Republic of the Philippines

Department of Justice
PROVINCIAL PROSECUTION OFFICE
Virac, Catanduanes

THE PEOPLE OF THE

PHILIPPINES
Complainant, NPS No. V-II-INQ-19H-00279
- versus - For: Violation of Section 5 (i) of RA
9262

HERVE TABO JR Y
MERIOLES
Respondent.
x------------------x
THE PEOPLE OF THE
PHILIPPINES
Complainant, NPS No. V-II-INQ-19H-00113
- versus - For: Violation of Section 5 (e-2) of
RA 9262

HERVE TABO JR Y
MERIOLES
Respondent.
x------------------x

COUNTER-AFFIDAVIT
I, HERVE TABO JR Y MERIOLES , of legal age, and a
resident San Isidro Village, Virac, Catanduanes having been duly sworn
in accordance with law, depose and state that:

1. I the am respondent in the above-captioned cases;

2. The acts alleged in the complaint and in the affidavits supporting it

do not sufficiently show that the offense of violations of Section (i)
and 5 (e-2) of RA 9262 had been committed and/or that I am
probably guilty thereof and thus should be held for trial;

3. The truth of which is that, I never uttered those words. The

complaint even admitted that I am under the influence of liquor that
time so how can I sharpen the knife and even threaten my
children;

4. With respect to giving of support, the private complainant can

attest herself that I am providing support in whatever means I can.
Because I lost trust to my estranged wife, I was giving it directly to
 my children sometimes and they can attest to it. In this note, I
believe it is best for this good office to conduct preliminary
conference in order to know from the children themselves if I
indeed reneged from my obligations as their father;

5. I submit that these were all fabricated because my wife wanted to

get rid of me, blaming me with what happened to our relationship
and she wanting to have another man;

6. Thus, I execute this affidavit to attest to the truth of the foregoing,

SPECIFICALLY, FOR THE DISMISSAL OF THE INSTANT
COMPLAINTS FOR LACK OF SUFFICIENT BASIS TO SHOW
THAT PROBABLE CAUSE EXISTS THAT OFFENSE OF
VIOLATIONS OF SECTION (I) AND 5 (E-2) OF RA 9262 HAD
BEEN COMMITTED AND/OR THAT I AM PROBABLY GUILTY
THEREOF AND THUS SHOULD BE HELD FOR TRIAL;

IN WITNESS WHEREOF, I have set my hands this 13 th day of

August 2019 at Virac, Catanduanes, Philippines.

HERVE TABO JR Y MERIOLES

Affiant

SUBSCRIBED AND SWORN to before me this 13th day of August

2019 at Virac, Catanduanes.

CHRISTIAN R. SANTONIA
Public Attorney II
Pursuant to R.A. 9406

Copy Furnished:
Republic of the Philippines )
Province of Catanduanes )
Municipality of Virac ) SS.
x----------------------------------x
ANNEX A

AFFIDAVIT OF WITNESS
I, MA. LUISA CALLA, of legal age, Filipino, single and a resident of
Palnab del Sur, Virac, Catanduanes after being duly sworn in accordance with
law, depose and state:

1. That I personally witnessed the confrontation between

RENEHARD TERRY and RUBY ANN MORALES MACEDA on June 8,
2019 at around 6:00 in the evening at Brgy. San Isidro Village, Virac,
Catanduanes;

2. That I heard that RENEHARD TERRY trying to ask RUBY

ANN MORALES MACEDA why they were doing that things to them.
That along their conversation, I heard RENEHARD TERRY uttered -
“AYOS ANG GIBO MO, KAMU PA ANG MAY KUSOG BOOT
MAGBALIK BALIK SAMONG LUGAR, NANG IINSULTO PA KAMU.”

3. Then shortly ROSNER JOHN NAZARENO came over to

the place and sympathizing with his cousin, he also uttered - “SIMBAG
PA, SIMBAG PA RUBY ANN, IPAKULONG MO PA SI TIYO KO. DAE
KAMONG MGA SUPOG KAMO NA ANG MAY SALA, KAMO PA ANG
MATIBAY.”

4. That I never heard RENEHARD TERRY and ROSNER

JOHN NAZARENO saying those statements to RUBY ANN
MORALES MACEDA. In fact, it was RUBY ANN MORALES MACEDA
who seemed to be very proud. She was not crying and even making
face;

5. That I execute this affidavit to attest to the truth of the

foregoing, to affirm that the same are true and correct to the best of my
knowledge and belief, and for whatever lawful purpose that this affidavit
may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 1st day

of July 2019 at Virac, Catanduanes.

MA. LUISA CALLA

Affiant
 SUBSCRIBED AND SWORN to before me this 1st day of June
2019 at Virac, Catanduanes.

CHRISTIAN R. SANTONIA
Public Attorney II
(Pursuant to RA 9406)
Republic of the Philippines )
Province of Catanduanes )
Municipality of Virac ) SS.
x----------------------------------x
ANNEX A

AFFIDAVIT OF WITNESS
I, MA. LUISA CALLA, of legal age, Filipino, single and a resident of
Palnab del Sur, Virac, Catanduanes after being duly sworn in accordance with
law, depose and state:

6. That I personally witnessed the confrontation between

RENEHARD TERRY and RUBY ANN MORALES MACEDA on June 8,
2019 at around 6:00 in the evening at Brgy. San Isidro Village, Virac,
Catanduanes;

7. That I heard that RENEHARD TERRY trying to ask RUBY

ANN MORALES MACEDA why they were doing that things to them.
That along their conversation, I heard RENEHARD TERRY uttered -
“AYOS ANG GIBO MO, KAMU PA ANG MAY KUSOG BOOT
MAGBALIK BALIK SAMONG LUGAR, NANG IINSULTO PA KAMU.”

8. Then shortly ROSNER JOHN NAZARENO came over to

the place and sympathizing with his cousin, he also uttered - “SIMBAG
PA, SIMBAG PA RUBY ANN, IPAKULONG MO PA SI TIYO KO. DAE
KAMONG MGA SUPOG KAMO NA ANG MAY SALA, KAMO PA ANG
MATIBAY.”

9. That I never heard RENEHARD TERRY and ROSNER

JOHN NAZARENO saying those statements to RUBY ANN
MORALES MACEDA. In fact, it was RUBY ANN MORALES MACEDA
who seemed to be very proud. She was not crying and even making
face;

10. That I execute this affidavit to attest to the truth of the

foregoing, to affirm that the same are true and correct to the best of my
knowledge and belief, and for whatever lawful purpose that this affidavit
may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 1st day

of July 2019 at Virac, Catanduanes.

MA. LUISA CALLA

Affiant
 SUBSCRIBED AND SWORN to before me this 1st day of June
2019 at Virac, Catanduanes.

CHRISTIAN R. SANTONIA
Public Attorney II
(Pursuant to RA 9406)