Republic of the Philippines)

City of Cagayan de Oro…..)

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COUNTER AFFIDAVIT

I, GERRICO VALLEJO, of legal age, single, and a resident of Block

45, Lot 6, Waling-Waling Street, Barangay Ligtong, Alubijid, Misamis
Oriental after having been duly sworn to an oath in accordance with law,
hereby depose and say, that:

1. I am the respondent in NPS No. X-01-INV-12C-123, entitled MA.

NIDA DIOLOLA V. GERRICO VALLEJO for RAPE WITH HOMICIDE,
filed before the Office of the Provincial Prosecutor of Misamis
Oriental;

2. I vehemently deny all the accusations thrown against me by Ma. Nida

Diolola, the same being mere fabrication of facts and apparently
intended to harass me. Complainant is deliberately misleading this
Honorable Office as there was no proof of said allegations;

3. There is no truth to the complainant’s allegations that I am the one

who raped her daughter, Daisy Diolola, tied her body to the root of an
aroma tree and strangled her to death. I never had such intention and
it is way impossible for me to do the same.

4. The truth of the matter is that at about 1:00 o’clock in the afternoon of
July 10, 2016, I and my siblings, Aimee and Abigail Vallejo were in
our house in Waling-Waling Street, Barangay Ligtong, Alubijid,
Misamis Oriental when Daisy Diolola came to ask me to draw for her
school project and thereafter left since her friends were waiting for
her outside.

5. I was watching television at that time that I was not able to draw her
project immediately. I was only able to finish the said project at
around 3:00 o’clock in the afternoon and gave it to her aunt, Glory. I
immediately returned home to watch television again.

6. I watched television the whole afternoon and never went out until
7:00 o’clock in the evening when I saw complainant, Ma. Nida, who
was looking for her daughter and asked me if I have seen her. I told
her that the last time I saw her was when she requested for me to
make her project at around 1:00 o’clock in the afternoon. I was not
able to see her thereafter.

7. I only came to know that Daisy was found dead in the “compuerta”
the following morning when I overheard neighbours talking about it. I
could not believe the incident immediately as I was able to see her
 when she approached me and requested me to draw something for
her project the other day.

8. Ma. Nida Diolola’s complaint is designed merely to harass me when

they have no one else to accuse of the said horrendous crime.

9. It should be noted by the Honorable Office of the Provincial

Prosecutor that all the allegations in the complaint are without any
supporting evidences and no one have seen the incident, making it
self-serving.

10. By the reason stated above, the complaint against herein respondent
should be dismissed.

I am executing this counter-affidavit freely, voluntarily and with

knowledge to all the statements contained herein to attest to the truth of the
foregoing facts and for the purpose of answer the accusations against me.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

_________________ in Cagayan de Oro City, Philippines.

GERRICO VALLEJO
Affiant

SUBSCRIBED AND SWORN TO before me this _____________ at

Cagayan de Oro City, Philippines.

I further certify that I have personally examined the affiant and that I
am satisfied that the said affiant has voluntarily executed and understood
the content of this affidavit.