Republic of the Philippines

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
City of Las Pinas

CELSO L. EVANGELISTA, I.S. NO. 07-1100

Complainant,

-versus- FOR: ESTAFA (Art. 315 (1)(b)

ZACARIAS C. CRISTOBAL,
Respondent.
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COUNTER-AFFIDAVIT
I, ZACARIAS CAMESA CRISTOBAL, Filipino, of legal age, married to
Rowena Guevarra, presently residing and with postal address at 16 Parkview
Street, Laguna Bel Air, Sta Rosa City, Laguna, after having sworn according to
law hereby state the following as my counter-statement against the complaint of
my former breeding partner and client, Celso Evangelista:

THAT, sometime 1996, I was introduced by Greggy Yujuico to Celso

Evangelista;

THAT, sometime 1998, Celso Evangelista visited my farm in Barangay

Sinaliw na Munti, Alfonso, Cavite and reserved 25 heads Cock Battle Crosses
which I kept for him for about six (6) months until finally, he told me that he
will not get it anymore because his daughter got sick of leukemia;

THAT, sometime November 2005, I was instructed by Celso Evangelista to

select brood hens for him in their Bayorbor Farm, Matas Na Kahoy, Batangas as
they have a falling-off with his partner, Mr. Vera, which I did without
compensation and was able to select 70 to 80 heads;

THAT, following month of December 2005, I was instructed to set-up some

15 breeding pen in his Longscore farm, Taysan, Batangas, which I did for almost
two days and gave me check for P5,000.00 only;

THAT, sometime January 2006, I was instructed by Celso Evangelista to visit

his farm in Longscore, Taysan on a regular basis 2 to 3 times a week as
Consultant and Trainer of his farm manager-Andy Abella and to design breeding
farm facilities thereat and other related conditioning/training matters, which I did
without compensation;

THAT, in that farm, I set-up some 15 breeding pen with one brood cock
and 5 brood hens per pen. That I design trap nest, taught egg collection
procedure and markings, incubator management, medication and feeding
management, and record keeping, which I was not compensated;

THAT, for 2006, the farm through me was able to produce 400 stags and
400 pullets and I was not compensated;

THAT sometime February 2006, he went with me to my Barangay Talim,

Lucena City farm and selected 15 stags Sweater Roundhead crosses which he
paid;
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 THAT, in our way back, we took our lunch at MAX, Lucena City and
offered me to breed for him 125 heads stag Brunner Roundhead Sweater
Blackwater crosses for P2,600.00 each which I agreed because of the volume and
friendship;

THAT, he issued me in staggered basis check amounting to P200,000.00

which I used in buying medication, feeds, breeding equipment and labor;

THAT, sometime October 25, 2006, he wrote me a letter, advising me that

he will only get 75 heads stags and not 125 heads as ordered. The 75 heads plus
the 2 brood pullet he got from me was computed by him to total P200,000.00,
letter is attached as ANNEX “A” and made a permanent part of this Counter-
Affidavit;

THAT, the 3 broodcock he lend to me was received as a 6 months old,

hence unfit for breeding purposes being under age. Two of which died during the
typhoon “Milenyo” and one was returned to him in his office;

THAT, I explained to him that he should get his order of 125 heads as the
money he gave me was spent for these chickens, but he insisted for 75 heads
only, so there was a falling-off relations until he sent me a demand letter which
was received by our maid, Rose Gabito and not by me personally;

THAT, he and his company driver Boy threatened my wife by shouting at

her in our residence, text and telephone calls so much so, I was forced to see
him in his office and thereat I was forced and threatened to sign a promissory
note despite my protest to get a counsel entrusting to him the title of our 3,000
square meters lot in Alfonso, Cavite;

THAT, I did not commit estafa against him because the P200,000.00 given to
me was spent in the procurement of feeds, medicines, breeding equipment,
incubator management, vaccination, brooder, net and labor which I was able to
produce 250 heads for Celso Evangelista to select 125 heads as contracted and
paid for;

THAT, for all my efforts in carrying his instructions and orders since
November 2005 until my production of 250 heads for Celso, I charge him as
payment for my services the total amount of P730,000.00 broken down as
follows:

a. P3,500.00 per visit 72 visits= P252,000.00

b. 2006 crop production 400 stags and 400 pullets@P500 per
bird=P400,000.00
c. 3 Brunner Hen @ P15,000 = P45,000.00
d. 5 Brunner pullet cross @ P5,000.00 =P25,000.00
e. Gaff & Handling= P3,000.00
f. Hen selection Bayorbor farm= P5,000.00

IN WITNESS OF THE FOREGOING, I have hereunto affix my signature

this 16 th day of July 2007 at Las Pinas City.

ZACARIAS C. CRISTOBAL
Affiant/Respondent

SUBSCRIBED AND SWORN TO before me this 16th day of July 2007 at

Las Pinas City.