Good evening. My name is Patrick Arcellana and together with my co-counsels Attys.

Ang,
Logronio and Paguio do hereby enter our appearances in favor of the Respondent-Appellees
ROGE MUSHA RAMIREZ and BILLY ALCID.

Justices of this Honorable Court, ladies and gentlemen, may it please the court. I am Patrick
Arcellana and I stand before you to present our counterstatement of facts for the respondent-
appellees, ROGE RAMIREZ and BILLY ALCID.

Your honors, it is inherent in human nature that the protection of ones rights be put at the
forefront. One such right is a persons property rights which gives such person his protection and
shelter. It is thus imperative that this right be vindicated if it is put at risk.

1. The Musha family has been the owners and possesors of the property in contention
located in Magsaysay St. Hermosa, Bataan since 1973, or for 43 years already. This
family erected a wooden gate in 1975 that was facing the property of the church. Such
gate has been used by the family to go to the church and water well.

2. ROGE RAMIREZ then inherited the property in the 1990s and replaced the gate with a
wooden one in 2001. In search of greener pastures, she left for Canada on July of 2007.
ALCID was then left to care for the property.

3. While RAMIREZ was gone, BIANCA MANGASER ordered GRACE HICBAN to erect
a concrete fence that was adjacent to the steel gate such that it blocked the passageway of
the steel gate.

4. ALCID at that time was cultivating soil when he saw the on-going construction. He then
immediately went to MANGASER and told her that she had no right to erect such fence
because it was encroaching on RAMIREZs property and blocking their passage.
Something that a normal owner would do to vindicate property rights.

5. To emphasize their claim and proof of ownership, ALCID went so far as to go inside the
house, get their TCT, and went back outside to confront MANGASER. Now equipped
with a proof of ownership, ALCID asserted the boundaries of their property and clearly
showed the document to MANGASER.

6. However, in a fit of anger, MANGASER yelled Hoy boy, putangina ka. Huwag ka
makealam dito. Lupain namin ito. After such ALCID retreated back to the house.

7. ALCID reported this to RAMIREZ and thus the latter immediately prepared to go back
home to Bataan. She was then surprised to discover that the concrete fence had been
completed.

8. Being a devout catholic herself, and to avoid further conflict with MANGASER and the
church, RAMIREZ resorted to the demolition of a part of her steel gate to regain access.
It was just enough for the ingress and egress of one person at a time.
 9. ALCID then demolished RAMIREZ part of the steel fence on August 8, 2008. This act
was however since by the caretaker of the church and hurriedly reported it to
MANGASER. Misunderstanding the situation, the caretaker told MANGASER that it
was the churchs fence that was being demolished. Upon hearing this, MANGASER then
went to the barangay to file a complaint on the same day August 1, 2008.

10. The caretaker went back and warned ALCID that his employer, MANGASER, already
went to the barangay to report this incident. ALCID then rapidly went to the barangay to
explain that what was being demolished was actually their own fence and not the
churchs.

11. Subsequently, two hearing were conducted by the Lupon Tagapamayapa of Culis,
Hermosa, Bataan on August 7 and 19 of 2008.

Your honors, the the totality of these circumstances were accepted and acknowledged by the
RTC when it acquitted the accused-appellees because of failure of the plaintiff to provide
evidence beyond reasonable proof for the crime of malicious mischief.

Given these factual and legal background of the case, as counsel of the appellee, we humbly
submit the following arguments in the following order:

First, Ms. Lexi Calda argue that Regional Trial Court has the power to rule in favor of
psychological incapacity, based on an expanded coverage.
Secondly, Ms. Kat Co, will argue that serious incompatibility that brings or has brought
psychological stress, harm or trauma falls under psychological incapacity
Lastly, Mr. Buen Marquez will conclude the case for the appellee. Thank you your honorable
justices and may it please the court.