REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
CITY OF MANILA

JOSEPH J. TABIRARA,
Complainant,
NPS Docket No. ________________
-versus- For: Violation of Art. 172 in relation to
Art. 171 of the Revised Penal Code of
the Philippines (FALSIFICATION OF
DOCUMENTS)

ROBERTA L. RIGA
JOSE ROMMEL ABAC
LAMBERTO G. MINDANAO
DENNIS DEL PILAR
All members of the Board of
Directors of Chamber of Customs
Brokers, Inc. (CCBI)
Suite 106 Port of Manila
Building, South Harbor, Manila,
Respondents.

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COUNTER-AFFIDAVIT

We, Roberta L. Riga, Jose Rommel Abac, Lamberto G.

Mindanao, and Dennis Del Pilar, in response to the Complaint-Affidavit

filed by Complainant, hereby submit this instant Counter-Affidavit and

under oath state that:

1. Respondents admit that portion of paragraph 1 of the

Complaint-Affidavit regarding the names of the respondents and their

respective positions at Chamber of Customs Brokers, Inc. (CCBI), as well

as the office address of CCBI;

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2. Respondents specifically denies the allegations made in

paragraphs 2 and 3 of the Complaint-Affidavit to the effect that, assuming

the assailed Board Resolution 01-2015 is indeed ultra vires, the matter

may be viewed as a mere intra-corporate dispute involving the directors of

CCBI which should be threshed out at the proper forum. Certainly,

respondents did not conspire to commit the crime of falsification since they

never made it appear that there was a quorum during the meeting in which

the said board resolution was allegedly signed and adopted.

3. Respondents admit the allegations made in paragraphs 4 and

5 of the Complaint-Affidavit.

4. Respondents specifically deny the allegations contained in

paragraphs 6, 7, 8, and 9 of the Complaint-Affidavit, the truth being that

respondents never made it appear that there was a quorum at the 22nd

regular board meeting of CCBI held on 13 January 2015. This is evidenced

by the attendance sheet for the said board meeting, attached to the

Complaint-Affidavit as Annex B, in which it can clearly be seen that, out

of fifteen (15) directors of CCBI, only five (5) directors, herein respondents

and a certain Ariel P. Reyes, were present and signed the attendance

sheet.

5. Evidently, respondents cannot be held liable for violation of

Article 172 in relation to paragraph 2 of Article 171 of the Revised Penal

Code. The elements for the act of falsification mentioned in paragraph 2 of

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 Article 171 are as follows: 1) That the offender caused it to appear in a

document that a person or persons participated in an act or

proceeding; and 2) That such person did not in fact so participate in the

act or proceeding [emphasis supplied]. On the attendance sheet, it is

manifest that only herein respondents as well as Ariel P. Reyes signed

thereon. The signatures of the other absent directors were not forged so as

to make it appear that they were present during the said meeting. In fact,

the boxes after their names, wherein each director was supposed to sign

to signify their presence during the meeting, were marked only with an X,

indicating their absence at the meeting. Nowhere was there any forgery of

any kind committed which caused it to appear that the absent directors

were supposedly present at said meeting.

6. Respondents further specifically deny the rest of the

allegations in paragraph 9 of the Complaint-Affidavit, the truth being that

respondents never made nor alluded untruthful statements to the other

members of the Board of Directors since it can be clearly seen in the copy

of the assailed Board Resolution 01-2015, attached as Annex A in the

Complaint-Affidavit, that the other directors did not sign the said board

resolution. Absent their signatures, there cannot be any allusion or

misrepresentation made by respondents that the other directors assented

or conformed to the said board resolution.

7. Respondents specifically deny the allegations made in

paragraph 10 of the Complaint-Affidavit for lack of knowledge sufficient to

form a belief as to the truth and correctness of the same.

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 WHEREFORE, it is respectfully prayed that complainants

Complaint-Affidavit be dismissed with costs against the complainant.

IN WITNESS WHEREOF, we have hereunto set our hands this

_____ day of April 2015 in Makati City, Philippines.

ROBERTA L. RIGA JOSE ROMMEL ABAC

LAMBERTO G. MINDANAO DENNIS DEL PILAR

SUBSCRIBED AND SWORN TO BEFORE ME, this ____ day of

April 2015 at Makati City, Philippines.

INVESTIGATING PROSECUTOR

CERTIFICATION

I hereby certify that I have personally examined the Affiants and that

I am satisfied that they have voluntarily executed and understood the

foregoing Affidavit.

INVESTIGATING PROSECUTOR