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S-13 REPUBLIC OF THE PHILIPPINES DEPARTMENT OF JUSTICE OFFICE OF THE CITY PROSECUTOR SAN JUAN CITY Gloria Lapitin

Labandera I.S. NO. __________________________ Complainant -VS - For Gerardo Fuentes and Maria Yasmin Fuentes Rape and Serious Physical Injuries Respondents x------------------------------------------------------x COUNTER AFFIDAVIT We, Gerardo Fuentes, of legal age, married, and with residence at No. 203 San Antonio St., San Juan City, and Maria Yasmin Fuentes, of legal age, married, and with residence at No. 203 San Antonio St., San Juan City, both after being sworn in accordance with law, depose and say that: 1. We are executing this counter-affidavit as a reply to the sinumpaang salaysay and affidavit of Gloria Lapitin Labandera; 2. We admit that the complainant was employed as a house helper in our household for six (6) months since October 2012; 3. We vehemently refute the allegations made by the complainant in the complaint-affidavit that she submitted to this honorable court, viz: 3.1. The complaint of the crime of serious physical injuries under Article 263 of the Revised Penal Code against Maria Yasmin Fuentes. We rather maintain that the following are the truth behind the allegations made by the complainant: 3.1.1. There was no time that I noticed something different from how respondent Gerardo Fuentes treat her, compared to the other helpers in our household, 3.1.2. The assertion of the complainant in number 1, sub-clauses e and f of her affidavit seemed impossible because I am always in my office and I seldom stay at home. Hence, there is no chance that such observation can be made. Indeed, complainant also averred in her sworn statement that I am always at work and I leave the house early, and return late at night. 3.1.3. The complainant was not maltreated in any way, like her enumerations in number 1, sub-clauses g and h of her affidavit during her employment in our household, and 3.1.4. Her assertion in number 1, sub-clauses F to I of her affidavit is just a myth, and that the injuries she incurred were selfinflicted, and not in any way caused by us; and 3.2.The complaint of the crime of rape under Article 266 of the Revised Penal Code against Gerardo Fuentes, the truth being that. Similarly, we rather avow that the following are the truth behind the allegations made by the complainant: 3.2.1. There are no instances that I made some partial preference in my treatment of our household helpers, 3.2.2. The avowal of the complainant that I was staring at her and giving her stimulating smiles when she was working is likewise

S-13 a myth and has no basis. Simply because I am in the office while the complainants and her colleagues are doing the various household works assigned to them, 3.2.3. The allegation that complainant made that I raped her on 24 June 2013 is again a fictitious story crafted by her, 3.2.4. While it was true that it was only the complainant, my baby, and myself that were in the house on the evening of 24 June 2013, no rape was consummated. In fact, I was then pre-occupied with some office work and with looking after my nursing child, 3.2.5. Shortly before 24 June 2013, the respondent peculiarly availed of her monthly day off because she said that her mother was in town from the province, 3.2.6. It can be presumed that the lacerations found on her vagina by the medico legal was caused by a sexual encounter she had during her day off, and 3.2.7. That I categorically state that I have no carnal desires for the respondent, and that during her employment in our household, I treated her with outmost respect and dignity, akin to how I treat her other colleagues. AFFIANTS FURTHER SAYETH NAUGHT IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of June 2013, in San Juan City.

GERARDO FUENTES Affiant

MARIA YASMIN FUENTES Affiant

JURAT SUBSCRIBED AND SWORN to me, in the City of San Juan, this 26th day of June, 2013, the affiant, Gerardo Fuentes exhibiting his Passport No. EB2017767 issued at the City of Manila on August 29, 2011, and affiant Maria Yasmin Fuentes exhibiting her Drivers License No. 1234567890 issued at the City of San Juan on September 29, 2011

Doc. No. ___; Page No. ___; Book No. ___; Series of 2013