Republic of The Philippines

DEPARTMENT OF JUSTICE
Office Of The City Prosecutor
City Of Baguio
JOSEPH PATRICK NACION,
Complainant
17-INV-16-2707

NPS Docket No. 1-

- -vsCONCHITA NACION and CECILLE PUBLICO,

Respondent
x--------------------------------------------------x
COUNTER-AFFIDAVIT
We, CONCHITA NACION and CECILLE PUBLICO, Filipino Citizen,
of legal age, and residents of __________________, Baguio City, after
being sworn into in accordance with law,hereby state under oath
that:
1. We are the respondents in the above stated case.
2. We deny the accusations against us b the complainant the
truth being that which will be discussed below.
3. I CONCHITA NACION is the owner of the property described in
Tax Declaration ARP No. 96-04010-11850 even before the
property was transferred in my name by virtue of a Deed of
Donation executed by my son, the late DR. JOSEPH NACION.
4. I applied for and possessed the property when I was working
at the Baguio City hall way back in ____________________.
5. I then personally spent for the improvement covered by the
said tax declaration, and constructed a house over the
property solely on my own expense.
6. When my son was eight (8) years old I caused the
registration of the house and lot for tax purposes in his name
because my husband was a notorious womanizer and I was
afraid that if I register it in our names as spouses, he might
have other children who might take interest over it.

7. After a while I went to the United States and became a

Citizen thereto, and petitioned my son the late Dr. Joseph
Nacion to join me n the United States contrary to the claim
of complainant that I followed them to the U.S. and lived
with them.
8. However, all the income derived from the house I left in
Guisad, described in the subject Tax Declaration is being
remitted to my account, because I own it.
9. I spent for the support of my late son during his formative
years and for his Education until he eventually became a
Doctor.
10.
Me and my son visited the Philippines sometime in the
year 2011 and stayed at our house in Guisad.
11.
During that visit, he asked me where the Office of the
City Assessor is, and I told him it is in City Hall.
12.
He then went to the City Hall and when he came back
later, he told me matutuwa ka sa ginawa ko mama
ipapatransfer ko na yung bahay sa pangalan mo and asked
me to sign a document which is a deed of donation.
13.
I wouldnt have mind whether it be transferred in my
name or no, because eventually it might have gone to him if
he did not predecease me, but still I was thankful to him,
because he knows that it is really mine.
14.
He later told me that he paid someone to take care of
the transfer of the tax declaration in my name.
15.
We then went back to the United States and I stayed
there even after the death of my Son on September 23,
2012.
16.
After the death of my son, I was mistreated by my own
Grand Son, who even withdrew my money left in the Bank in
the United States for himself which made me decide to come
back in the Philippines to live with my adopted daughter
Cecille Publico who I know will take care of me.
17.
When I came back to Baguio City, I did not even know
that the property was already transferred in my name .

18.
Assuming for arguments sake that the alleged deed
was falsified, my Grandson is not the proper party to
question the document because he claims that it is Dr.
Joseph Nacion whose signature was falsified, and not his,
therefore he has no locus standii to institute the present
charges.
19.
No where in the Deed of Donation that the name and
signature of JOSEPH PATRICK NACION appear.
20.
I, Cecille Publico also state that I never knew of the
execution of the Deed of Donation, I never even witnessed
the same, in fact my name and signature does not appear in
the said document.
21.
Furthermore it can not be presumed that the Deed of
Donation will enure to my benefit because it was donated to
our mother.
22.
Also we observed that the purported AffidavitComplaint of Joseph Patrick Nacion which appears to have
been done in the United States, was not duly executed
before the proper Administering Officer or a Notary Public
and should be considered as a mere scrap of paper.
23.
We are executing this Counter-Affidavit to attest to the
truth of the foregoing and to move for the Dismissal of this
complaint against us.
CONCHITA NACION
Affiant-Respondent

CECILLE PUBLICO
Affiant-Respondent

SUBSCRIBED AND SWORN to before me this 27th day of

October 2016 in Baguio City, Philippines Affiants personally known
by me to be the same persons executing the same, being the
clients of our law office. I hereby certify that I have personally
examined the affiants and that I am fully satisfied that they have
voluntarily executed and understood the contents of there
Counter-Affidavit.
_________________________________________
Administering Officer