COUNTER-AFFIDAVIT

of legal age, single, Filipino citizen, with residence address at #620 Virginia Street, Springside,
Barangays Pandan, Angeles City,Pampanga, Philippines, after having been duly sworn to in
accordance with law, hereby depose and state, that:

1. I am the Respondent in the above-entitled case allegedly for Estafa filed by Myhrl
David (hereinafter referred to as Myhrl) and Michael David (hereinafter referred to as Michael);

2. I vehemently deny that complainant Myhrl was enticed to avail the services of our
shop due to my sales talk. I never said on my first encounter in social media with Myhrl that I
can do more than body paint but also including wire tuck, body works, dashboards re-ups and
exterior detailing for a consideration amounting to P120,000;

3. A perusal of herewith attached “Annex 1”, my conversation with Myhrl showed

that he first asked what we will do with his Mercedes Benz brought by his brother to our shop
and how we will do it. I told him that we have a promo which is P25, 000 for the wash over, P4,
500 for the dashboard re-ups and P2,500 for the detailing of chrome. She further inquired how
much will it cost if we will change the paint, stripping it fully to metal in which I answered
P58,000;

4. It is also in the said attachment that I explained fully after he asked for a discount
that the P56, 000 will be for the paint. I also informed him we needed to apply base paint before
putting the final color. A continuation of our conversation on ‘’Annex 1-A” showed that I
frankly and honestly told him that if his car is intended for a car show the process will be
meticulous;

5. I did not employ any flowery words to any of the complainants that persuaded
them to deal with me. Our conversation on Annex 1-A showed that I became transparent on how
long will it take for us to finish stripping the car to metal depending on the weather condition;

6. It was previously agreed that we will be conducting progress billing after the 60%
progress on the repair as shown on ‘’Annex 1-B’’. In the usual course of our business, we
commonly issued progress billing when a project has a long duration, so that we can obtain
sufficient funding to support the repair operations in the interim;

7. I also deny showing them the Annexes C, C-1, C-2, C-3. These pictures were
posted in our Facebook Account TD Auto Custom as a proof of our previous works. The
complainants voluntarily check said photos without me telling and presenting it to them;

8. Sometime on March 2017, Michael brought the 1972 Model Mercedes Benz to
our shop with Plate No. NBD-342. Upon entry of the said vehicle to our shop, I already observed
that there are inconsistencies on the sound of the engine of the car. Said observation was
mentioned by me to Myhrl over the phone to informed him that while his car can be drive in the
city, it can no longer stand a long drive. However, I did not offer any services in connection with
the engine as the agreement did not include the engine of the car;

9. On May 1, 2017, Michael gave an initial payment of P37,000 to me at our shop

and he told to me that I will inform his brother that I received the whole amount of P40,000 on
which I did. I agreed because Michael promised that he will return the P3,000 to me later on. I
did not refuse giving acknowledgement receipt. It is Michael who told me to issue the receipt
after they fully comply with their payments. However, even without issuing receipt, I informed

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Myhrl that I received said money. Attached is “Annex 2”, the message I sent to Myhrl
acknowledging that I received P40,000 from his brother;

10. On May, 22, 2017, after checking the overall condition of the 1987 Mercedes
Benz brought to the shop by Michael, I immediately informed Myhrl of the poor condition of the
under chaissis of his car. Through messenger, I told him that the under chassis of the Mercedez
Benz was full of rust and said rust causes the melting of the under chassis. Shown in ‘’Annex 3’
are the pictures of the under chassis rust I sent to Myhrl;

11. In his reply at ‘’Annex 3-A’’,Myhrl agreed that the under chassis has damage. It
is also on this note that he told me to hold temporarily the process (under chassis painting)
pending the availability of his budget. When he asked me how much will he be spending on the
under chassis painting, I told him that I will estimate it first and honestly informed him that if the
car will be repaired outside of the shop, he may waste his money if the repair shop cannot repair
the under part;

12. On July 17, 2017, when Myhrl asked for a discount as shown on attached
‘’Annex 3-B”, I explained to him that the P125,000 will include fully wire tucked, bodyworks
and paint on the car. I also told him that the under part of the car is laborious as it needed to be
fully restored. Moreover, I told him that the two fenders of the car need also to be restored in
addition to the repairs to be done on the two sides of the rear door. I ended up giving him
discount and agreed on P120,000. It is only on this note that the P120,000 agreement was
mentioned;

13. Still on attached ‘’Annex 3-B” , Myhrl told me not to rush the repair however, I
informed him that the initial payment he will be giving me is vital for the jump-start of the
repair. Hence, on July 23, 2017, I acknowledge to Myhrl that I received P28,000 from his brother
as shown on ‘’Annex 3-C’’. I did not refuse to give acknowledgement receipt as I am standing
on the previous verbal agreement that said receipt shall be given after giving the full payment;

