REPUBLIC OF THE PHILIPPINES DEPARTMENT OF JUSTICE OFFICE OF THE PROSECUTOR CEBU CITY FRANKLIN D. LOGARTA Complainant,
-versusNOELA ANTONIA P. LOGARTA, JOANNAH P. PREDOG, MICHELLE G.ABSIN and BERMUNDA A. ELVIRA, Respondent. x---------------------------------------/
I.S. No. 0002 For: Robbery (with Force Upon Things) in an Uninhabited Place
JOINT COUNTER-AFFIDAVIT OF THE RESPONDENTS OF NOELA ANTONIA P. LOGARTA, JOANNAH P. PREDOG, MICHELLE G.ABSIN and BERMUNDA A. ELVIRA THE UNDERSIGNED RESPODENTS respectfully state: We, NOELA ANTONIA P. LOGARTA, JOANNAH P. PREDOG, MICHELLE G.ABSIN and BERMUNDA A. ELVIRA, of legal age, single and a resident of Basak-Quiot, Cebu City, after being sworn to in accordance with law, do hereby depose and state that: 1.
We have been made respondents in I.S. No. 0002, a charge for Robbery with Force Upon Things in an Uninhabited Place by the herein complainant on June 30, 2016 before the Office of the City Prosecutor of Cebu City;
2.
On July 15, 2016, we received a Subpoena from said Office requiring us to submit a Counter-Affidavit within ten (10) days from such receipt;
3.
The charge is based on the allegation that we conspired with one another in carting away two (2) computer monitors from the house of said complainant;
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4.
We specifically deny paragraph 6 of the Affidavit Complaint alleging that we were told by herein complainant to stop what we were doing but we immediately left the house for the truth being that upon leaving, we saw complainant Franklin Logarta. Accused Noela Logarta then told complainant that she does not want any trouble and was merely getting her two old computer monitors to sell them. Complainant then asked accused Noela Logarta why she was selling them to which the latter answered that it is to add up to her savings. We then left the house after accused Noela Logarta asked permission to leave to which the complainant replied in the affirmative;
5.
We specifically deny paragraph 9 of the Affidavit Complaint submitted by the complainant alleging that we broke the padlock of the complainant’s gate of his house for the truth being that when we went there on June 30, 2016 at around three o’clock in the afternoon to get the two computer monitors owned by herein accused, NOELA ANTONIA P. LOGARTA, we noticed that the padlock on the gate of the house was already broken;
6.
I, Noela Logarta, admit paragraph 13 of the Affidavit Complaint alleging that complainant engraved his initials at the base of the two old computer monitors. But I also specifically deny the same paragraph for the truth being that mine and my mother’s initials were also engraved at the base of the said monitors. The engravings are worded as “FR. FL & NL” Princess Noela;
7.
We specifically deny paragraph 14 of the Affidavit Complaint suing us under the Revised Penal Code provisions particularly Article 293 in relation to Section Two – Article 300 and Article 302 for the truth being that: a. Herein accused cannot be sued for more than a single cause of action as provided under Section Three of Rule Two of the Revised Rules of Court which states that “A party may not institute more than one suit for a single cause of action.”; b. Herein accused has not violated the provisions under Article 293 of the Revised Penal Code for the two computer monitors are owned by accused Noela Logarta given to her as gifts by complainant; c. Herein accused has not violated the provisions under Article 300 of the Revised Penal Code for we were unarmed when we went to the house located in #21 2nd St. Mountain View, Basak-Quiot, Cebu City and we have no plan and intention to rob the said house; d. Herein accused has not violated the provisions under Article 302 of the Revised Penal Code for we have gained entrance to the house through the use of a duplicate key owned by herein accused Noela Logarta. PRAYER Page 2 of 3
WHEREFORE, premises considered, it is respectfully prayed that the instant criminal complaint be DISMISSED for lack of merit. Further, the respondents respectfully pray such and other reliefs as may be deemed just and equitable in the premises. TO THE TRUTH OF THE FOREGOING, we have signed this CounterAffidavit on July 20, 2016. Affints: NOELA ANTONIA P, LOGARTA JOANNAH P. PREDOG
MICHELLE G.ABSIN
BERMUNDA A. ELVIRA
SUBSCRIBED and SWORN TO BEFORE ME, this 20th day of July 2016 at Cebu City.
ATTY. FAITH ROLLAN Counsel for Defendant Suite 902, 9Floor, Ayala Life-FGU Center, Mindanao Avenue, Cebu Business Park, Cebu City; Until December 31, 2017 Roll of Attorney No. 8268 PTR No. 1235-01, January 3, 2014, Cebu City IBP No. 9876-01, January 3, 2014, Cebu City MCLE Compliance No. I-0009887 – 10/21/16
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