Republic of the Philippines

Department of Justice
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
City of Malaybalay

SWEETCHER MAE R. COLONIA NPS DOCKET NO. X-09-

Complainant, INV-20A-018

-versus- FOR: VIOLATION OF

RA 9262
JAVIER GARZA
Respondent.
x------------------------------------------x

COUNTER-AFFIDAVIT OF
JAVIER GARZA

PRELIMINARY STATEMENT

I, JAVIER GARZA, of legal age, married, a citizen of the United States

of America, and presently residing at Purok 2, Casisang, Malaybalay City,
Bukidnon, after having been duly sworn to an oath in accordance with law,
execute this Counter-Affidavit in a question and answer form which shall
constitute as my counter affidavit, and fully aware that I am answering
the questions under oath and under pain of criminal liability in case of
any false or perjured testimony, to wit:

QUESTION AND ANSWER

Legend: Q – Question A – Answer

1. Q : Do you swear to tell the truth and nothing but the truth?

A : Yes.

2. Q : Please state your complete name, age, job and other personal
circumstances.

A : I am Javier Garza, 52 years old, married, a citizen of the

United States of America, and currently residing at Purok 2,
Casisang, Malaybalay City, Bukidnon;

3. Q: Are you the same Javier Garza who is the respondent in this case
for violation of RA 9262 filed by Sweetcher Mae R. Colonia now
pending before the Office of the City Prosecutor with NPS
Docket No. X-09-INV-20A-018?

A : Yes, that is me.

4. Q : Do you know this Sweetcher Mae R. Colonia who is the
complainant in this case?

A : Yes, I know her since she is the person who I had a romantic
relationship before and made me believing into entering a
marriage which turned out to be a fraud through her and her
mom’s manipulations;

5. Q : What can you say about the allegations in the complaint?

A : All of the allegations in the complaint filed the complainant

are all manufactured and just her imagination;

6. Q : Please narrate what really happened.

A : I am making a statement in regards to all of the allegations

against me in the complaint put in by my so-called wife which
are untrue and is a mere concoction and a fabricated
complaint to hide the fact that this is the second time
Sweetcher Mae Rivera Calonia Garza has taken my daughter
without my consent and has hidden her from me by force
only to extort money from me. I would like to first point out
that the alleged September 2019 incident which indicates no
date of occurrence is untrue. I have never cursed at her in
public. Secondly, I never grabbed her, choked or, slapped her
and there is no evidence submitted by her in this complaint.
The complaint mentioned her two friends whose names are
not part of the complaint and the complainant failed to state
the names, nor did these alleged "two friends" submitted any
statement or affidavit to corroborate the allegations put in by
Sweeetcher Mae Rivera Colonia Garza. Clearly the allegations
of the complainant are just fabricated purely to put me in the
bad light. In addition, the complainant did not seek any
medical attention with regards to said injuries she claims she
suffered allegedly in my hands. A woman of her age and a
woman like her who is knowledgeable of the ways of life
would and should have sent herself to the hospital for
medical attention or she could at least visit the medical clinic
that is nearby where we use to live as a married couple under
God;

7. Q : Please continue if you still anything more to say.

A : The allegations also on November 27, 2019 that I was also

drunk and angry is a patent lie considering the fact that I am
diabetic and I do not drink to get drunk. I follow bible verse
"Drink to be merry, not to get drunk" especially because I
make sure not to drink straight liquor due to having diabetes.
The complainant failed not only to subject herself to medical
examinations to determine the extent of the alleged injuries
 she suffered. Worst, she did not take any photos of said
injuries considering that she is a girl fond of taking selfies
and photos of almost everything she experiences in life. The
November 28, 2019 is also a dumb lie purely invented by the
complainant to put me to shame. She said that I have friends
there. Would my friends not stop me if I did what she alleged
in her complaint? She did not even mention who are these
friends and who are these family members that witnessed my
alleged act. The truth of the matter being is that the
complainant together with her family took away my Alexa so
that they could extort money from me;

8. Q : You said that the complainant is fond of taking pictures, do you

have any proof of the same.

