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REPUBLIC OF THE PHILIPPINES ]

CITY OF ]S.S.
PROVINCE OF ]

COUNTER-AFFIDAVIT
WITH COMPLAINT
I, MARIA DELA CRUZ, of legal age, Filipino, and a resident of Blk. 13, Lot 13,

Quezon City, after having been duly sworn to in accordance with law, hereby depose

and states: That—

I am the respondent in I.S. No.-13-INV-13-B-00113-13 now pending preliminary


investigation in the Office of the City Prosecutor, Quezon City, before Associate City
Prosecutor Maria Ocampo;

Respondent was required to submit her Counter-Affidavit in answer thereto, I


vigorously and strongly denies all the accusations levelled against me by complainants
___________ and _________ for reason that same are lies, fabricated and concocted by
complainants _________ and _________ who acted in tandem to malign me and
destroy my reputation by imputing malicious and slanderous accusations against my
person and to further besmirched my character as a good and peaceful law abiding
citizen;

I deny the charge for Unjust Vexation it is baseless and fabricated, a concoction
and lies complainant _________ cannot deny the fact why closure and padlocking the
premises was imposed, the reason is clear, complainant stop and ceased paying her
monthly rentals, this is a violation of the contract, to quote “Monthly rental shall be
paid every 1st day of each month the form of cash/check deposit to Lessor’s bank
account. That in case of late payment on monthly rental, the Lessee agrees with the
Lessor a penalty charge of five (5%) percent of the monthly rental. Moreover, the
Lessee agrees with the Lessor an annual increase on monthly rental of the rate of
Seven (7%) percent” the contract is cleared here, what is the problem then with
complainant _______ and to the intent of the filing a baseless complaint without
realizing she was the one who defaulted in her monthly rental of the rented premises, it
is the right of respondent Ms Dela Cruz to effect the closure because complainant
stopped paying her monthly rentals and continuously do business at said rental
premises when infact she was not paying her rentals as agreed in the contract;

I exerted all efforts to reached out the complainant ________, so we can come to
an agreement of how to pay her defaulted rentals and start anew by reconciling her
records of payment but complainant __________ ignored all my requests for us to meet
and if possible reached to an agreement regarding the matter on her non-payment of
monthly rentals, hence the reason why closure is effected on my rental premises. No
vexation happened here, it is complainant ________ who acted without due respect
honoring our agreement in the contract, it was her who forced open the padlock rented
premises without my knowledge and consent and conducted her business. Acting in
tandem with complainant ___________ who I learned from reliable sources that he is
the duly elected incumbent Barangay Kagawad which makes him a public official, as a
public official you must observed proper ethics and exercise a good decorum when
conducting business as a public official with the people in general, but I was wrong
when got the chance to interact with complainant _________, it was during my meeting
with complainant ________on +_______ while I was having a personal meeting with
________ then suddenly complainant _________ intrude, I was surprised why _______
intruded, I asked him who he is and proudly he presented and introduced himself to be
the husband of complainant _______, it was at this juncture that complainant ________
started hurling and throwing unpleasant words against my person purposely to malign,
refute and defame my untarnished reputation in the hearing distance of the people now
gathered around us, I was led into an argument with complainant _______ for reason
that she was insisting that there is a contract and that the contract is still in effect, but it
is not the contract ceased or has already expired upon consumption of her deposits
and began defaulting of her non payment its effect and validity when complainant
______began defaulting with her payment, on monthly rentals that started in the
month of December, 2018, up to present, this was the very reason why I was obliged to
close and padlocked the rented premises. And to add more time to the already volatile
situation, complainant _______ butted in and impolitely made his way to the
conversation, he has no personality in the argument between me and ______, it was
because it is between a landlord and tenant matter. The question, of why _______was
still and doing her business at my rented premises when in fact I effected its closure for
that sole purpose, because I have given both _____ and ______ notice to vacate and
leave the premises but they merely deny my request and several please and demands
and insisting that my rented premises is government owned, there is no denying on this
matter, but the mere fact that I am the owner/holder of the rights, as listed as one of
the locators by the Office of;

Complainants ______ and_____insist on staying under the guise doing insurance


services with business name but it was observed in the 2nd par. of their complaint-
affidavit why it was declared that they are engaged in insurance services under the
business name CTPL Insurance, there seems to be a discrepancy in this part of their
statements they attached in the complaint Affidavit as Annex “A” to be exact a copy of
the business permit which says. Otherwise, it is and not CTPL Insurance, this is a bit
questionable who is who? Is it or CTPL Insurance doing business this is where the
problem stated who is doing business under CTPL Insurance, the same is the operator,
then why is CTPL Insurance declared us their business name in par. 2 of their complaint-
affidavit, it is clear that is not a registered lessee of the rented premises but merely a
free-loader of who allowed to do his business alongside with her without the consent of
the lessor_____, this is purely a deceit employed by both ______ and _____, they
committed fraud in allowing ______to be a tenant when in fact it is clearly started in the
contract that there will be no sub-leasing without the consent and approval of the
Lessor, ______, but ______ and _______ both employed deceit and fraud by continually
doing business and occupying the rented premises without due regard of the
stipulations in the contract and continuously stopped paying the rentals from
December, 2018 up to the present; that to prevent the rights owner _______,
complainants ______ and ______ threaten not to leave the premises until _______,
the Administrator of the ________ will order them to vacate and leaved premises.

