REPUBLIC OF THE PHILIPPINES

THIRD JUDICIAL REGION

MUNICIPAL TRIAL COURT
PROVINCE OF BULACAN

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 1272-04-19

- versus - - for -

DESIREE AREGOR, SLIGHT PHYSICAL INJURIES

Accused.
x------------------------x

COUNTER AFFIDAVIT

I, DESIREE AREGOR, of legal age, single, and a resident of BLK 5, L-17 Phase 3 FVR,
Norzagaray, Bulacan, after being duly sworn in accordance with law, hereby state and depose that:

1. On October 21, 2018, I was invited by Nerisa Aregor on their house to celebrate the Christening
of _____________, my nephew or niece.

2. On or about 7 o’clock, on that same date, while we were having some fun in front of their
house, two (2) men appeared in front of us, one of them asked us, that if we have seen his
girlfriend.

3. These two (2) men were unknown to me and to those who are present that time.

4. One of these two (2) men were insisting that we knew where his girlfriend was, as a response,
I repeatedly said that we do not know her and we do not know where she was.

5. After insistence and getting a negative answer from us, these men leaved and abandoned the
premises.

6. However, after a while, these two (2) men again suddenly appeared in front of us, but this time
they were accompanied by April Mae Magsino, one of the neighbors, they were more insistent
and repeatedly asking where his girlfriend was. More so, he even accused me that I were hiding
his girlfriend.

7. During that conversation, an immediate pull in my hair was made by April Mae Magsino and
further, together with Gladys Magsino due to severe and repeated pulling of my hair and
kicking, I passed out and incurred several bruises. This incident was witnessed by the guests
and friends invited by Nerisa Aregor during said event. (attached hereunto the Medical
Certificate made by Norzagaray Municipal Hospital)

8. As a result of such incident, on October 22, 2018, April Mae Magsino and Gladys Magsino
went to barangay to complain about the incident, accusing me causing physical injuries
incurred to their mother, Lani Magsino.

9. On the contrary, I was in shock that instead of I, but not, complaining them. I became the
accused, instead of the complainant, in the controversy herein.

10. On that same day, I together with Beverly Aregor went to the same barangay to meet them and
to talk about what happened during the incident that night but after the confrontation in the
presence of the barangay officials, no agreement and settlement was reached and hence, a
subsequent hearing dated October 26, 2018 was scheduled to talk and settle the controversy.
(attached hereunto the Barangay Record dated October 22, 2018)
11. The hearing dated October 26, 2018 also failed to reach the agreement and settlement, between
the parties, intended by the Barangay. (attached hereunto the Barangay Record dated October
26, 2018)

12. On October 30, 2018, I received a letter from the barangay, in connection with the complaint
made by Gladys Magsino, inviting me to appear at 10 o’clock in the morning on October 31,
2018 in the Tanggapan ng Lupon Tagapamayapa in the Barangay. (attached hereunto the
Barangay patawag received by Desiree Aregor on October 30, 2018)

13. On October 31, 2018, in the barangay and in the presence of the lupon, I together with Beverly
Aregor and Gladys Magsino agreed and settled the controversy before us and further stating
that this dispute was already finished. (attached hereunto the Barangay Record dated October
31, 2018)

14. However, I was in shock when I later learned that a COMPLAINT for SLIGHT PHYSICAL
INJURIES was filed by LANI MAGSINO y NUEZA against me before the Municipal Trial
Court of Norzagaray, Bulacan, since, I believed that the controversy herein was already settled
in the Barangay.

15. After learning that a complaint was filed against me, I immediately checked upon the records
of the Barangay. There I learned that a Certificate to File an Action in Court was issued to
LANI N. MAGSINO by the Chairman of the said Barangay.