A : Yes, I have here with me several photos I grabbed from her

Facebook accounts wherein she posts sexy and seducing
photos to lure innocent foreigners and give her money like
what she did to me. Nothing in these photos show that she
had injuries;

9. Q : I will attach these photos you have brought with you collectively
as Annex “1”, and this will form integral part of you Counter-
Affidavit, will you affirm my action?

A : Yes.

10. Q : By the way, how many years have you been here in the
Philippines?

A : I have been in the Philippines for more than two years and is
also my second time here and I have never broken any laws.
I have been a respectful visitor.

11. Q : You said that you have been in the Philippines for several times,
and you have not broken any law, do you have proof of such
claim?

A : I have here documents from the Bureau of Immigration and

from the Department of State Health Services of the State of
Texas certifying that I have clean record;

12. Q : I will attach these documents you have brought with you issued
by the Bureau of Immigration and from the Department of State
Health Services of the State of Texas collectively as Annex “2”,
and this will form integral part of you Counter-Affidavit, will
you affirm my action?

A : Yes.
13. Q : You said that the complainant had been extorting money from
you, can you explain how did she do this?

A : All of these things said by the complainant has been made up

in order to extort money from me and she is even using my
daughter so that I would be forced to give complainant
money. Since the birth of my daughter I have been supporting
all her needs and the complainant as well as her family. It did
not take long for me to realize that the complainant was not
truly in love with me but was just using me for money.

14. Q : Going back, how did you and the complainant meet?

A: To better understand what really happened, I want to narrate

how come the complainant and I reached this point. One day
in July of 2017, I came across her picture on Facebook and
was taken by her looks and commented on her beauty. She
responded and from then we started texting each other and
had fallen for each other. She eventually wanted us to meet
in person and I had told her I would love for that to happen
but that it would be in near future. She could not wait even
though we had set a date for December. She told me she had
no money, so I sent her money for a ticket to visit me in Cebu.
Believing that her intentions were pure and out of love she
crossed an ocean to meet me in Cebu but soon I realized I was
completely wrong.

15. Q : Please continue if you still anything more to say.

A : She arrived in Cebu sometime in November 2017 this was her

first time visiting me and we did what lovers do. She had
asked me right off how long I wanted her to stay after a
month of being together. I then asked why? You want to
leave now? She said no, but her mother wanted to visit. So, I
sent money for her mother to visit. I was the one who
provided for them everything. Took them to eat, shopping
and also to move into new place. I had been planning with
her to stay because I was in love with her even until now
apart from the fact that she is the mother of my child, my
little princess Alexa. I did not mind it because was foolishly
in love at the time. Soon after moving in she told me her
father wanted to her to visit him in Negros at that time so I
acceded her request and we all went to visit his father, me,
her and her mom.

16. Q: Please continue if you still anything more to say.

A : After we had gone to Negros her mom and dad had reunited
after her mom was having an affair in Cagayan de Oro. The
complainant thanked me for it and she felt that because we
 had gotten together that is why her mom and dad got back
together. While in Cagayan de Oro, I paid for our outings with
her mom and dad and soon her sister at a water park and soon
after went back to Cebu. I eventually proposed to her even
though we had considered ourselves married when I told her
once she asked to me to make love to her I considered us
married and she said yes. Unfortunately, it was shortly after
I proposed to her that I discovered that she was still in touch
with her ex from Australia and I found that they are sex-
texting. Thereafter, complainant became pregnant of our
child. After getting pregnant although we didn't know at that
time, I had paid for her to visit her mom again in Cagayan de
Oro only for her to tell me she would extend her visit there
or several more days for a family reunion only to find out
later she had lied to me about it .