Respondent will vacate the place if _____ orders so, but there is no order from
NEDA yet, thus has been discussed in several meetings with ______ and _________ that
there is a plan to developed _____________ also complainant ___________ was
informed of this development and she knows well about the plan to develop
___________ and it is only right that Lessor _________ who owns the rights by
acquisition from Mr. and Mrs. _________ who introduced themselves as the former
caretaker of the donor of the lot ________, now known as _____________.

There is no problem as to when to vacate and leave the premises because there
is no question who own the Lot___________, respondent would leave the premises if
_______ orders so, but in the case of complainants _________ and ______ here, the
point of interest is on the rented premises not on the lot per se it is the space whose
rights was acquired thru sale by __________ from Mr. and Mrs. _________ originally
thus rented space is an unfinished structure built on the government lot, it was acquired
by respondent because during that time ______is a lahar stricken province, frequent
flooding is the problem, respondent then saw this unfinished structure fronting ____
and immediately went to see the owners and offered to buy the rights it was developed
and finished and it was there where respondent lived and converted her living quarters
for sometime until she was transferred and assigned to Manila. That I decided to close
the premises and that was the time when _______ got interest and offered to rent the
said premises and she was the first who took in the rented premises as lessee and
opened her insurance business up to the time when this incident happened, during the
early years _______ was paying her rent until the time that she stopped paying the rent
up to this time that prompted respondent to close and padlock the rented premises but
_______ and ________ questioned the closure and in defiance to the sudden closure
they broke in the premises and destroyed the lock and open the rented premises,
occupied it as usual and do business up to this time, because of the forcible opening of
the rented premises, respondent seek to redress her complaint to the Barangay, it was
blottered and were summoned to meet at the Barangay, in the end no conciliation was
reached hence, the Certificate to File Action was issued to respondent to file her
complaint against the complainants ______ and ________, but was surprised before
even filing her she received a subpoena requesting her to appear before the Office of
the City Prosecutor regarding the complaints filed by _________ and ______ for Estafa,
Unjust Vexation and Falsification;

Altogether I deny the charges of Estafa and Falsification because there is no


deceit employed to entice complainants to rent my rented premises, it was done in
good faith and ________ can attest to this because I am the right owner on this rented
premises, she was on her own when she rented the premises we signed a contract and
an agreement is in place all this time and for _________ he was merely a free loader of
___________, he was considered a sub-lessee of __________ in contrary of contract of
agreement, it was all purely _________ instance why he was able to do business
together with her without paying rentals, it was only ___________ who I knows pay the
rentals in this case they both employed deceit and fraud by keeping ________ as a free
loader without my knowledge and consent, it is a clear violation of the contract,
falsification not an iota of it, because it is the truth that I owned the rights over the
rented premises not the lot per se but the structure erected;

In turn it should be complainants who I am now charging for Estafa, Grave


Threats and Serious Oral Defamation, the non payments of rental but continually
occupying the premises and do business thereat employed by both complainants when
they threatened and sowed fear on me by instigating and calling their cohorts the so
called LTO Fixers of _________ at their instigation the LTO Fixers Group surrounded and
swarm on me and my companions which I felt was causing danger that they might
bodily harmed me and my companions sowed fear and intimidation on us also defaming
and maligning my good character as a person by words uttered in the hearing distance
and presence of the people who came over at the investigation of both _________ and
___________ by uttering the following unsavoury words “NINU KA WARI? ALA KANG
KARAPATAN RENG LAMARAN A REN” which when translated into English is “WHO ARE
YOU? YOU HAVE NO RIGHT HERE, THOSE LIARS” which were directed to me, because of
those words said public I felt ashamed and that my person was indeed violated because
it was uttered in the hearing distance of many people and worst uttered in public video
taken on ________ at around 2 p.m. in the afternoon with Barangay _____attached as
Annex B);

In closing, I am respectfully requesting the Honorable Investigating Prosecutor to


dismiss the charges levelled against me and to adopt this affidavit as my Complaint
against complainants ________ and ___________ for Conduct Unbecoming of a
Government Official for ________.

IN WITNESS WHEREOF, I have hereunto to affixed my signature on this _______


day of _________ in the ______________.

______________
Respondent/Complainant

SUBSCRIBED AND SWORN TO before me this __ day of _____ 2019 in the


_____________.

___________________________
Administering Officer