16. However, I am concluding that the said Certificate to File an Action in Court was falsified due
to the following reasons:

a. The Barangay Record dated October 22, 2018 was only signed by the complainants
April Mae Magsino and Gladys Magsino and accused Desiree Aregor and Beverly
Aregor, wherein the parties herein failed to reach settlement and a scheduled hearing
was subsequently dated.
b. The Barangay Record dated October 26, 2018 was only signed by the complainants
April Mae Magsino and Gladys Magsino together with Judian Magsino and accused
Desiree Aregor and Beverly Aregor, wherein the parties herein failed to reach
settlement and agreement.
c. The Barangay Patawag received by Desiree Aregor on October 30, 2018 was named
on behalf of the complainant Gladys Magsino and accused Beverly Aregor and Desiree
Aregor.
d. The Barangay Record dated October 31, 2018 was only signed by the complainant
Magsino and accused Desiree Aregor and Beverly Aregor, wherein they settled the
controversy and agreed that the case was already finished.

17. Since, LANI MAGSINO y NUEZA has not been a party in the any above Barangay
Conciliation, it was impossible for her to secure a Certificate to file an Action in Court. Thus,
it may be concluded that the said Certificate to file an Action in Court issued to LANI N.
MAGSINO by the Chairman of the said Barangay is falsified and without an effect.

18. Thus, in the case of Abagatnan et al., v. Sps. Clarito, pursuant to Section 412(a) of the LGC
requires the parties to undergo a conciliation process before the Lupon Chairman or
the Pangkat as a pre-condition to the filing of a complaint in court, thus:

“ SECTION 412. Conciliation - (a) Pre-condition to Filing of Complaint in Court.

No complaint, petition, action, or proceeding involving any matter within the authority of
the lupon shall be filed or instituted directly in court or any other government office for
adjudication, unless there has been a confrontation between the parties before
the lupon chairman or the pangkat, and that no conciliation or settlement has been reached
as certified by the lupon or pangkat secretary and attested to by
the lupon or pangkat chairman [or unless the settlement has been repudiated by the parties
thereto. x x x]

The LGC further provides that "the lupon of each barangay shall have authority to
bring together the parties actually residing in the same city or municipality for amicable
settlement of all disputes," subject to certain exceptions enumerated in the law.
 One such exception is in cases where the dispute involves parties who actually
reside in barangays of different cities or municipalities, unless said barangay units
adjoin each other and the parties thereto agree to submit their differences to amicable
settlement by an appropriate lupon.

Thus, parties who do not actually reside in the same city or municipality or
adjoining barangays are not required to submit their dispute to the lupon as a pre-condition
to the filing of a complaint in court.

19. And pursuant to The Revised Katarungang Pambarangay Law under R. A. 7160, otherwise
known as the Local Government Code of 1991,

“All disputes are subject to Barangay conciliation pursuant to the Revised

Katarungang Pambarangay Law [formerly P. D. 1508, repealed and now replaced by
Secs. 399-422, Chapter VII, Title I, Book III, and Sec. 515, Title I, Book IV, R.A. 7160,
otherwise known as the Local Government Code of 1991], and prior recourse thereto is a
pre-condition before filing a complaint in court or any government offices, except in the
following disputes: x x x “

20. Since, the controversy herein does not fall in any of the exception provided by the law and the
dispute involves parties who actually reside in barangays of same cities or municipalities, a
prior recourse to Barangay conciliation is a pre-condition before filing a complaint in court or
any government offices. Thus, the issuance of valid Certificate to file an Action in Court is
necessary and mandatory in order that the dispute may be filed in court or any government
offices.

21. Therefore, the failure of LANI MAGSINO y NUEZA to comply with the condition precedent,
the court does not acquire jurisdiction in the present controversy and hence, should be
dismissed.

22. This COUNTER AFFIDAVIT is being executed to the truth of all the foregoing facts and
events and to disclaim all the accusations against me.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 15th day of April, 2019 at
City of Malolos, Bulacan.

DESIREE AREGOR
Affiant

SUBSCRIBED AND SWORN to before me, in the City of Malolos, Bulacan, this 15th day of
April, 2019.