Republic of the Philippines ) Lucena City ) S.S. COUNTER AFFIDAVIT I, IRENE DESIREE T.

. LADRON, married, residing at Lot 5, Blk 10, Uragon St., Supreme Village, Bgy Almanza, Las Pinas City, under oath, declare that: 1. I am one of the respondents in the criminal complaint with Information Sheet No. 2013 1936 filed by Miriam L. Reyes, Nenalyn L. Pelan, and Rosario O. Ladron before the Office of the City Prosecutor of Lucena City. 2. Said complaint stemmed from the extrajudicial partition with absolute sale entered into between me (Irene) and my mother Marikit C. Talbas Ladron sometime in 2012 involving a parcel of land with TCT No. T-12345 located at Bgy. Tupaay, Lucena City. 3. My father, Pedro O. Ladron left a of 1 parcel of land located in Bgy. Tupaay, Lucena City, with a building built thereon when he died intestate on 20 January 2010. The complainants, my fathers siblings, assert that only them and my mother are the rightful heirs to said parcel of land and believe that my father died without a child. Sometime in 2012, my mother and I entered into a Extrajudicial Partition with absolute sale involving said parcel of land. Learning about this, the complainants filed the instant case against me, my husband Abraham and my mother. They contend that I am not an heir of Pedro and that my real name is Ana Margarita Nicolas Dela Pena and that I am the child of Nikolai Valentin dela Pena and Barbara Mendoza Nicolas and was born on 10 June 1978 in Gumaca, Quezon. 4. I believe that the sole issue in this case is whether or not we are liable for violating said complaint. And the determination of said liability lies on the question of whether or not I am the child of Pedro and Marikit. 5. The complaint should be dismissed outright for lack of cause of action. 6. I admit that I am not the natural child of Pedro and Marikit but I am their adopted child as evidence by a Certificate of Adoption1. While it is true that I am the Biological Daughter of Nikolai Valentin dela Pena and Barbara Mendoza Nicolas and was born on 10 June 1978 in Gumaca, Quezon, and that my name is Ana Margarita Nicolas Dela Pena as what complainant assert, but that was before the adoption was made by my adoptive parents. After the adoption, I was named Irene Desiree Ladron and since then I have been using the name Irene Desiree Ladron as shown by my Baptismal Certificate 2, portions of her elementary, secondary and tertiary yearbooks2, certificate of

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admission to the Philippine bar3 and Marriage Certifcate4 when I got married to Abraham Tolentino. 7. Being an adopted child, I am given by law the same rights as if I were a legitimate child of Pedro and Marikit, made as their legal heir, and entitled to use the surname1 . This is contrary to the complainants assertion that Given that, I succeed to the property of my father, Pedro, in the same manner as a legitimate child.

8. Also, it is provided under the law that in case a decedent dies intestate and a widow or widower and legitimate children or descendants are left, the surviving spouse has in the succession the same share as that of each of the children2.This means that that my mother shall inherit equally from my father. We are the only ones who can inherit the subject parcel of land to the exclusion of the complainants. I admit that my mother and I entered into Extrajudicial Settlement with Absolute Sale which as a consequence the subject parcel of land was transferred in our name, but such is a valid transaction because My mother and I have all the rights to sell the land since we are the co-owners thereof. 9. Even assuming that I have 10. Since the complainants did not inherit anything from my father, they do not have the right to question the Extrajudicial Settlement with Absolute Sale which my mother and I executed over the subject parcel of land much less file a criminal case against us arising from such sale. There is also no basis for their claim of damages.

2. Annex A 2. Annex B