me. As a consequence,
the right rear bumper of my driven vehicle was punctured and scratched.

4. Since my driven vehicle and the cargo truck could not still pass through each
other, I veered my vehicle to the right. In the process, the right front portion of my
driven vehicle collided with the interlink fence at the side of the road. As a
consequence, the right front portion of my driven vehicle was deeply scratched, while
the right front head light and the right side mirror were also scratched.

5. I did not report the incident to the police authorities.

6. I am executing this affidavit to establish the truth and veracity of the

foregoing allegations and for whatever legal purposes this may serve best.

IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of

September, 2016 in Cebu City.

GLENN R. CANETE
Affiant

SUBSCRIBED AND SWORN to before me this _____ day of October, 2016 in

_______________. The affiant exhibited to me his CTC No. 09316556 issued in Lilo-an,
Cebu on February 26, 2016 and whose personal identity is sufficiently established by his
Driver’s License.

Doc. No.
Page No.
Book No.
Series of 2016