17. Q : Please continue if you still anything more to say.

A : Eventually, I and the complainant had a visit from her dad

and brother in Cebu, still not knowing she was pregnant. Her
father had told her he wanted to be a grandfather already and
gave permission for us to marry and after months we found
out she was pregnant and moved to her family's hometown
because she wanted to give birth there. We were really very
happy at least on my part. Thereafter, complainant told me
she and her mom would be the ones to take care of all the
requirements and documents for our wedding and all I would
have to do is take care of the money part. Since I am not
familiar with the place and I also trusted her at that time, I
gave her money for the wedding documents and
requirements. After her mom and complainant found the
pastor I had paid in advance in the amount of Php 3000 for
securing the documents, the pastor had said it would be no
problem on his side doing the documents since it is still
months before the wedding day and that the religion of the
complainant was not a problem. Everything was going
smoothly so I thought everything was alright until the
marriage counseling session that was required by Malaybalay
City Hall that I had to pay for in advanced when the counselor
at the Population Development Office of Malaybalay City Hall
had revealed that there was no such Philippine tradition that
required me to give over all money to my wife or supporting
her family after marriage. After that matter was resolved, so
I thought.

18. Q : You said that you and the complainant underwent a marriage
counseling before the Population Development Office of the City
of Malaybalay, do you have proof of such claim?
 A : I have here a Marriage Counseling Certificate issued by the
said Office;

19. Q : I will attach this Certificate as Annex “3”, and this will form
integral part of you Counter-Affidavit, will you affirm my
action?

A : Yes.

20. Q : Please continue if you still anything more to say.

A : The big day came on February 7, 2019. The pastor presided

our wedding and after I said my vows, the pastor asked her
for her turn in saying her vows she did not have anything to
say but that she was shy. When it came time to sign the
certificate of marriage the pastor said we would do that at his
office. Which we did but then he started to avoid us and she
kept avoiding going to see what the holdup was. In March I
had gotten ill by an infection that could have killed me had I
taken more time to go to the hospital. It was in my blood
stream. While in the hospital the complainant would visit me
every day until one day, March 7th 2019 she texted me that
she was going into labor and was going to another hospital
only to see her walk into my room with a wristband on her
later that evening and came and got on bed with me and said
she couldn't have baby without me being there. My heart
melted. The complainant did not stay long because was told
that she could only be in the maternity ward due to infections.
March 8th 2019 a nurse came in and told me My Princess
Alexandria Kate Garza arrived this morning. The doctor came
to release me and I asked him to get someone to take the IV
off because I wanted to see my Princess. The doctor told me I
had to wait to be released and paperwork. I told him I’m
serious, get someone to take IV off or I’ll do it myself by
ripping it off my hand. The doctor instructed the nurse to take
IV off now "he is not going to wait". I could not be any happier
in my life seeing she opened her eyes for me, like she knew I
was standing there waiting for her to do that. I had tears in
my eyes as nurse said she had to take her in for feeding and
I told her mom that she was not only my kid but she was My
Princess. I took off from hospital to go buy the things she
needed right away such as baby blanket, baby diapers, a
carrier and stopped by flower shop and bought complainant
roses which magically disappeared and was no big deal to her.
At about three months after baby was born, she took off with
baby because of money she returned only after a week after
I had already gone to Social Welfare Office, the PNP and her
struggling with baby's constant crying. I even bought a bar-b-
que pit so that she could start earning her own money. She
was earning good business but she wanted it to where I would
 continue to buy the meat for her to sell on bar-b-que business
while she continues buying herself clothing outfits from
profits of selling while I also continued to spend gas going
back and forth picking up meat and her outfits;

21. Q : You said that you and the complainant got married, do you have
any proof of such claim?

A : I have photos during our wedding. These are the only photos
that I was able to recover since the complainant deleted it all
so that I will have no proof that indeed we had a wedding
ceremony. I also have here a copy of the Certificate of
Marriage which we signed but was not registered. This was
intentionally done by the complainant so that there will be no
document to prove our marriage so that she could flirt with
other guys and sex-text with anybody.

22. Q : I will attach the photos of your wedding day you have brought
as Annex “4”, while the Certificate of Marriage will be attached
as Annex “5”, and this will form integral part of you Counter-
Affidavit, will you affirm my action?

A : Yes.

