Republic of the Philippines )

City of Santiago ) S.S.

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COUNTER-AFFIDAVIT

I, MARK DAVID AGUILAR y LOZADA, Filipino, of legal age,

single and a resident of Barangay 02, Jones, Isabela, after having been duly
sworn to in accordance with the law hereby depose and states, that:

1. I am the same person executing the instant counter-affidavit;

2. On 06 August 2019, I received a subpoena coming from the

Honorable Office of the Provincial Prosecutor requiring me to
submit my counter-affidavit and other supporting documents or
affidavits of my witnesses;

3. Attached to the subpoena is a copy of a referral coming from the

Philippine National Police, Echague Police Station and a copy of a
document dubbed as “Sinumpaang Salaysay ni Jenefer
Merciales y Aron;”

4. I vehemently deny the allegations made by Jenefer Merciales,

Jenefer for brevity, the truth of the matter are set forth hereunder
–

a. On January 2019, Jenefer told me that she is pregnant and

that I am the father of the child that she is currently bearing;

b. She told me that she wanted me to marry her to prevent any

gossips to circulate from her friends and to the relatives of
her family;
 c. I told her that I would consult my parents first considering
that I am not yet capable financially to pay the expenses
relative to the celebration of a marriage;

d. After consulting my parents, I told her that I will support the

child but I cannot marry her as of the moment considering
that my parents are also presently financially constraint and
we are not yet financially stable to live together as husband
and wife. Moreover, we still need the support of our both
parents to enable us to live;

e. The fact that I told her that I could not marry her, though I
am willing to support the child, made her upset and
thereafter she threatened me that she will file a case against
me;

f. The allegations in her sinumpaang salaysay are blatant lies.

Said accusations were only alleged by Jenefer so that I will be
constrained to marry her. I never shouted and I never
resorted to name calling;

g. I also never abandoned her. In fact, she fully knew that I am

currently working in Metro Manila because I am saving some
money so that I may be able to send financial support during
her child delivery;

5. Clearly, I never committed abuses against Jenefer. As mentioned

above, the instant complaint is merely designed to coerce me in
marrying her;

6. Section 5 paragraph (i) of RA 9262 provides that acts of violence

against women and their children include causing mental or
emotional anguish, public ridicule or humiliation to the woman or
 her child, including, but not limited to, repeated verbal abuse,
and denial of financial support or custody of minor children or
access to the woman’s child/children;

7. As mentioned above, I never committed any of the accusations

made by Jenefer. Even assuming without admitting however and
for purposes of argument only, that I said that we should abort the
child, the said phrase, in my opinion, should not be considered as a
verbal abuse. Likewise, based on the allegations of Jenefer in her
sinumpaang salaysay, said incident happened once hence the
same could not be considered as repeated verbal abuse therefore it
cannot be said that there was an act of violence against Jenefer;

8. Furthermore, as alleged by Jenefer, the alleged verbal abuse

happened in her apartment/boarding house in Santiago City.
Therefore, the said complaint should have been filed in the
Honorable Office of the City Prosecutor in Santiago City hence the
Office of the Provincial Prosecutor of Isabela, with all due respect,
has no authority to act on the said request of Echague Police
Station;

9. In view of the foregoing, I most respectfully pray to the Honorable

Office of the Public Prosecutor of Isabela to dismiss the instant
complaint as these matters merely pertain to a couple’s
misunderstanding and the alleged abuses committed to the private
complainant did not really happened.

10. I am executing the instant counter-affidavit to controvert the

accusations of Jenefer in her sinumpaang salaysay and to prove
that I did not commit any abuses against her.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 15th day of August 2019 at Santiago City, Philippines.
 MARK DAVID AGUILAR
Affiant
I.D. No.: _______________

SUBSCRIBED AND SWORN to before me this 15th day of August

2019 by the affiant who exhibited to me his competent proof of identity the
details of which appear below his name and signature at Santiago City,
Philippines. I HEREBY CERTIFY that I personally examined the affiant
and I am satisfied that he voluntarily executed and understood the instant
counter-affidavit.

Administering Officer