Republic of the Philippines

Department of Justice
National Prosecution Service
City of Baguio
Justice Hall (insert address)

ALILIWAY IS No. 12345

REPRESENTED BY: PEDRO BASILICA For: Violation of B.P.
Blg. 22

-versus-

RODEL BAGIWES
x----------------------------------------------------x
COUNTER-AFFIDAVIT
I, RODEL M. BAGIWES, of legal age, married, Filipino citizen, and a
resident of House no. 114, Upper QM, Baguio City, after having duly sworn
to in accordance with law hereby depose and say, THAT:
1. I admit that I applied for a loan with ALILIWAY, through its sole
proprietor PEDRO BASILICA, sometime in February 2018 and that it was
subsequently approved, thus we entered into a Memorandum of
Agreement (MOA) regarding the loan;
2. I also admit that it was agreed upon in the MOA that payment be
done through the issuance of checks payable within a year after the
granting of the loan;
3. I admit that I issued a check, with a check number 134812, dated
March 15, 2018, having the amount Php 282, 250.00. The issuing bank
was Allied Bank Baguio City Branch;
4. I also admit that when I issued the check to ALILIWAY, I made the
assurance and representation that the check is good and would be
covered by sufficient funds when presented for payment;
5. Further, we agreed that ALILIWAY should present the check for
payment on May 22, 2018;
6. Before May 22, 2018, I went to Allied Bank and checked if I have
sufficient funds for the encashment of the check. Allied Bank answered
in the affirmative;
7. On May 22, 2018, I was anticipating a call from ALILIWAY or the bank
that will tell me that a check of mine is encashed by ALILIWAY;
8. To establish my intention to settle my obligation, I wrote a letter to
Pedro Basilica asking if he already encashed the check. A copy of the
letter is attached and marked as Annex “1”;
9. I never got any reply as to that matter from Pedro Basilica or
ALILIWAY;
10. I admit that the check was presented but not on the date we agreed
upon. It was only presented sometime in March 2019;
11. I was only notified of its dishonor by a letter dated March 18, 2019. I
received the said letter on March 27, 2019;
12. On March 28, 2019, I went to the principal place of business of
ALILIWAY to settle my obligations, but Pedro Basilica cannot be found;
13. The person left in charge of the place is Mike Oxmall. He stated that
Pedro Basilica went to America for a vacation. A copy of Mike Oxmall’s
affidavit is attached and marked as Annex “2”;
14. Further, I visited Pedro Basilica’s residence at House no. 113,
Brookspoint, Aurora Hill, Baguio City, on different dates, but the maid
named Rowena Batumbakal told me that Pedro Basilica and his family is
still in America. I asked when will they return, and said she do not know
because the instruction to her was that they will be gone for a while
because America is not the only place in their planned journey. A copy
of Rowena’s affidavit is attached and marked as Annex “3”;
15. I repeated this course of action for over 2 months, but to no avail;
16. Since I could not meet their ends, I am still trying to settle this matter
with them but by reason of the refusal, the presumption exists on their
part that they wanted to push through this case despite of my
willingness to settle because if the case would push through, there is a
possibility that the amount of the subject monetary debt would
increase;
17. By the aforementioned reasons, I could not be held liable for a
violation of Batas Pambansa Blg. 22. In People v. Laggui, it was held that
the maker’s knowledge of the insufficiency of funds is legally presumed
from the dishonor of his check for insufficiency of funds except when
the check is presented after 90 days from the date of the check, or when
the maker or drawer pays the holder thereof the amount due thereon,
or makes arrangements for payment in full by the drawee of such check
within five (5) banking days after receiving the notice that such check
has not been paid by the drawee;
18.I am executing this Counter-Affidavit to attest to the truth of all the
foregoing statements and further prays for the DISMISSAL of this
criminal case filed against me;
 IN WITNESS WHEREOF, I hereunto affix my signature this 31st
day of August, 2019 at Baguio City, Philippines.

RODEL M. BAGIWES
Affiant

SUBSCRIBED AND SWORN TO before me this 31st day of

August, 2019 at Baguio City, Philippines.

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VERIFICATION

I, RODEL M. BAGIWES, of legal age, married, Filipino

citizen, and a resident of House no. 114, Upper QM, Baguio City, after
having been duly sworn to in accordance with law, hereby depose and
say:

That I am the Respondent of the above-entitled case;

That I have caused the preparation of the above-entitled

Counter-Affidavit and the contents are true and correct to my own
personal knowledge and based on authentic records;

IN WITNESS WHEREOF, I have hereunto set my hand this 31st

day of August, 2019 at Baguio City, Philippines.

RODEL M. BAGIWES
Affiant

SUBSCRIBED AND SWORN TO before me this 31st day of

August, 2019 at Baguio City, Philippines, affiant exhibiting to me his
valid identification card bearing his picture and signature as
competent proof of his identity.

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