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DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
xxx xxx
Xxx bank,
Complainant/s,
COUNTER – AFFIDAVIT
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G. I have been employed in xxx xxx xxx for a very long
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4. The Elements of Qualified theft thru Computer-Related
Forgery punishable under Section 4(b) of the
Cybercrime Prevention Act of 2012 are not present:
1
G.R. No. 176504, September 3, 2008, 564 SCRA 99, 110.
2
G.R. No. 122290, April 6, 2000, 330 SCRA 115, 138-139.
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eruption, or any other calamity, vehicular accident or
civil disturbance.
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missing funds were transferred to Account No.
109452159301, that purportedly was my Account
Number. However, I have no knowledge of such
transfer and or the use of my bank accounts;
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have no participation in the encoding of data or the
actual transfer itself but some other employee.
3
Blacks Law Dictionary, sixth edition, 1990 at 693 (underscoring supplied), citing Efron vs. Kalmanovitz, 249
Cal.App. 187, 57 Cal.Rptr. 248, 251; Leung Yee vs. Frank L. Strong Machinery Co., 37 Phil. 644 (1918); Fule vs.
Legare, 117 Phil. 368 (1963).
4
Gabriel vs. Mabanta, G.R. No. 142403, March 26, 2003, 399 SCRA 573.
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excite the belief in a reasonable mind, acting on the facts
within the knowledge of the prosecutor, that the person
charged was guilty of the crime for which he was
prosecuted.5 No less than the Supreme Court has held that
“while probable cause should be determined in a summary
manner, there is a need to examine the evidence with care to
prevent material damage to a potential accused’s
constitutional right to liberty and the guarantees of freedom
and fair play and to protect the State from the burden of
unnecessary expenses in prosecuting alleged offenses and
holding trials arising from false, fraudulent or groundless
charges6;
interest;
10. For whatever may had happened are all explainable and
are just according to the circumstances. I am hoping that
my relationship with the company will not be totally
strained but is just a mere bump on the road that will be
part of my experience working there;
5
Severino B. Vergara v. The Honorable Ombudsman G.R.No. 174567 March 1 2009
6
Alfredo Ching vs. The Secretary of Justice, et al., G. R. No. 164317, February 6, 2006.
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desire. So I hope that the Company will understand and will
give me another chance to again, gain their trust;
xxx family;
PRAYER
WHEREFORE, premises considered, it is respectfully prayed
that the instant criminal complaint be DISMISSED for lack of merit.
FURTHER, the respondents respectfully pray for such and
other reliefs as may be deemed just and equitable in the premises.
Defendant
CERTIFICATION
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