REPUBLIC OF THE PHILIPPINES )

CITY OF CALAMBA ) S.S.

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C O U N T E R A F F I D A V I T


I, Roneric B. Valencia, of Filipino, of legal age, single, with the
assistance of the counsel, and presently residing at Block 113 Lot
17 Phase 7 Villa de Calamba, Laguna, after having been sworn in
accordance with law do hereby depose and say that:

1. I am the President of Homeowners Association of Villa de
Calamba. In said capacity, I am in charge of coordinating
the affairs and activities of the Association;

2. I recently learned that I have been charged with the crime of
Slander and Oral Defamation filed by a certain Mr. Samuela
Adams C. Samuela on 16 February 2014 pending before
the Office of the Prosecutor of Hall of Justice of Calamba
City;

3. The charged is based on a general assembly of the
association last 09 February 2014 which involved collection
of unpaid membership dues;

4. I did not maliciously impute any dishonor or discredit to Mr.
Samuela;
COUNTER-AFFIDAVIT
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5. The witness, Mr. Emerson Navarrete, was not an official
member of the Association, hence cannot be one of the
attendees in the said meeting;

6. The Paragraph 6 of the Complain-Affidavit dated 16
February 2014 is denied;

7. The remark of Illegal Drug Peddler is not serious and used
that term as an ice breaker or a joke to enlighten the
meeting of the Association;

8. I honestly believe that there was miscommunication only
between I and Mr. Samuela;

9. Morever, I did not mention his name as the Illegal Drug
Peddler. I was just giving a reason why the target
collections of the Association was not met in a ;

10. Clearly, there was no malice on my statements as it
was the truth;

11. I was informed by my counsel that every defamatory
imputation is presumed to be malicious, even if it be true, if
no good intention and justifiable motive for making it is
shown. There is, however, an exception to this presumption
of malice in law when the alleged defamatory imputation is a
COUNTER-AFFIDAVIT
Page 3 of 4
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private communication made by any person to another in
the performance of any legal, moral or social duty. ;

12. This exception refers to a privileged communication
which, though it may contain defamatory imputations, would
not be actionable if it is in response to duty;

13. Given the above arguments, it is apparent the instant
complaint is not sufficient to engender a well-founded belief
that an offense has been committed. There is no probable
cause to hold me liable for SLANDER AND ORAL
DEFAMATION as defined in the Revised Penal Code. Thus,
the present complaint-affidavit SHOULD BE DISMISSED
FOR UTTER LACK OF MERIT.

Affiants sayeth naught.

IN WITNES WHEREOF, I have hereunto affixed my signature this
12
th
day of July 2014 at City of Calamba, Philippines.

RONERIC B. VALENCIA
Affiant



SUBSCRIBED AND SWORN TO ME, this 12
th
day of July 2014.

Fiscal Rossana Marie O. Mergal
Investigating Prosecutor
COUNTER-AFFIDAVIT
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CERTIFICATION

I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED
THE RESPONDENT AND I AM SATISFIED THAT HE/SHE
UNDERSTOOD AND VOLUNTARILY EXECUTED HIS/HER
COUNTER-AFFIDAVIT.


Fiscal Rossana Marie O. Mergal
Investigating Prosecutor