REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
MANILA CITY, BRANCH 101

PEOPLE OF THE PHILIPPINES,

Complainant,
Criminal Case No. 08-001
For: Qualified Theft
(Violations of Article 310, in
relation to
Article 308, of the Revised Penal Code)
-versus-

MACON BANGALAN,
Respondent.

COUNTER AFFIDAVIT

I, Macon Bangalan, of legal age, Filipino, with office address at G/F

NALLRC Bldg. PUP A. Mabini Campus, Anonas St., Sta. Mesa, Manila,
after duly sworn in accordance with law, hereby depose and say that:

1. I am presently employed as Cashier of PUP-COL Employees

Savings and Loans Association, Inc. (PCESLAI). The Company is
a corporation duly organized and existing under and by virtue of
the laws of the Republic of the Philippines, and engaged in the
business of lending loans and other assistance to its members, with
principal place of business at G/F NALLRC Bldg. PUP A. Mabini
Campus, Anonas St., Sta. Mesa, Manila ;

2. Complainant KAKIT LAW, is of legal age, Filipino, with office

address at G/F NALLRC Bldg. PUP A. Mabini Campus, Anonas
St., Sta. Mesa, Manila presently employed as President of PUP-
COL Employees Savings and Loans Association, Inc. (PCESLAI);

3. That I am the accused for the crime of QUALIFIED THEFT now

pending within the City Prosecution of Manila;

4. That I vehemently deny the allegation for being false, the truth
being;
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5. Sometime on between periods of May 28-29, the Vice President
for Finance of PCESLAI, MR. ALLEN BAUTISTA ordered me to
transfer the funds of the corporation to his personal account, he
said failure to follow his order will cost my job resulting to my
termination. Such orders were also done through text messages,
screen capture images of which are attached and exhibited as
Annex 1;

6. That on May 30, 2017, around 10 PM, while I was about to leave
my cubicle, MR. ALLEN BAUTISTA approached me and harassed
me to follow his orders of preparing the disbursement and
withdraw (P445,000) from the Corporations account;

7. That I disagreed and said Sir, mali po ang pinapagawa nyo. Ako
po an maiipit dyan Sir. , the following facts are supported by the
testimony of the Security guard on duty, attached herewith as
Annex 2;

8. That around 11pm, parking lot the Building located at the

basement 4 of the similar building, I was grabbed in my left arm
before he entered his car;

9. That the guard on duty Mr. EDUARDO REYES approached us to

to prevent MR. BAUTISTA from further hurting Ms.
BANGALAN, the following facts are supported by the testimony
of the Security guard on duty and Ms. Duday de Vera, attached
herewith as Annex 2 and 3 respectively;

10.That the morning after the incident, Mr Allen Bautista approached

me and reminded me about his orders the previous night. He
insisted on the withdrawal of money and transfer of the same to his
account number. He threatened me again that he will fire me if I
will not follow his orders;

11. In fear of losing my job and being harassed again by Mr. Bautista,
I was forced withdraw from the funds of PCESLAI and
immediately deposited to the account of MR. ALLEN BAUTISTA,
the deposit receipt is attached and exhibited herewith as Annex 4;

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 12. That I have no intent to gain the said amount nor appropriated the
same for my personal use and I was threatened and forced to do the
transactions as I fear to lose my job as I am not a college graduate
and my mother is sick and needs money for her hospitalization;

13.That when the Corporation President approached and inquired

regarding the transaction which prompted me to immediately file a
case against MR. ALLEN BAUTISTA, a copy of the complaint of
the pending case filed against MR. ALLEN BAUTISTA for the
threats he made is attached and exhibited herewith as Annex 5;

14.That I am executing this Counter Affidavit to attest the truthfulness

of the foregoing statement and to support for the dismissal of the
case filed against me.

WHEREFORE, in the interest of justice, it is respectfully prayed that the

instant criminal complaint be DISMISSED for lack of merit.

FURTHER, the respondent respectfully prays for such and other reliefs as
may be deemed just and equitable in the premises.

City of Manila, 27 August 15, 2017.

MACON BANGALAN
Respondent
G/F NALLRC Bldg.
PUP A. Mabini Campus,
Anonas St., Sta. Mesa, Manila,

SUBSCRIBED and sworn to before me in City of Manila on 15 August

2017.

Assistant City Prosecutor

MCLE Compliance No. V-098765
Issued on November 26, 2016

Copy Furnished:
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KAKIT LAW
Complainant
Block xxx, Lot xxx
xxx St., xxx Subd.
Brgy. xxx,
Xxx City

ANNEX 1

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(screen capture images)

ANNEX 2

Page | 5
 (Affidavit: Eduardo Reyes)

REPUBLIC OF THE PHILIPPINES)

MANILA CITY )S.S.

