1

Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR
Zamboanga City
MARILOU CHAN-ARCIAGA
Complainant,
vs

NPS No. IX-06-INV-16H-00052

For: Concubinage

RAFAEL S. ARCHIAGA, ET. AL.

Respondent.
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COUNTER-AFFIDAVIT
I, RAFAEL S. ARCIAGA, of legal age, married and a resident of Golden
Valley Subdivision, Barangay Sta. Maria, Zamboanga City, after having been
duly sworn to in accordance with law hereby depose and state:
1. That I am one of the respondents in NPS Docket No. IX-06-INV-16H00052 for the crime of Concubinage under Article 334 of the
Revised Penal Code;
2. That I am the legitimate husband of Marilou Chan-Arciaga and we
got married on March 19, 2014, solemnized by Rev. Father Joseph
Wang at the St. Joseph Church, Zamboanga City.
3. That before I became the Bank Manager of Metrobank, Sta. Maria
Branch, I was the Metrobank Manager- San Jose Branch, Zamboanga
City. That on January 29, 2015, I was transferred as manager of
Metrobank Ipil Branch, Zamboanga Sibugay.
3.1
That there were several employees of Metrobank San Jose
Branch that were also transferred in Ipil, Zamboanga Sibugay,
one of which is my best friend Renante A. Besas (Renan for
brevity), a teller as evidenced by the Transfer Order, annexed as
1.
3.2
That when I was in Ipil, I lived in an apartment rented by
the bank for the accommodation of their employees not from Ipil,
Zamboanga Sibugay. Renan was one of my roommates.
3.3
That when we were in Ipil, Zamboanga Sibugay, Renan
meet Krystal G. Garcia (Krystal for brevity) on February 14, 2015
when we were eating our dinner at Southwoods, Ipil, Zamboanga
Sibugay. Krystal was the waitress who served us with our food.
Renan asked for Krystal mobile number. They started as
textmates, became good friends and eventually lovers. Renan
shared to me that he and Krsytal are already in a relationship
and he wishes to bring Krystal to Zamboanga City to meet his

parents. Attached is the affidavit of Renante Besas, annexed as

2.
3.4
Krystal was a frequent visitor in the apartment. He cooked
for Renan and washes his clothes whenever she visits him. The
owner of the apartment Metrobank rented for the
accommodation of their employees, Mr. Greg L. Santos, often
asked me whether Krystal and Renante are lovers. Mr. Greg
Santos told me that he saw Renan and Krystal kissing. I told him
that what Renante Besas told me. Attached is the affidavit of Mr.
Greg L. Santos, annexed as 3.
4. That on April 28, 2015, Renan was re-assigned in Metrobank
Pagadian City. Krystal was left in Ipil, Zamboanga Sibugay. Krystal
was laid off from her work as a waitress in Southwoods Resto so she
decided to approach me and apply for a housemaid. Out of pity and
because she was my best friends girlfriend, I accepted her and
allowed her to stay in one of the rooms in the apartment. Truth is
before I accepted her, I called Renan and told him and he gave a go
signal to accept Krystal as a housemaid.
5. That on August 10, 2015 around 6 oclock in the morning, I went to
the kitchen and saw Krystal almost out of breath in the sink,
vomiting. I panicked so I brought her to the nearest hospital, M.
Simon Hospital. After series of laboratories, Dr. Odessa Albeso
approached and asked if I was the father. I denied and told him the
father was my friend.
5.1
Dr. Albesso showed to me the laboratory test. She
explained that Krystal is one month pregnant. He told me that
Krystal needs to be confined in the hospital for at least one day.
5.2
Right after the conversation, I called Renan and told him
that Krystal is pregnant and in the hospital. Renan asked me if I
could take care of Krystal for a day while he will ask for a leave
from the bank to come over to Ipil.
5.3
As a good friend, I said yes to Renans request. True to his
word, in the afternoon of July 10, 2015, he arrived from Pagadian.
5.4
After Krystal was discharged from the hospital on the next
day, Krystal went home to the apartment and Renan went back
to Pagadian City.
6. That on August 15, 2015, I received a transfer order from Metrobank
stating that I will be transferred from Ipil to Zamboanga City
particularly Sta. Maria Branch. I terminated the services of Krystal
as housemaid.

