Republic of the Philippines Regional Trial Court 10th Judicial Region Branch 29 Surigao City
THE PEOPLE OF THE PHILIPPINES
Plaintiff,
Cri$inal Case %o& '()90
*+R RAPE
!ersus
ROLANDO A. BALBIN
"ccused ,
# # # #
Republic of the the Philippines Philippines City of Surigao - ss COUNTER-AFFIDAVIT
., R+/"%+ "& B"/B.%, of legal age, single and a resident of Puro ', Brgy& San Juan, Surigao City, Philippines after ha!ing been duly sorn to in accordance ith the la depose and say3
1& That . a$ the sa$e person person ho is is charge charged d ith ith the cri$e of R"P4 R"P4 in cri$ina cri$inall case case no& '()90 '()90 pendin pending g before before the the Region Regional al Trial Trial Court Court Branch 29Surigao City3 2& That That . and the co$pla co$plaina inant, nt, 5aria 5aria *& Calay Calay are seethe seetheart artss before before "pril 11, 2016 and that e alays $eet during the eeends at our residential house3 7& That Paragraph Paragraph 2 of the "ffida "ffida!itc !itco$pla o$plaint int of 5aria *& *& Calay Calay dated 5ay 8, 2016 is strongly denied& The truth of the $atter are as follos That around 1000 a$ $ore or less, the co$plainant !isited $e at our residential house& e atched $o!ies in $y roo$, then e started issing and petting and then e had se#ual intercourse& . did not force nor coerced her but e !oluntarily agree on the acts e did3 8& That That after e had se#ual se#ual intercou intercourse rse,, the co$plain co$plainant ant and . had an argu$ent regarding a te#t $essage . recei!ed fro$ one of $y e# girl girlfr frie iend nd&& That That afte afterr read readin ing g the the te#t te#t $ess $essag age, e, the the co$p co$pla lain inan antt beca$e :ealous3
6& That the folloing day, . learned through $y sister, Teres "& Balbin, that the co$plainant threatened her that she ill file a rape case against $e if . ill not pro$ise to $arry her& . as so afraid and ner!ous of hat . learned that . could not sleep3 '& That on "pril 17, 2016, $y sister ad!ised $e to allo the incident to cool don and urged $e to go to our "untie;s house located at Brgy& Punta Bilar, Surigao City& . did not recei!e any subpoena and as not gi!en the opportunity to e#plain $y side3 (& That . a$ e#ecuting this affida!it to attest to the truth of the foregoing circu$stances and prays that the cri$inal charge be dis$issed3 .% .T%4SS <4R4+*, . ha!e set unto $y hand this %o!e$ber 10, 2016, in Surigao City Philippines
R+/"%+ "& B"/B.% "ffiant S=BSCR.B4 "% S+R% to before $e this 10 th day of %o!e$ber 2016 in Surigao City, Philippines& . hereby certify that . ha!e personally e#a$ined the affiant and that . a$ satisfied that he e#ecuted the counter affida!it freely and !oluntarily&
ATTY. ANALEE S. ALVERASTINE Public "ttorney Roll of "ttorneys %o& '209) .BP %o& 9(')'(> Surigao City>"pril 2, 201' 5C/4 4#e$pt PTR 4#e$pt
Copy furnished MARIA F. CALAY Puro ', Brgy San Juan Surigao City&