AFFIDAVIT

I, EDUARD REYES, of legal age, Filipino, with office address at

G/F NALLRC Bldg. PUP A. Mabini Campus, Anonas St., Sta. Mesa,
Manila, after duly sworn in accordance with law, hereby depose and say
that:

1. I am presently employed as a Security Guard at SAVINGS and

LOANS ASSOCIATION, INC (PCESLAI). The company is a
corporation duly organized and existing under and by virtue of the
Republic of the Philippines, and engaged in the business of leading
loans and other assistance to its members, with principal place of
business at G/F NALLRC Bldg. PUP A. Mabini Campus, Anonas St.,
Sta. Mesa, Manila;

2. That as a Security Guard, I was assigned to do rounds of the facilities

for the evening shift, (6 PM to 2AM) ;

3. That on about 28th of April, 2017 at around 10 PM, I saw Mr. Allen
BAUTISTA approaching the cubicle of Ms. Macon Bangalan;

4. That I passed by the said office with glass doors but was surprised to
hear Ms. Bangalan shouting saying, Sir, mali po ang pinapagawa
nyo. Ako po an maiipit dyan Sir.

5. That after hearing the commotion, I quietly peek at the glass window
and saw Mr. Allen Bautista is talking with Ms. Bangalan. As I thought
that they just had a simple misunderstanding, I just finished my
rounds;

6. That at around 11 PM, I personally saw Mr. ALLEN BAUTISTA

grabbing the left arms of Ms. MACON BANGALAN angrily as they
exit to the Parking Lot;

7. That as I sensed that something bad is going on, I followed them;

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8. That I heard Ms. Bangalan was crying and saying, Sir, Maawa po
Kayo. Mahal ko po ang trabaho ko.

9. That I immediately approached the two to prevent MR. BAUTISTA

from further hurting Ms. BANGALAN;

10.That Mr. Allen Bautista upon seeing Ms. Duday de Vera at the corner
approached her and said something to her;

The undersigned executed this affidavit to attest the truthfulness of the

foregoing facts and for other purposes not contrary to law.

AFFIANT FURTHER SAYETH NAUGHT.

Manila City, this 15th day of August 2017.

EDUARD REYES
Affiant

Subscribed and sworn to before me this 5th day of August 2017 in the
City of Manila, Philippine, affiant exhibiting to me his PRC I.D. No.
345678, issued on 6th day of August 2016 at Manila City.

__________________
Assistant Prosecutor

I hereby certify that I have personally examined the affiant and that I am
fully satisfied that she voluntarily executed and understood her sworn
statement.

_________________
Assistant Prosecutor

ANNEX 3

(Affidavit: Duday de Vera)

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REPUBLIC OF THE PHILIPPINES)
MANILA CITY )S.S.

AFFIDAVIT

I, DUDAY DE VERA, of legal age, Filipino, with office address at G/F

NALLRC Bldg. PUP A. Mabini Campus, Anonas St., Sta. Mesa, Manila,
after duly sworn in accordance with law, hereby depose and say that:

1. I am presently employed as Marketing Manager of PUP-COL

EMPLOYEES SAVINGS and LOANS ASSOCIATION, INC
(PCESLAI). The company is a corporation duly organized and
existing under and by virtue of the Republic of the Philippines, and
engaged in the business of leading loans and other assistance to its
members, with principal place of business at G/F NALLRC Bldg.
PUP A. Mabini Campus, Anonas St., Sta. Mesa, Manila.

2. That as a Marketing Manager I tend to work over the normal working

hours to finish projects for the advertising services of the PCESLAI;

3. That on about 28th of April, 2017 at around 11pm, I was about to get
my car at the parking lot the Building located at the basement 4 of the
similar building;

4. That I personally saw Mr. Allen BAUTISTA grabbing the left arms of
Ms. MACON BANGALAN angrily;

5. That the guard on duty Mr. EDUARDO REYES approached the two
to prevent MR. BAUTISTA from further hurting Ms. BANGALAN;

6. That Mr. Allen Bautista upon seeing me at the corner approached me

and whispers Dont mention this to anyone.

The undersigned executed this affidavit to attest the truthfulness of the

foregoing facts and for other purposes not contrary to law.

AFFIANT FURTHER SAYETH NAUGHT.

Manila City, this 15th day of August 2017.

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 DUDAY DE VERA
Affiant

Subscribed and sworn to before me this 5th day of August 2017 in the
City of Manila, Philippine, affiant exhibiting to me his PRC I.D. No.
345678, issued on 6th day of August 2016 at Manila City.

__________________
Assistant Prosecutor

I hereby certify that I have personally examined the affiant and that I
am fully satisfied that she voluntarily executed and understood her sworn
statement.