7. That because I was new to the bank, the Sta. Maria Branch, most of
the time I am supervising the employees personally. I also entertain
clients.
8. That on December 5, 2015, I received a text from Krystal that she in
Zamboanga and looking for a job. She asked me if I could meet her
at Jollibee Camins.
8.1
I called Renan if he knows that Krystal is in Zamboanga
looking for a job. Renan confirmed that and they decided that
when the right time will come, Renan will introduce Krystal as her
girlfriend to his parents.
8.2
Renan asked me to meet Krystal and help her find a job. As
a good friend to Renan and Krystal, I went to Jollibee Camins.
Krystal told me that her parents already knew that she is
pregnant.
8.3
Krystal was crying when she was telling me that her
parents ousted her in their house knowing she was pregnant
without a husband. Krystal told me how conservative her
parents. Krystal told me that after she was kicked out from their
house, she lived in a boarding house in Ipil but decided to come
to Zamboanga City to look for a job to save for the baby. Krystal
also told me that upon the request of Renan, they should keep
their relationship secret for the meantime.
8.4
Krystal notify me that she will be staying with his friend in
Baliwasan, Zamboanga City. She begged if me and my wife could
hire her as a house helper. I told her that I will still consult my
wife about the matter.
9. That since both of us are busy with our schedule and I love my wife
dearly that I want to ease some of her burden doing household
chores, I proposed to my wife to get a household helper. I was
thinking that it would help my wife Marilou to be relaxed and help
Krystal at the same time.
9.1
At first, she was hesitant. She told me that she could not
entrust our house to anyone else. I told her that I knew someone
from the province of Zamboanga Sibugay that we could trust. I
explained to her that it would be a great help if we can have a
househelper so that we can have more time for each other. She
agreed.
9.2
That on December 6, 2015, I brought Krystal in our home
as a househelper with the intention of helping my wife and at the
same time helping a good friend, Renan. I never told my wife
about Renan and Krystal and that Krystal was pregnant at that
time.

9.3
Krystal did all the household chores including washing our
clothes including my underwear and the underwear of my wife.
When Marilou confronted me of ordering Krystal to wash my
underwear, I told her not to make a big deal out of it because
naturally, it is part of her job.
10.
That on June 22, 2016, I woke up around 4 oclock in the
morning because I was thirsty. I heard someone is crying from
Krystal room. I went to check. I knocked and Krystal opened the
door. I ask her what happened. She let me in in her room and
started sobbing. I tried to console her but she did not stop from
crying. She told me Renan broke up with her. She told me that she
wanted to commit suicide. I was rubbing her belly and reminded her
that she needed to be strong because she will be a mother. I
advised her to stay calm and will talk to Renan in the morning.
11. That while I was talking and rubbing Krystals belly, my wife
Marilou barged into the room in an instant. She was hysterical.
Marilou was shouting. She was accusing me and Krystal of having
an illicit affair. I was trying to explain to her but she would not listen.
Marilou dragged Krystal outside our house and kicked her out.
12. That when Marilou went back inside the house, I was explaining
but with no success at all. Marilou was throwing away my clothes
outside our house and while shouting Lumayas ka dito, walanghiya
ka.
13. That to avoid a scene to wake our neighbors, I did not say a word
and went outside our conjugal home. That very day, June 22, 2016, I
called Marilou at work and asked her to meet me so that we can
sort our problem. Marilou refused to meet me and was still accusing
me of having a mistress in the person of Krystal.
14. That my bestfriend Renan called Marilou on June 22, 2016 but of
no avail. Marilou would not listen to her and accused Renan of
conspiring with me in keeping Marilou as my mistress. Affidavit of
Renan is attached as Annex 2.
15. That the letters and the positive pregnancy test she found in my
belongings, I specifically deny the existence of those letters alleged
in the complaint, that have I have no knowledge and information
sufficient to form a belief as to the truth of a material averment
made in the complaint.
16. That I did not appear before the Katarungang Pambarangay
when I was summoned because I wanted to solve the problem
before me and Marilou by ourselves.
17. That I exerted diligent efforts to try to talk to Marilou for us to
settle our problem but she always refused. From June 23, 2016 up to

filing of the complaint, everyday, I waited for her to be out from her
work and approached her and asked her if we can talk. Marilou
always refused.
17.1That on one occasion, August 9, 2016, when I approached
her after work, she shouted at me in front of her officemates. She
shouted Ang kapal ng mukha mo, nangabit ka na, may gana ka
pang kausapin ako. Sa korte nalang tayo magkita. Antonio Gale
one of her closes friends, adviced her to lower her voice as she is
creating a scandal.
18. I am executing this COUNTER-AFFIDAVIT to attest to the truth
that I did not commit the CRIME OF CONCUBINAGE, that I did not
keep a mistress in our conjugal dwelling as alleged by the
complainant.
IN WITNESS WHEREOF, I have hereunto set my hand this 19 th of
September 2016 at Zamboanga City, Philippiens.

RAFAEL S. ARCIAGA
Affiant

SUBSCRIBED AND SWORN to before me this _____ day of September,

2016 at Zamboanga City, Philippines.

ATTY. EARL RASHEEDA JOE

Asst. City Prosecutor

CERTIFICATION
I HEREBY CERTIFY that I have personally examined the affiant, and I am
satisfied that he voluntarily executed and understood this CounterAffidavit.

ATTY. EARL RASHEEDA JOE

Asst. City Prosecutor