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January 19, 2016

THE HONORABLE CITY PROSECUTOR


Office of the Bacolod City Prosecutor
Bacolod City, Neg. Occ.
RE: MIKEL PORRAS COUNTER AFFIDAVIT FOR QUALIFIED
THEFT I.S. NO. 1-2016
SIR:
The undersigned counsel respectfully submits the hereto attached
Counter-Affidavit of Respondent MIKEL PORRAS pertaining to the
criminal complaint filed against him for QUALIFIED THEFT by the
complainant MARBY DEL ROSARIO.
We respectfully request that aside from considering the counteraffidavit of the respondent, your office shall also set a clarificatory
hearing by the parties in order to personally assess the credibility of
their statements and possibly determine whose version of the story is
the truth.
Thank you very much for your usual kind accommodation on the
matter!
Very Truly Yours,

ATTY. DANIEL DEL ROSARIO, III


Counsel for the Respondent
MIKEL PORRAS
6100 La Salle Avenue, Bacolod City
Telephone No. (034) 123-4567
COPY FURNISHED:
ATTY. DENNIS SALEM
Counsel for Private Complainant
Rm. 96 Habal Habal Bldg, Bacolod City.

Republic of the Philippines)


Bacolod City City
) S.c.
x------------------------------------x
COUNTER-AFFIDAVIT
I, MIKEL PORRAS, of legal age, Filipino, single and a resident
of Bacolod City, Philippines, under oath hereby depose and state
that:
I am the respondent in I.S. Case No. 1-2016 filed against me by
the herein complainant Marby del Rosario on the charge of Qualified
Theft.
For the record, the charges filed against me by the complainant
are malicious and have no basis in fact and in law as there were so
many statements in his complaint affidavit filed before the Office of
the Honorable Prosecutor of Bacolod City that were fabricated and
are entirely untrue.
To start with, I am not an employee of Mabez Restaurant. The
truth of the matter is that I am an employee of JOPOGS MASSAGE
PARLOR since January 14, 2008 to present. I have attached
herewith as Annex A is the Certificate of Employment duly executed
by JOEL POGS, the proprietor of JOPOGS MASSAGE PARLOR.
That I do not personally know Marby del Rosario. This matter
can be easily inferred upon in the Complaint Affidavit which do not
contain any of my personal details, aside from my name. In fact the
closest interaction that I had pertaining to Marby del Rosario was
when I ate at Mabez Restaurant sometime in December 2015.
That when I ate at said restaurant, I directly complained to its
proprietor, Marby del Rosario that the Pancit Canton that was
served to me was stale and was with a very pungent odor.
That upon complaining to Marby del Rosario, she actually said
Kung indi ka kabayad, indi na mag reklamo. Umandam ka lang,
may adlaw ka guid. I was taken aback by the statements of Marby
del Rosario, but I did not pay any attention to the matter. In fact, I just
paid the P 100.00 bill for the Pancit Canton and hurriedly left.
That the complainant did not present any receipt or proof that I
have received the jewelries allegedly stolen from him. In fact, the
only evidence presented by her is her own self-serving testimony.

Finally, the fact that the complainant has no supporting affidavit


of witnesses only proves to show that her version of the story is
definitely not true and is merely fabricated. Otherwise, she would
have already attached a supporting affidavit of a credible witness who
can corroborate the truthfulness of her allegations. By reason thereof,
the subject complaint clearly lacks probable cause for it has no basis
whatsoever in fact and in law and should therefore be dismissed.
I am executing this affidavit in order to attest to all the foregoing
facts and for whatever legal purpose it may best serve.
IN WITNESS WHEREOF, I have hereunto affixed my signature
this 15th day of January, 2016 at Bacolod City, Neg. Occ.

MIKEL PORRAS
Affiant
SUBSCRIBED AND SWORN to before me this 15th day of
January, 2016 at Bacolod City, Neg. Occ. With the affiant exhibiting
to me his Drivers License No. F01-12345. I hereby certify that I have
personally examined the affiant and I am satisfied that he has
voluntarily executed and understood his affidavit.

ATTY. DANIEL DEL ROSARIO III


c/o 6100 La Salle Avenue, Bacolod City
PTR No. 0001234 B.C. Jan. 15, 2016
IBP No. 12345 B.C. Jan. 15, 2016
MCLE Compliance No. IV - 0044033-1-4-16
MCLE Compliance No. V 0004312 2-23-2016
SC Roll No. 12345

Doc. No. ______;


Page No. ______;
Book No. ______;
Series of 2016.

JOPOGS MASSAGE PARLOR


CERTIFICATION
This is to certify that MIKEL PORRAS is an employee of JOPOGS
MASSAGE PARLOR. This is to further certify that he was employed
on January 14, 2008 up to the date of this CERTIFICATION.
This CERTIFICATION is issued upon the request of MIKEL PORRAS
for whatever legal purpose it may serve him best.
Done this 15th day of January, 2016 at the City of Bacolod.

JOEL POGS
Proprietor
JOPOGS MASSAGE PARLOR