Republic of the Philippines

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE PROVINCIAL PROSECUTOR
Province of Surigao Del Norte
Surigao City

PEOPLE OF THE PHILIPPINES,

Complainant,
Case no. ___________

-Versus- For: Rape (Art . 335,par (3),

Revised Penal Code)
PO1 JOSE A. GONZALEZ,
Respondent,

X--------------------------------------------------/
REPUBLIC OF THE PHILIPPINES )
PROVINCE OF SURIGAO DEL NORTE ) S.S.
SURIGAO CITY )

COUNTER-AFFIDAVIT

I, JOSE A. GONZALEZ, of legal age, married and residing at

barangay taft baybay parola, Surigao City, after having been duly
sworn to in accordance with the law, hereby depose and state THAT:

1. I am executing this counter-affidavit as a reply to the

Affidavit of Complaint filed by ROGER DIMAAMPAO.

ADMISSIONS AND DENIALS

2. At the onset, herein respondent would like to categorically

DENY the allegations of the herein complainant for being FALSE,
MALICIOUS, FABRICATED imputing towards the undersigned
respondent of the crime of Rape, for reasons, which will be discussed
in my counter-statement of facts.

COUNTER-STATEMENT OF FACTS

3. That there is no basis that the said victim was a minor at the
time of the commission of an offense.

4. That the allegations in raping the said minor is merely

fabricated since there is no sufficient evidence is being presented that
the victim was being raped by the said respondent.

5. That during 2016 to 2018, the respondent was being

assigned in Butuan City, living in the apartment together with
respondent’s wife and it was physically impossible for the respondent
to commit a crime of rape in the allege year against the said minor
allege in the herein complaint.

6. That there is no sufficient evidence was submitted to

support that the respondent committed (3) three sexual encounters
against the allege minor that would constitute probable cause to
endanger a well-founded belief that a crime has been committed and
that herein respondent is probably guilty thereof.

7. Revised Penal Code defines RAPE:

Article 335. When and how Rape is committed.
Rape is committed by having carnal knowledge of a woman under any
of the following circumstances:
1) By using force or intimidation;
2) When the woman is deprived of reason or otherwise
unconscious; and
3) When the woman is under (12) twelve years of age or is
demented.

The elements that would constitute the crime of RAPE under Art.
266-A, par. 1 (a) of RA 8353 are:
1. Carnal knowledge
2. Force or intimidation and the commission of the act
without consent, or
3. Against the will of the victim

In this case, there is no evidence presented by the complainant

that the respondent committed (3) three sexual encounters against
the allege minor. Hence, it is safe to say that this case is prematurely
filed by the complainant, which ought to be dismissed.

8. One who alleges a fact has the burden of proving it, since mere
allegations is not evidence. Equally, it is a basic rule in evidence that he
who alleges must prove his case or claim by degree of evidence
required.

9. From the foregoing, it is clear that this case cannot prosper.

And so, Respondent, prays that this case be dismissed for utter lack of
basis, and all other equitable reliefs prayed for.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this _______ of ________ in Surigao City, Philippines.

JOSE A. GONZALEZ
Affiant
 SUBCRIBED AND SWORN to before me this _____ day of _______
at Surigao Del Norte, Philippines and I further certify that I have
personally examined the affiant and is satisfied that he voluntarily
executed and understood his affidavit.

ATTY. JINGLE MERRY G. GERANDOY

Counsel of the Defendant
IBP lifetime Member No. 088516
PTR No. 6554392, Jan. 2, 2020
Roll of Attorney No. 52976, 3/20/19
MCLE Compliance No. VII-0036549 valid until April 2020
P. Reyes, Surigao City

Copy Furnished:

ROGER DIMAAMPAO
Purok 6, brgy. San Juan
Surigao City, Surigao Del Norte

ATTESTATION
 I, JINGLE MERRY G. GERANDOY, of legal age, Filipino citizen,
after having duly sworn to in accordance with law, do hereby depose
and say:

1. That I am the counsel of the respondent in the foregoing

entitled case;

2. That I personally conducted the foregoing counter affidavit

of the respondent;

3. That I hereby certify that I faithfully recorded the questions I

asked and the answer of the witness.

4. That I likewise certify that neither I nor any person then

present had coached the witness regarding the latter’s answer.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this _____ day of ___________2020, in Surigao City.

JINGLE MERRY G. GERANDOY

Counsel of the defendant

SUBSCRIBED AND SWORN to before me, this _____day

of ____ 2020 in Surigao City, affiant exhibited to me his
Driver’s License No. 4-80-15632 issued on September 10,
2020.

ATTY. BEMAR F. CARANAY

Doc. No. ______. Notary Public for Surigao City and Surigao Del Norte
Page No. ______ Until December 10, 2020
Book No. ______ IBP lifetime Member No. 088516
Series of ______ PTR No. 6554392, Jan. 2, 2020
Roll of Attorney No. 52976, 3/20/19
MCLE Compliance No. VII-0036549 valid until April 2020
P. Reyes, Surigao City