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VAWC COUNTER AFFIDAVIT

EXERCISE 4
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF DAVAO DEL SUR)
CITY OF DIGOS ) S.S.
x----------------------------------------------/

COUNTER–AFFIDAVIT

I, KEVIN IBARRA HENDERSON, of legal age, Filipino,

married, and a resident of 1st Crumb Street, Digos City, Davao del
Sur, Philippines, after having been sworn to in accordance with law,
do hereby depose and state that:

1. On 04 May 2018, I received a copy of the Subpoena with

Attached Complaint-Affidavit from this Honorable Office of the
Provincial Prosecutor of Digos City, Davao del Sur, requiring me to
appear and submit my counter-affidavit and the affidavit of my
witnesses within ten (10) days from receipt thereof;

2. I am being charged by my estranged wife NICOLETTE

SANTOS HENDERSON (herein after referred to as “Nicky” for
brevity) for violation of Republic Act No. 9262 or “Anti-Violence
Against Women and Their Children Act of 2004” , specifically Sections
5(a) and 5(i);

3. There is no truth to all the allegations of the

Complaint of NICOLETTE SANTOS HENDERSON indicting me of
the instant charges. The truth of the matter is explained below;

4. I may not be the perfect husband. I have fathered three

children out of wedlock (one of it is with her best friend
DOMINIQUE CRUZ MENDOZA) and my estranged wife knew
about my past or my situation before we got married on January 10
2016. In fact, she assured me that my past would never be an issue
as she would accept me for who and what I am alongside my
children;

5. That we lived together as common law spouses for three (3)

years before we decided to get married on January 10, 2016;

6. But our four (4) years of living together as common law

spouses eventually husband and wife and parents to our children
have betrayed all the promises made. My two children (out of
wedlock) who practically grew up with Nicky as the only mother they
know could attest as to how she has manipulated and abused us;
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VAWC COUNTER AFFIDAVIT
EXERCISE 4

Copy of the Affidavit of my two children out of wedlock is

attached as ANNEXES “A” and “B”.

7. In January 3, 2017, when the doctor declared her to be

forever incapable of conceiving a child, Nicky drove us out of our
conjugal home. We were forced to look for another house in 1 st
Crumb Street, Digos City, Davao del Sur, Philippines. But the incident
was truly a blessing in disguise;

8. Growing up, my children were physically, psychologically and

verbally abused by Nicky. I learned from my own children how Nicky
would authorize the househelp to inflict corporal punishment at my
children and to verbally abuse them in her absence. When she was
around and my children became remiss on their assigned household
chores, Nicky would scold them real hard and physically hurt them;

9. Nicky was also unreasonably strict and stringent to my two

(2) children out of wedlock; I had no say in the house. It was always
Nicky who would decide for everything, including matters pertaining
to my children out of wedlock;

10. Like any normal couple, I must admit we had disagreements.

But Nicky, with her mannish and overbearing ways, would at times
overcome me;

11. When we were together, Nicky would always create a scene

that would all the time end up badly at my expense. It would always
appear that I was the one bullying her, when she was the one who
would maneuver for us to have the fights and would insist all her
whims and caprices on me and on the children. She would get violent
and physical;

12. My children could truthfully attest that it was Nicky who

physically and psychologically abused us. She would easily get
jealous and would nag me all the time. When she would not get what
she wants, she would frequently leave the conjugal home and
abandon us for days;

13. On February 14, 2017 at around 8 o’clock in the evening, she

called me and said that she will kill herself. I immediately rushed to
our conjugal dwelling and upon entering the door, I noticed her
holding a glass with some liquid in it which I later on confirmed was
a whiskey. Then she went hysterical and kept punching me and
uttering really bad words towards me.
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VAWC COUNTER AFFIDAVIT
EXERCISE 4

I tried my best not to hurt her but she then grabbed a knife which
prompted me to defend myself. To prove the purported physical
abuse I caused her, Nicky presented in her Affidavit-Complaint a
medical certificate. Truth is, whatever injuries she incurred were self-
inflicted injuries from attacking me. I would block her vicious assaults
by unintentionally pinning her down. If I did not do that, the injury
she would have caused upon me would have been fatal;

14. After she was rushed to the hospital I realized to give

everything a second chance that is why I tried my best to woe her.

15. Everything was smooth sailing until on the morning of April 1,

2017 Nicky saw a birth certificate of a child in my jacket which I then
explained that my child KEVIN MENDOZA HENDERSON JR. with
her best friend DOMINIQUE CRUZ MENDOZA will be late baptized
on April 10, 2017. With her jealous nature, she again made a big deal
out of it and insisted that I am still in a relationship with
DOMINIQUE. In order to get out of the heated situation, I walked
out.

16. With regards to the text I sent her on January 10, 2018, she
was accusing me of different things and kept cursing at me that is
why I lost my temper and uttered those words. The full conversation
can be seen below:

TIME TEXT MESSAGES

8:59 AM Kevin! Where is the money?

Have you been using it to
support all your mistresses?
9:00 AM What do you care about the
income? Mind your own
business you whore!

9:05 AM Fuck you Kevin! I really hate

you!
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EXERCISE 4

9:10 AM You jealous little bitch! Shut

the fuck up!

9:50 AM If you will not go home at

this moment I will burn all
your clothes. Don’t dare me.
I will do it for sure!

10:00 AM Jealous much? You can’t

compel me to stay with you.
There are many fishes in the
sea.

10:06 AM I will sue you! Grrrr……

10:10 AM Motherfucker!

10:12 AM I am serious asshole!

10:15 AM Get lost moron!!!

17. On the matter of my absence which I allegedly

concealed, those accusations are all lies and baseless. On that
alleged dates I was attending to our shipments in Bacolod. To serve
as an evidence to support my claim is a shipment receipt for the
transactions I made;

Copy of the Shipment Receipts is attached as “ANNEX C”

18. As if it was not enough that she had caused my children so

much pain during the four-year period we were living together, she
now pursues this baseless indictment just to hurt me and my children
some more.
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EXERCISE 4
19. Prescinding from the above, I most respectfully pray that the
instant charge against me be dismissed for complete absence of
probable cause. For the sake of our children, it is better that this
matter should be talked about between us or even with the
assistance of a neutral family friend, with calm, respect and love
especially the love we commonly share for our children. Facing each
other in court would only worsen matters as it already is.

TO THE TRUTH OF THE FOREGOING, I have signed this

Counter-Affidavit on 8 May 2018 at Digos City, Davao del Sur,
Philippines.

KEVIN IBARRA HENDERSON

Respondent

SUBSCRIBED and SWORN to before me this 08 May 2018,

at Digos City, Davao del Sur, Philippines, the respondent exhibited to
me competent evidence of identity consisting of SSS ID NO. 768-
9807-09789. I hereby certify that I have personally examined the
respondent and am satisfied that she voluntarily executed and
understood his sworn statement.

DOMINIC ELOJA EMBODO

Prosecutor II
Office of the City Prosecutor