Republic of the Philippines

Department of Justice
NATIONAL PROSECUTION SERVICE
CITY PROSECUTION OFFICE
Masbate City

CHARLEMAGNE VILLANUEVA Y CERVANTES,

Complainant,

NPS. DOCKET NO. V-04-INV-20A-00008

-versus-
-for-

“Slander by deed”

VICENTA VILLAMOR VILLOSO

Bagong Sirang, Brgy. Ibingay,
Masbate City
Accused
X---------------------------------------------X

COUNTER-AFFIDAVIT

I, VICENTA VILLAMOR VILLOSO, of legal age, Filipino, single and residing at

Bagong Sirang, Masbate City, Masbate, Philippines, after having been duly sworn
to in accordance with law, do hereby depose and state THAT:

1. I am the respondent in the case for “Slander by deed”, pending before the
Office of the City Prosecutor’s Office docketed as NPS No. V-04-INV-20A-00008;

2. I vehemently deny the allegations raised by the complainant, Charlemagne

Villanueva Y Cervantes, in his complaint-affidavit that I committed the crime he is
imputing against me.

3. Article 359 of the RPC defines and penalizes the crime of Slander by Deed,
to wit:

Article 359. Slander by Deed. - The penalty of arresto mayor in its

maximum period to prisión correccional in its minimum period or a fine
ranging from Twenty thousand pesos (₱20,000) to One hundred thousand
pesos (₱100,000) shall be imposed upon any person who shall perform any
act not included and punished in this title, which shall cast dishonor,

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 discredit or contempt upon another person. If said act is not of a serious
nature, the penalty shall be arresto menor or a fine not exceeding Twenty
thousand pesos (₱20,000).

4. In Villanueva v. People, the Court thoroughly discussed the nature of

Slander by Deed:

“Slander by deed is a crime against honor, which is committed

by performing any act, which casts dishonor, discredit, or contempt
upon another person. The elements are (1) that the offender
performs any act not included in any other crime against honor, (2)
that such act is performed in the presence of other person or persons,
and (3) that such act casts dishonor, discredit or contempt upon the
offended party. Whether a certain slanderous act constitutes slander
by deed of a serious nature or not, depends on the social standing
of the offended party, the circumstances under which the act was
committed, the occasion, etc. It is libel committed by actions rather
than words. The most common examples are slapping someone or
spitting on his/her face in front of the public, in full view of a crowd,
thus casting dishonor, discredit, and contempt upon the person of
another.”

5. No proof was ever presented by the complainant, except those affidavits of

his family members which without doubt would support his lies.

6. There is NO TRUTH to the statements that I committed the “slanderous” acts;

7. For in truth and in fact, I attended the Holy mass and went to Gaisano Capital
Mall afterwards, as my weekly Sunday routine. Accidentally, I saw Amelia
Villanueva y Salazar with her family, also walking and roaming around the small
Gaisano Mall premises. I talked to her silently about her loan when suddenly her
husband, Charlemagne Villanueva y Cervantes, appeared with so much anger
and displeasure. He insulted, cursed, and even attempted to intimidate me by
trying to move almost too close to me, that I had no recourse but to slightly push
him away from me.

8. Common sense has it that how can I, with my physique, slapped and
threaten a man in public when all that I wanted to do was to unwind and walk
around the mall. I will never waste my time following them from the Church to
Gaisano Mall, for the small amount, as alleged by one of the witnesses.

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 9. There is no truth to the allegation that I dishonored and discredited upon
the person of Charlemagne Villanueva y Cervantes due to the fact that there is no
status or social standing to be dishonored and discredited in the first place.

10. In fact, as a bonafide member of Bureau of Jail Management and

Penology (BJMP), a uniformed-personnel, I was the one who was discredited and
dishonored in public.

11. As such, I am executing this Counter-Affidavit to attest to the truth of the

foregoing statements and to pray upon the Investigating Prosecuting Attorney to
resolve the case in favor of herein Respondent for “Slander by Deed”.

IN WITNESS WHEREOF, I hereunto affix my hand this ____ day of February, 2020
in the City of Masbate, Philippines.

VICENTA VILLAMOR VILLOSO

Affiant

SUBSCRIBED AND SWORN to before me this _______day of February, 20120 in

the City of Masbate, Philippines.