14. Myhrl repeated on herein attached ‘’Annex 3-C’’ that there is no need for me to
rush the repair of the car however with my intention to be transparent I tried to give a time frame
that the repair will be finished by end of September. I explained that the flooring and under
chassis are laborious and I assumed Myhrl understood it as he even said that it is okay even if I
finish it by October or November (see attached Annex 3-D). It is worthy to note that in the
business of car repair, the initial time frame being given is only an estimate one and extension of
the period may happen depending on different factors such as bulk of works, absences of
workers and insufficiency of funds;

15. On August 29, 2017, I informed Myhrl that we needed funds for the continuous
repair of his car on which he sent me through Western Union the amount of P20,000. I did not
issue any acknowledgement receipt but I informed Myhrl that I received the money;

16. It is a big lie that after several follow-ups I made flimsy excuses but actually no
work was ever done on the car. On attached ‘’Annex 3-D”, after informing me that he sent
money, I informed Myhrl that the updates of the car can be seen on the FP Page of TDM Auto
Custom;

17. There is no truth that sometime on November 2017, I communicated with Myhrl
asking money for the resumption of work because I understood that we agreed to temporarily
stop the work. Attached is a copy of the conversation as ‘’Annex 3-F” On October 29, 2017

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wherein Myhrl asked me if we can postpone the repair of the car until January because he ran out
of cash. He reasoned that he used his money to pay his lawyer for his annulment case;

18. I did not receive any P20,000 from any of the complainants on April 9, 2018.
Myhrl only informed me that his brother will be bringing P20,000 to our shop but I never
confirm receiving said amount to Myhrl;

19. On April 18, 2018, I sent a message to Myhrl asking for an apology for not
answering his messages immediately as I was not able to open his messenger on his mobile
phone. Herein attached “Annex 4’’ ,I explained that we cannot turn the car upside down as the
mirror might get damage.

20. On June 1, 2018, herein attached as ‘’ Annex 5’, I informed Myhrl that we cannot
beat the deadline as the painter is still on the engine bay and under part of the car. I pleaded if we
can extend a little bit an sent him latest pictures of the progress of the repair of the car;

21. Upon seeing the pictures I sent, Myhrl even appreciated the development on his
car and told me that if the shop is busy it is okay for him as there is no need to rush the repair of
his car. He even said that what is important to him is the outcome of the car;

22. On September 3, 2018, I sent to Myhrl pictures of the underchassy old paint and
undercoat stripping attached as “Annex 6”. On September 10, 2018, I sent again pictures of the
under-chassy preparation for final painting, as ‘’Annex 7”

23. On December 19, 2018, I explained to Myhrl that I asked a wire from them only if they
wanted that a new wire will be connected to the car. I even assured him that the repair of the car
is on-going and reminded him of those moments when he asked me to temporarily stop the repair
of the car. Also, I reminded him the first mechanic who handled the car left the shop (see
attached Annex 8);

24. On January 23, 2019, I informed Myhrl that we needed battery,engine oil and petrol so
that we can run the car (Annex 9). However, Michael brought only Battery and Engine Oil;

25. On February 25, 2019, I told Myhrl to just get the car if they cannot give the needed
parts, anyway the we are already done with the agreed repairs (Annex 10);

26. Let me clarify that the message I sent “halos yari neh sir itanamung wiring keng
dashboard pero 100% aliya mandar ing chedeng” on Annex I-1 TO Myhrl does not mean that the
car will no longer work. It only means that as of the time the message was sent, the car cannot be
used for the meantime as the engine was removed during the painting of the engine bay;

27. Despite all the harsh words I received from the complainants, I still offer to settle this
issue amicably. However, when I called their lawyer on February 20, 2020, their lawyer told me
that the complainants wanted me to pay P500,000. Hence, this counter-affidavit;

28. It seems that the complainants wanted more to be done on their car without wanting to
spend more, which is undesirable in the business of car repair;

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 29. Attached as ‘’Annex 10’’ is the current pictures of the car and ‘’Annex 11’’ was the
previous pictures of the car during its preparation for the agreed repairs. Said pictures
can show that all the agreed repairs were done faithfully;

30. Thus, with all due respect, it perhaps behaves the Honorable Office of the City
Prosecutor to take a keen look at said allegations vis-à-vis the circumstances obtaining between
the parties and thus determine that there is no probable cause to indict me and dismiss this case
outright;

31. I have executed this Counter-Affidavit to attest to the truth and veracity of the
foregoing, to rebut the baseless and unfounded allegations against me, and to have the charges
against me dismissed for lack of probable cause.

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