Republic of the Philippines

Department of Justice
NATIONAL PROSECUTION SERVICE
Iloilo Provincial Prosecution Office
Hall of Justice, Bonifacio Drive, Iloilo City

SPOUSES BEA A. CARI AND MARIO D. CARI IS NO.: 14343

Complainants,
FOR: Violation of B.P. Blg. 22 and
ESTAFA
-versus-

LILY C. PO,
Respondent
x------------------------------------------x

COUNTER-AFFIDAVIT

DEFENDANT, by the undersigned attorney and to this Honorable

Office respectfully avers that:

1. Defendant admits paragraphs 1, 2, 3, 4, 5 with regards the

names, residences and status of the parties, but refutes

portions of other paragraphs, for lack of adequate knowledge to

form as to the truth thereof.

2. Defendant denies particularly paragraph ten (10), claiming that

the defendant after notice of the dishonored check practically

abandoned to fund it. Defendant, through the internet replied

dated February 12, 2018 stating that she was not able to fund

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 the said check due to the series of losses suffered by her

business. As a substitute, defendant will issue another check

for the payment of the said commodities. Moreover, the

defendant secured an offering of twenty thousand pesos (P20,

000.00) as a fractional payment for the commodities that were

received last January of 2018 but the latter denied the same.

Photocopy of said reply letter attached as ANNEX- “E”.

3. Defendant rejects also the contention of the plaintiff that she

employed deceit in the issuance of a dishonored check. In the

case of People of the Philippines vs. Lea Sagan Juliano, the

Supreme Court held that in failing to prove the element of

deceit by appellant, that prosecution failed to prove beyond

reasonable doubt that appellant is guilty of Estafa under Article

315, paragraph 2 (d), of the Revised Penal Code. With that, the

appellant did not constitute fraudulent acts that caused

damages to the complainant.

4. Defendant also denies paragraph thirteen (13) stating that the

existence and amount of the interest. The agreement was not

put into writing rather making it only a verbal agreement.

WHEREFORE, defendant respectfully prays that the complaint

be dismissed due to lack of merit, with costs against the plaintiff.

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Iloilo City, March 11, 2020.

Atty. MERYSHEL S. GIANAN

Counsel for the Defendant
Gianan Law Office, The Fiat, Lopez Jaena St., Jaro, Iloilo City
Roll No. 76430 IBP No. 352980 dated 01-02-10
PTR No. 1234567 dated 01-06-15
MCLE Compliance No. 11-00043527 series of 2015,
dated 03-05-15

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 VERIFICATION

Defendant, of legal age, after having duly sworn, deposes and says:

1. That she has caused in the preparation of the foregoing answer

with defenses, and the allegations therein are true and correct

of his personal knowledge and/or based on the reliable records.

2. That she further states that the interest was made in oral and

no written agreement was furnished between them.

Executed this 11th day of March, 2020 at Iloilo City.

SUBSCRIBED AND SWORN to before me this March 11, 2020

in Iloilo City, Republic of the Philippines, affiant being personally

known to me, and I certify that I have personally examined the affiant

and I am fully contented that she willfully and spontaneously

executed her affidavit and fully understood all contents thereof.

Doc. No.___________; KAYELYN F. LAT

Page No.___________; NOTARY PUBLIC for Iloilo
Book No.__________; Commission Serial
Series of 2020. No.______
Until December 31, 2022
Roll of Attorney 76430
IBP No. 352980
PTR No. 1234567
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ANNEX E

January 20, 2018

SPOUSES BEA A. CARI AND MARIO D. CARI

Jalandoni St., Jaro

Iloilo City

Dear Sir and Madame:

I act contrite for the dishonor of said checks due to insufficient

funds and instability of my business. I am willing to issue another

check for the said commodities amounting to one hundred twenty-six

thousand, four hundred ninety pesos (P126, 490.00) during these

days.

Truly yours,

LILY C. PO

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