23. Q : Please continue if you still anything more to say.

A : After another month had passed with no word from Pastor

Bobby, I asked her where is the registered certificate of
marriage since it had been awhile since the wedding and yet
we still did not have a copy of the registered certificate of
marriage before the Local Civil Registrar. Thereafter, it came
to my knowledge that in our unregistered certificate of
marriage, it appears that our place of marriage is listed in the
City of Indigenous Tribe attire at Valencia City, Bukidnon.
This is wrong since our wedding was held and performed at
Delan’s Place in Malaybalay City, Bukidnon, where friends
and family witnessed the ceremony.

24. Q : Please continue if you still anything more to say.

A : Again after an argument we had, complainant took off with

our daughter without informing me and has been hiding her
since then. I miss my princess so much we were in routine
each morning Alexa would wake up with her beautiful smile
we would have a mini playtime while complainant would
make a fuss about having to get up and do wife duties.
Complainant would say "I have to get up and cook for you,
wash your clothes, clean the house for you". Never would
complainant say "I'm going to cook for my family, I need to
wash clothes for us, and clean the house for us" instead
 complainant made me feel like I was a slave master. I dreaded
every morning because that is the way complainant would
start it each day. Complainant acted like she never ate, acted
like she never needed clean clothes and having dirty house
was ok when baby was getting sick. Since moving us into the
rented room without my consent, she has greatly interrupted
mines and baby Alexa's routine of doing a nature walk each
morning where I would tell her about the trees, how the river
flows, the birds as she would listen to me intensely because
she is very smart. Alexa and I would make it a point that she
would be greeting our dog Jafar good morning by waving at
him.

25. Q : What did the complainant do, if any, after she left you with your
daughter?

A : Since leaving she has continued making threats to me about

filing case against me using the Violence Against Women and
Children Act but would make sure that I would not go to jail
as long as I support my our baby and go back to America as
well of threats of getting me kicked out of rented room. One
time, I was attacked by complainant’s family friend;

26. Q : Did you continue supporting your child?

A : I have tried to support my daughter by means of giving meds

for baby's teething, have taken her apples because Alexa
loves apples and helps with her teething and I have left
doughnuts and a brownie for her monthsary and someone ate
it instead of my daughter. These are the people she trusts
with Alexa. Apart from what the complainant did, she also has
blocked me on Facebook and unblocked me, blocked me
several times only because she gets upset with the truth I tell
her. Complainant has asked for load for cellular, I have done
all I can and cannot bear being away from my Alexa. I could
have gone back to America to escape these allegations set
forth by complainant, but I know I have done nothing wrong
or unlawful to complainant except put a roof over her head,
put food in her stomach and clothes on her back as well as
for my Princess. That is what a real man, husband and father
does for his family and daughter whom I just could not leave
because I could not bear not seeing her grow up before me.

27. Q : Please continue if you still anything more to say.

A : Since this is the second time she has hidden baby Alexa from
me, I have again gone to the City Social Welfare Development
Office of the City of Malaybalay. The Social worker had
advised me to get a letter from my lawyer to conduct a Proper
assessment for my little Alexa and her assessment report
 Social officer indicated that she was not around was in hiding
and that the neighbors informed her that the complainant
would file a case against me but from what records show she
has waited only until this January 13, 2020 from the time of
complainant leaving the rented room and has hidden baby
Alexa from me, demanding support from me and has made
her threats in the meantime to me that if I did not go back to
America she would lodge her complaint. Many times,
complainant has shown concern for me thru text, had asked
many times if I am ok, am I eating and has said we are ok we
just need time to let people forget as well as we can still be
together, we just need to hide. Complainant even wanted to
come over to the new apartment I have moved to alone and
wanted to come over to talk alone without Alexa. In one text
complainant indicates she is horny but that I am not around
to be with her in bed. Complainant has even indicated that
she has people spying on me. I would like to humbly ask the
prosecutor’s office is this what an alleged victim of violence
does? To the many individuals who are victims of violence
this is just contrary to human experience and is an insult to
true victims. Complainant has always been jealous of any
woman and has accused me many times that I took long going
to the store even when I would buy the meat for bar-b-que
business and says that maybe because I was meeting another
woman. It is not I who has been having any affair with women
because I have been with her 24/7, but it is her who has been
having an affair with men. She is recently chatting with a man
from Europe and this is only two weeks after leaving with my
Alexa. Complainant even posted a picture on her profile
where she is stating "My 2020 starts with you" with a reading
#loslos. Also, who knows maybe even before leaving she
started this with him because I had recently discovered she
added a man from India to her list, which complainant asked
me to just delete him as if it was no big deal. After I had
already deleted 5000 perverts from her friends list, where one
even sent child porn to her and she never bothered to delete
it.

