Republic of the Philippines

Department of Justice
NATIONAL PROSECUTION SERVICE
CITY PROSECUTOR’S OFFICE
Tagbilaran City, Bohol

EMMA HO, CC 1850-N

Complainant/s.

-versus- FOR: ORAL DEFAMATION

WAGI PAR,
Respondent/s.
x--------------------------------------------/

COUNTER AFFIDAVIT

I, WAGI PAR, of legal age, single, Filipino citizen, and a resident of Lindaville
Subdivision, San Isidro, Tagbilaran City, after having duly sworn to in accordance with
law do hereby depose and state that:

1. I received a subpoena on January 29, 2020 directing me to file my answer to the

complaint of my neighbor Emma Ho for oral defamation within 10 days from
receipt thereof;

2. That Paragraph 2 of the complainant’s Sworn Statement dated January 24, 2020 is
denied. The truths of the matter are as follows:

a. That in the afternoon of January 10, 2020 at about 5:00 pm, while I was
walking home, when I encountered my neighbor EMMA HO, fumbling
towards me and all of a sudden showed me her phone which contained
text messages together with intimate photos between complainant and
BERDUGO JONES, who is my boyfriend;

b. That the complainant was clearly intoxicated when the incident occurred
since she smelled like alcohol and acted disorderly. The owner of the bar,
where the complainant went drinking, can corroborate my statements and
her affidavit ,an order receipt and a CCTV footage is hereto attached as
ANNEXES “A”, “B” and “C" respectively;

3. That it was true that I uttered, “Burikat ka. Gi ilog nimo akong uyab!” But it was
said out of hurt and anger which was not intended to humiliate her;

4. That there is no probable cause for oral defamation since I did not utter those
words in public since the street was empty and we were the only ones who heard
 the statements I had made. The statement was not intended to degrade
complainant but was said at the heat of anger and;

5. That it would be impossible for the complainant’s witness-CLAIRE PAKLAY to

have videotaped the incident complained of since she was in Wuhan, China
volunteering to find a cure for the Corona Virus. A photo of Claire Paklay’s
passport and a newspaper clipping to prove said facts are hereto attached as
ANNEX “D” and “E”;

6. The allegations stated in the Affidavit-Complaint are mere malicious fabrications

by the complainant which may have been spurred by the bitter enmity harbored
by the complainant arising from her desire to take my boyfriend away from me;

7. I am executing this counter affidavit in order to attest to the truth and veracity of
the foregoing statements and to refute the allegations of Emma Ho in her
Affidavit Complaint.

IN WITNESS WHEREOF, I have hereunto set my hands this 5 th day of February,

2020 in the City of Tagbilaran, Bohol, Philippines.

WAGI PAR
Affiant

SUBSCRIBED AND SWORN TO before me this 5th day of February in the City of
Tagbilaran, Bohol, Philippines. I certify further that I have personally examined herein
affiant and I am satisfied that she understood the contents of her counter affidavit and
voluntarily executed the same.

ELSA F. ROZEN
Assistant City Prosecutor

ANNEX “B”
 An order receipt signed by the complainant confirming that she was in MODE BAR, consuming 6
grande bottles of Red Horse, before the incident complained of happened

ANNEX “D”
 A photo of CLAIRE PAKLAY’s passport which proves that complainant’s witness was in
Wuhan, China when the incident occurred, making it impossible for said witness to have
videotaped what had happened on January 10, 2020.

ANNEX “A”
Republic of the Philippines )
City of Tagbilaran ) S.S.

AFFIDAVIT

I, COCO CO, Filipino, of legal age, married and a resident of San Isidro
District, Tagbilaran City, Bohol, after having been duly sworn to in accordance
with law, do hereby depose and state;

1. That,I am the owner of MODE-BAR which is located in San Isidro,

Tagbilaran City;
2. That, I personally witnessed EMMA HO, in my bar on January 10,2020,
who ordered 6 litro bottles of Red Horse Beer and consumed the said
alcoholic beverages in my bar;
3. That EMMA HO was already drunk when she left my bar at around 4:40 in
the afternoon;
4. That I execute this affidavit to attest the truth of the statement made in
WAGI PAR’s counter affidavit.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed

my signature this 3rd day of February 2020 at Tagbilaran City, Bohol,
Philippines.

COCO CO
Affiant/Witness

SUBSCRIBED AND SWORNTO BEFORE ME this 3 rd day of February 2020

after affiant exhibited to me her Non-Professional Driver’s License No. G03-12-
000420 issued by the Land Transportation Office of Tagbilaran City, Bohol,
Philippines as competent proof of her identity.

CORTANA W. INDO
Notary Public

A sworn statement made by the owner of MODE BAR proving that complainant was
drinking in the said bar before the incident occurred
 ORAL DEFAMATION
COUNTER AFFIDAVIT

WITNESS AFFIDAVIT

EVIDENCE

LEGAL FORMS MAE A. TRABAJO JD3

ANNEX “C”
A CCTV footage which shows that complainant was drinking alcohol in MODE BAR before the incident
took place on January 10, 2020

ANNEX “E”
 A news paper clipping that will prove that the complainant’s witness could not have videotaped the
incident that happened on January 10, 2020 since said witness was in Wuhan, China volunteering to
find a cure for the Corona Virus