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Republic of the Philippines )

Iligan City )

COUNTER-AFFIDAVIT

I, BERLYN S. ELACION, of legal age, Filipino, married and a resident of


Caritas Village, Upper Tominobo, Iligan City, after having sworn to an oath in
accordance with law, in compliance of the SUBPOENA requiring the filing of a
COUNTER-AFFIDAVIT as response to the JUDICIAL AFFIDAVIT-COMPLAINT filed by
a certain EMELYN ROJO Y DATWIN alleging Acts of Lasciviousness against me, do
hereby depose and state that:

1. I admit Paragraphs 1, 2, and 3 of the above-mentioned Affidavit-


Complaint, however, the rest of the paragraphs are denied for either being
without any factual basis or just a mere conclusion of law;

2. I vehemently deny the accusations against me because I could not


have committed the alleged wrongful acts against the person of Ms. Rojo, the
complainant in the above-cited Judicial Affidavit-Complaint, because of several
circumstances/reasons:

3. Being a father of a 12 year old girl, I always treated the complainant


as one of my own as such I do not want her to be harmed just like I would not
want harm to befall on my daughter hence the accusation against me is very
unfortunate;

4. On the early morning of September 12, 2019, I saw Ms. Rojo and
daughter, Divine sleeping on the floor while my father-in-law, Owen N.
Guigayoma was sleeping on the bench in the sala of my house at the above-
mentioned address;

5. Because my daughter, Divine and Ms. Rojo were outside of the


mosquito net which shield them from mosquitoes which are so numerous in our
place, I dragged and properly placed their bodies inside the mosquito net so that
they will not be bitten by mosquitoes;

6. Unknown to my daughter and Ms. Rojo, I have been doing the act of
placing them back inside the mosquito net everytime their bodies are exposed to
mosquitoes;

7. On the other hand, considering the condition and situation of our


house which is small and without even door in the respective rooms, it is
impossible for me to commit anything illegal inside the house without being
notice by the occupants;
8. My very own father-in-law, Owen N. Guigayoma, could attest that on
the time and day the alleged crime was committed nothing unusual or illegal had
happened on the time of the day;

9. I can only surmise that the complaint against me was instigated by


our neighbors who have an ax to grind against me; and

10. I am executing this affidavit to attest to the foregoing statement, to


belie the accusation against me that I committed the crime of Acts of
Lasciviousness against the complainant and for whatever purpose this may validly
serve.

IN WITNESS WHEREOF, I hereunto affixed my signature this _____ day of


December 2019, Iligan City, Philippines.

BERLYN S. ELACION
Affiant

SUBCRIBED AND SWORN TO before me this ____ day of December 2019 in


Iligan City, Philippines.
Republic of the Philippines
City of Iligan

AFFIDAVIT of a WITNESS

I, OWEN N. GUIGAYOMA, of legal age, Filipino, married and a resident of


Upper Tominobo, Iligan City, after having sworn to an oath in accordance with law
do hereby depose and state that:

1. I am the father-in-law of BERLYN S. ELACION, the respondent of a


criminal case of acts of lasciviousness before the Office of the City Prosecutor of
City of Iligan docketed as NPS No. 19k-00528;

2. Being a light sleeper, I can attest to the fact that nothing had
happened that would make BERLYN S. ELACION criminally liable against EMELYN
ROJO Y DATWIN, the complainant of the above-cited criminal case;

3. On the early morning of September 12, 2019, I was actually sleeping


on a bench placed very near the location where the complainant and my
granddaughter slept hence I would know of any untoward incident that could
happen between BERLYN ELACION and EMELYN ROJO Y DATWIN;

4. On said date and time, I did not notice nor experience any
commotion or confusion as a result of the complaint filed by Ms. Rojo against
Berlyn Elacion; and

5. I am executing this affidavit to attest to the foregoing and for


whatever purpose this may validly serve.

IN WITNESS WHEREOF, I hereunto affixed my signature this ____ day of


December 2019, Iligan City, Philippines.

OWEN N. GUIGAYOMA
Affiant

SUBCRIBED AND SWORN TO before me this ______ day of December


2019 in Iligan City, Philippines.

Doc. No. _____;


Page No. _____;
Book No. _____;
Series of 2019.

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