28. Q : Did you write the City Social Welfare and Development Office?

A : Yes, I did and they also made a report of the assessment;

29. Q : Do you have a copy of the letter and the report?

A : Yes.

30. Q : I will attach this letter as Annex “6” while the report as Annex
“7” and this will form integral part of your counter-affidavit, will
you affirm this?
 A : Yes.

31. Q : You also said that the complainant is flirting with other guys in
Facebook, what is your proof, if any, of this claim?

A : I have a screenshot of one of her Facebook account and the

posts she has posted with photos and comments from his
male friends and her other account with friend list full of men.
I also have screenshots of our conversation wherein she said
that she will be marrying this year and the one she is chatting
with is a gentleman and greets him good morning. She is
acting as if she does not have a kid and a husband;

32. Q : I will attach the screenshots of the complainant’s Facebook

account and her friends list collectively as Annex “8” while the
posts of the complainant collectively as Annex “9” and this will
form integral part of your counter-affidavit, will you affirm this?

A : Yes.

33. Q : Would you know how many Facebook accounts does the
complainant have?

A : What I know is that she has five accounts on Facebook but

now what I can search is she only has three;

34. Q : Do you have any proof that the complainant has 3 Facebook
accounts?

A : Yes, I took a screenshot of the accounts of the complainant;

35. Q : I will attach the screenshots collectively as Annex “10” and this
will form an integral part of your counter-affidavit, will you
affirm this?

A : Yes.

36. Q : What do you feel, if any, when it comes to your daughter being
with the complainant and away from you?

A : I am very concerned for my daughter who may become a real

victim of child porn because of the way she has dressed her
up with wigs to make her look older and because complainant
has set up a Facebook account in my daughter’s name and
posted her picture on it. I understand here it is against the
Philippine law, just as it is in America.

37. Q : What do you want to happen to the complaint filed against you
by the complainant?
 A : I respectfully request the Office of the City Prosecutor of
Malaybalay City to dismiss the present complaint since the
allegations therein are all untrue and only an extortion
attempt from the complainant. Should this case pursue, it
would be dangerous as it will open to floodgates of extortion
disguised as criminal actions for violation of V.A.W.C.to the
prejudice of foreigners committed by manipulative persons;

38. Q : At this moment, I no longer have any questions to ask, do you

have anything to add?

A : No more at this moment.

39. Q : Did you make this judicial affidavit at your own free will and
nobody forced you to make and sign the same?

A : Yes, I made this judicial affidavit in my own free will and

nobody forced me to make and sign the same.

40. Q : Have you understood the contents of this judicial affidavit?

A: Yes, I understood the contents of this judicial affidavit.

41. Q : Are you aware that this judicial affidavit is taken under oath
which means that you may be prosecuted for perjury or false
testimony if it turns out that you lied about any of the answers you
have given in response to the questions propounded upon you?

A: Yes.

No further questions.

Affiant further sayeth naught.

IN WITNESS WHEREOF, I have hereunto set my hand this

_________________ at Malaybalay City, Bukidnon, Philippines.

JAVIER GARZA
Affiant
Non-Professional Driver’s License No.
G06-18-007751

SUBSCRIBED AND SWORN to before me at the date and place above

stated, Affiant exhibiting to me competent proof of his identity as
indicated below his name.