_________________
Assistant Prosecutor

ANNEX 4

(Deposit Receipt)

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 ANNEX 5

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
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 NATIONAL CAPITAL JUDICIAL REGION
MANILA CITY, BRANCH 101

PEOPLE OF THE PHILIPPINES,

Plaintiff,
Criminal Case No. 08-001
For: Article 282 of the REVISED
PENAL CODE OF THE
PHILIPPINES, otherwise known
as GRAVE THREAT
-Versus-

ALLEN BAUTISTA,
Accused,

INFORMATION

The undersigned accuses ALLEN BAUTISTA for the crime of

Article 282 of the REVISED PENAL CODE OF THE PHILIPPINES,
otherwise known as GRAVE THREAT , committed as follows,:

That on period between 31st of May 2014 to 31st of July, 2017, in

the City of Manila and within the jurisdiction of this Honorable Court,
the accused Allen Bautista, who did then and there willfully,
unlawfully, feloniously, with intent to gain and threatening upon
Macon Bangalan ; by ordering to transfer money from the
transactions made by the Complainant in her capacity as the cashier
of PCESLAI to the account of the accused; by threatening to lose her
position as the cashier if she failed to comply.

Contrary to law.

Manila City, April 1, 2017.

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 REPUBLIC OF THE PHILIPPINES)

City Of Manila

x------------------------------------------x

COMPLAINT AFFIDAVIT

I, Macon Bangalan, Filipino, 30, female, single, and a resident

of 60 Pureza Street Sta. Mesa, Manila, Philippines, after being
sworn to in accordance with law, depose and state:

1. I am instituting this complaint against MR. ALLEN

BAUTISTA, Filipino, 40, male, single and a resident of 25 Main
Street Paco, Manila, Philippines;

2. That, Mr. ALLEN BAUTISTA is the VICE PRESIDENT FOR

FINANCE of PUP-COL EMPLOYEE SAVINGS AND LOAN
ASSOCIATION INC;

3. That, I am also working as the cashier of the said

corporation;

4.That, between the periods of 31st of May 2014 to 31st of July

2017, the accused demanded me to transfer funds of the
corporation to his personal benefit;

5. That, such demand was made with threat of losing my

profession as the cashier of the cooperative

6. That, the instruction was to procure the signature of the

President KAKIT LAW on the vouchers payable to me;

7. That, upon depositing the payables to my account it will be

then transferred to his account;

CERTIFICATE OF PRELIMINARY INVESTIGATION

I hereby certify that a preliminary investigation in this case was

conducted by me in accordance with law; that I examined the
Complainant, the witness and other documents presented; that there
is reasonable ground to believe that the offense charged had been
committed and the accused is probably guilty thereof; that the
accused was informed of the Complaint and of the evidence
submitted against her and was given the opportunity to submit
controverting evidence; and that the filling of this information is with
prior authority and approval of the City Prosecutor

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 ____________________
Assistant City Prosecutor
MCLE Compliance No. V-098765
Issued on November 26, 2016

SUBSCRIBED AND SWORD to before me, this 7th day of

August 2017 in Manila City.

____________________
Assistant City Prosecutor
MCLE Compliance No. V-098765
Issued on November 26, 2016

BAIL NOT RECOMMENDED

APPROVED BY AUTHORITY
BY THE OFFICER-IN-CHARGED
D.O. No. 105 DATED FEB 24, 3016

ADRIAN MARK BINUYA

Deputy City Prosecutor
Chief, Inquest Division
MCLE Compliance No. V-0019590
Issued on November 23, 2016

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
MANILA CITY, BRANCH 101

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PEOPLE OF THE PHILIPPINES,
Complainant,
Criminal Case No. 08-001
For: Qualified Theft
(Violations of Article 310, in
relation to
Article 308, of the Revised Penal Code)
-versus-

MACON BANGALAN,
Respondent.

FORMAL OFFER OF DOCUMENTARY EVIDENCE

Respondent, by undersigned counsel, and unto this Honorable Court

hereby offer the following documentary exhibits for the above titled case:

Exhibit Description Purpose

1 Screen capture images To prove threat and lack
of Mr. Allen Bautistas of intent to gain and
text messages voluntariness on the
part of the accused
2 Affidavit of Eduard To prove threat and lack
Reyes, security guard of intent to gain and
voluntariness on the
part of the accused
3 Affidavit of Duday de To corroborate the
Vera testimony of Eduard
Reyes and the Accused
4 Deposit Receipt To prove that the
amount withdrawn was
not appropriated by the
accused for his own
benefit but was
transferred to Allen
Bautista
5 Information of Grave To prove that a case of
Threats Against Allen grave threat was filed
Bautista by accused involving
the same transactions
and occurrences

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WHEREFORE it is respectfully prayed that all the said exhibits be admitted
and be made part of the evidence of the respondent.

City of Manila, August 15, 2017.

PUBLIC ATTORNEYS OFFICE

Department of Justice
DISTRICT OFFICE

By:

ATTY.
Public Attorney Roll
No. IBP
No.
MCLE Comp. No. III-

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