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Republic of the Philippines )

Tacloban City ) S.S.

I, XAVIER RAMIREZ, Filipino, of legal age, married and a
resident of Kassel Heights, Tacloban City, Leyte after having been
duly sworn to in accordance with law hereby depose and state
1. I am the respondent in a criminal case for Violation of BP Blg 22
filed by one PROMISE VITAL before the office of the Office of
the City Prosecution and docketed as NPS NO.: VIII-01-INV-

2. On June 29, 2017 I received a copy of the Subpoena together

with the affidavits of the complainant with its attachments and
said subpoena directed me to file my counter-affidavit within a
period of ten (10) days from the date of receipt or until July 9,
2016, thus the timeliness hereof;

3. I vehemently deny all the allegations in the Complaint-

Affidavit of PROMISE VITAL for being False, Baseless, and
Contrary to the dictate of human experience;

4. The truth of the matter is, I do not have a personal knowledge

regarding the issuance of the two (2) checks in favor of herein
complainant. The truth is, I entrusted my check book to my
brother MIGUEL RAMIREZ because he had to secure the
amount he owed PROMISE VITAL in order to prevent the said
complainant from foreclosing my brothers residential house
and lot;

5. My brother, MIGUEL RAMIREZ, assured me that by the time

that the checks needs to encashed, he will ensure that he will
deposit the said amounts to my account so when Promise will
encash them, she will be duly paid;

6. The Supreme Court held in the case of People v. Laggui 1, that

knowledge of insufficiency of funds or credit in the drawee
bank for the payment of a check upon its presentment is an

1People v. Laggui, 171 SCRA 305

essential element of the case. If such knowledge of insufficiency
of funds is proven to be actually absent or non-existent, the
accused should not be held liable for the offense defined under
the first paragraph of Section 1 of BP 22. Although the offense
charged is a malum prohibitum, the prosecution is not thereby
excused from its responsibility or proving beyond reasonable
doubt all the elements of the offense, one of which is
knowledge of the insufficiency of funds;

7. Thus, I appeal to the conscience of the investigating

prosecutor. The role of the prosecutor is to see that justice
is done and the innocent spared from the rigors and
hassles of a baseless prosecution; and

8. That I have executed this Counter-Affidavit to attest to

the truth of the foregoing and to refute all allegations of
wrongdoing against me.

IN WITNESS WHEREOF, I have hereunto affixed my

signature this July 9, 2017, at Tacloban City, Philippines.


SUBSCRIBED AND SWORN TO before me this July 9, 2017, a

Notary Public for and in the City of Tacloban, affiant exhibiting to me
his competent proof of identity, and I certify that I have personally
examined the affiant and I am fully satisfied that he has freely and
voluntarily executed this affidavit and fully understood the contents
hereof. Witness my hand and seal.


Doc. No.: 01 ASGARD Law Offices
Page No.: 01 Gomez St., Tacloban City
Attys. Roll No. 51000/June10, 2006
Book No.: I IBP O.R. No. 1030878/01-03-17, Leyte Chapter
Series of 2017 PTR No. PL 9835512/01-03-17, Palo, Leyte
MCLE Compliance No. V-0004454, 11-12-2014
Copy Furnished: by registered mail for distance and lack of
messengerial personnel to effect personal service.


Phase 1, Gumamela St.,
V&G Subdivision,
Tacloban City
Mail Registry Receipt No.:______________ Date:__________________