Republic of the Philippines

Department of Justice
OFFICE OF THE PROSECUTOR
CABANATUAN CITY
PETER SICAT,
Complainant,

IS NO.: 11111
FOR: Violation of B.P. Blg. 22

-versusARNEL ROMERO,
Respondent
x------------------------------------------x

COUNTER-AFFIDAVIT
ARNEL ROMERO, by the undersigned attorney and to this
Honorable Office respectfully avers that:
1. Defendant admits paragraphs 1, 2, 3 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 4 and 5, claiming that
the defendant after notice of the dishonored check practically
abandoned to fund it. Defendant, through the internet replied
dated December 05, 2014 stating that he was not able to fund
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 (P25, 000.00) as
a fractional payment for the commodities that were received
last December 06, 2014 but the latter denied the same.
Photocopy of said reply letter attached as ANNEX- A.
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.

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WHEREFORE, defendant respectfully prays that the

complaint be dismissed due to lack of merit, with costs against the
complainant.
Cabanatuan City, November 24, 2014

ATTY. BEN APPLEK

Counsel for the Defendant
Commission Serial No. 143
Until December 31, 2014
Roll of Attorney 66666
IBP No. 222 -08/21/13-Cabanatuan
PTR No. 123-08/30/13-Cabanatuan
VERIFICATION AND CERTIFICATION
I, ARNEL ROMERO, of legal age, do hereby state that: I am
the defendant in the case filed by PETER SICAT for Estafa; in
response, I have caused the preparation of this Answer; I have read
its contents and affirm that they are true and correct to the best of my
own personal knowledge; I specifically deny the genuineness and due
execution as well as the binding effect of the actionable documents
presented by complainant; I hereby certify that there is no other case
commenced or pending before any court involving the same parties
and the same issue and that, should I learn of such a case, I shall
notify the court within five (5) days from my notice.
IN WITNESS WHEREOF, I have hereunto affixed my
signature this 24th of November 2014 at Cabanatuan City, Philippines.
ARNEL ROMERO
Affiant/Defendant
Passport No. 111-111-111
Issued on November 15, 2014
Cabanatuan City, Philippines
SUBSCRIBED AND SWORN to before me this November
24, 2014 in Cabanatuan 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.

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CHRIS HEMSWORTH
Doc. No. 14;
Page No. 3
Book No. 1 ;
Series of 2014.

Notary Public
Commission Serial No. 143
Until December 31, 2014
Roll of Attorney 70444
IBP No. 222 -08/21/13-Davao
PTR No. 123-08/30/13-Davao

EXPLANATION
Copy of the foregoing ANSWER was served to plaintiffs counsel
by registered mail due to time and distance constraints and for lack of
the undersigneds staff who can serve the same in person.

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