REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE PROSECUTOR
PASIG CITY

AAA,
Complainant,

-versus- For: RAPE

BBB
Respondent,
x--------------------------------------------------------x

COUNTER –AFFIDAVIT

I, BBB, of legal age and residing at Barangay Sta. Lucia,

Pasig City, after being sworn in accordance with law hereby
depose and state that:

1. I am the respondent in the above-captioned

Criminal Complaint;

2. Complainant was introduced and recommended to

us by her aunt as baby-sitter for my youngest child, from
December 2014 to June 20, 2015

3. The Answer to question number 8 of the “Kusang

Loob na Salaysay” of the Complainant charged respondent for
three (3) counts of rape, allegedly committed inside our house
at April 14, 2105 (12:30 pm), April 25, 2015 (9:30 am) and
May 11, 2015 (1:00 pm).

4. First and foremost, it should be noted that my

family consists of my three (children), my wife’s grandmother,
me and my wife together with CCC (all around house-helper)
and complainant were living in the said two-storey house at
that time.

5. At the onset, respondent vehemently and

categorically deny all the accusations of Complainant, whose
allegations are completely baseless and are mere concoctions
of a fertile imagination obviously designed to coerce
respondent and extort money from the latter.

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 6. A careful perusal of the “Kusang Loob na Salaysay”
of herein Complainant would show that the allegations therein
failed to meet the requirement “of probable cause” in order to
justify the filing of any information against respondent. The
complaint failed to sufficiently prove all the elements
constituting the offense charged against respondents as there
is no truth to any of the allegations of herein complainant.

7. Herein Complainant maliciously alleged that on

April 14, 2015, at around 1:00 in the afternoon, I allegedly
asked her to go upstairs in our bedroom, locked the door and
put my hand on her mouth so that she cannot shout for help.

8. Contrary to such allegation, considering the

distance of our room to my wife’s grandmother’s room and
because our house, though it’s a two-storey house, is small
that even a not so loud shout or resistance could definitely be
heard by anyone. 1

9. With regard to complainant’s allegation that On

April 25, 2015 at around 9:30 in the morning where she
alleged that in her room I allegedly raped her despite the
presence of all the members of my family, including my wife,
since it was a Saturday, which definitely, any resistance no
matter how slight it was could be heard by any one.

10. In fact, herein complainant was not alone on her

room, the all round house-helper was her roommate. She
seldom goes outside, as she is the one who usually cooks and
clean the house.

11. Hence, it is contrary to human experience to have

that chance to rape a person considering the presence of my
households in our house. And that bearing in mind the size
of the house and the distance of every room from one another,
any slight resistance or shout could easily be heard.

12. Same is true to complainant’s allegation on May

11, 2015 (Monday) at around 12:30 in the afternoon, the
same is impossible not to be caught or be heard by anybody
or everybody in the house.

13. It must also be emphasized that on the date and

time (April 14, 2015 at 1:00 pm and May 11, 2015 at 12:30
pm) when the alleged crimes (two counts) of rape were
1
Copy of photographs showing the size of our house and on how close with each other are hereto
attached and made an integral part hereof.

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committed, it was physically impossible for me to commit the
same as I was at my work during that time, as evidence by a
“Certificate of Attendance”2 issued by our HR/Office Manager,

14. In this connection, even our house-helper can

testify, that during that time, I was at work and it was
physically impossible for me to rape her due to distance
involved. She can even attest that she did not notice any sign
of trauma to herein complainant, as they (Rona and Janice),
being roommates were always together.

15. With respect to herein complainant’s claim that I

allegedly threatened to kill her and her family, the same is
inexistent.

16. It should be noted that I am working five days a

week and she was free to go out anytime she wants to out. In
fact, our house is located 300 meters more or less away from
the police station. If she was threatened, she could have easily
reported me to the police.

17. Actually, I and my wife, being her employers even

gave her a cellphone for her to constantly communicate with
her family in the province, with full access to our internet 24
hours a day.

18. It should also be worthy of consideration, that

during the time we employed her as baby-sitter, we usually
go home in Tarlac, especially in the months of March 2015 to
July 2015, when my mother was in her critical stage of
cancer, and she always go with us for her to go home in
Zarragoza, Nueva Ecija. Hence, if she was really threatened,
she could just have told her family every time she was with
them.

19. We always made sure that every time she goes

home, she will be at their house. We even compelled her to
call us and let her mother talk to us for us to have that
assurance that she safely went home.

20. On June 20, 2015, we again went home in Tarlac,

and as usual herein complainant was with us as she also
went home in Nueva Ecija. As our common practice, we made
sure that she went home. However, early morning of June 21,
2015, her mother called us, asking if complainant was with

2
Attached herewith is a copy of the Certification and made an integral part hereof.

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us. We told the complainant’s mother that complainant was
not with us, and we offer to help to find the complainant.

21. After a while, complainant’s mother again called us

and informed us that the complainant already arrived and
they found out that complainant slept with her boyfriend.
They even informed us that the complainant cannot go back
to Manila with us because they want to talk first with the
complainant’s boyfriend.

22. However, after more or less one (1) hour,

complainant’s mother again called us and that was the time
she casually accused me that I raped her daughter.

23. Other than herein Complainant’s malicious and

self-serving claims of an alleged criminal acts of respondent,
no sufficient evidence was submitted to support that would
constitute probable cause to engender a well-founded belief
that a crime has been committed and that herein respondent
is probably guilty thereof.

24. Thus, considering the circumstances when the

alleged criminal acts were committed, herein Complainant
failed to show in her allegations and by sufficient evidence
that same have been committed or that herein respondent is
probably guilty thereof;

25. “One who alleges a fact has the burden of proving

it, since mere allegation is not evidence.”3 Equally, “It is a basic
rue in evidence that he who alleges must prove his case or
claim by degree of evidence required.”4

26. Accordingly, the “Kusang Loob na Salaysay” filed

against respondent should merit dismissal. “Basic is the rule
that bare allegations, unsubstantiated by evidence, are not
equivalent to proof under the Rules.”5

27. All told, I executing the foregoing Counter-Affidavit

for the purpose of attesting to the truth of the same and for
all legal intents and purposes.

IN WITNESS WHEREOF, I have hereunto affixed my

signature this ______________________ at ___________________.

3
Office of the Court Administrator vs. Runes, 720 SCRA 339 (2014).
4
Manlar Rice Mill, Inc. vs. Deyto, 715 SCRA 81 (2014).
5
Locsin vs. Hizon, 735 SCRA 547 (2014).

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 BBB
Affiant

SUBSCRIBED AND SWORN to before me this

__________________at _______________________.

I further certify that I have personally examined the

affiant and that I am satisfied that the affiant voluntarily
executed and understood the Counter-Affidavit.

Assistant City Prosecutor

Doc. No. ______;

Book No. ______;
Page No. _______;
Series of 2017.

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