Republic of the Philippines Regional Trial Court 11th Judicial Region Branch 34 Panabo City PEOPLE OF THE PHILIPPINES

Plaintiff, -versusDOMINIC ECONAR, Accused. ************************************************************************** **** CRIMINAL CASES NOS. 173 & 174 2010 Violation of R.A. No. 7610

AFFIDAVIT
I DOMINIC ECONAR, married and of legal age, Filipino and a resident of Purok 7, Feeder Road #2, Sto. Tomas Davao del Norte, Philippines, after

having been sworn in accordance with law depose and say THAT:

1. I am the named accused in a complaint before the City Prosecutors Office for violation of R.A. No. 7610 or the Special Protection of Children against Child Abuse, Exploitation, and Discrimination Act, Section 10 (b) thereof. 2. I am implicated in the complaint allegedly for willfully and feloniously having in my company a minor who is ten years or more my junior in a public place, motel or hotel and the like. 3. The alleged minor, Nova Jane Cantero, (Nova for brevity) was my neighbor in Purok 7, Barangay Tibal-og, Sto. Tomas, Davao del Norte. Sometime in January 2009, I courted Nova and after two days she became my girlfriend despite knowing the fact that I am married. Our relationship consisted mostly of constant exchanges of text messages. Twice, we had met up at the barangay basketball

court and kissed. 4. After a month into our relationship, we decided to become more intimate with each other. We planned to meet on a Monday of the next week. 5. Sometime in February 2009, I fetched Nova from school at 1 p.m. and we headed to The Travelers Inn located at Feeder Road #2, Sto. Tomas Davao del Norte. Upon arriving in our room, we kissed and made love. Afterwards, we planned to meet up again the next Monday. 6. The following week, we met up at the Travelers Inn. Nova was already waiting for me in the room when I arrived at around 1 p.m. We talked, kissed and made love. We then planned to meet up again next week. 7. The next week, we met up at the Travelers Inn as planned. However, Novas mother had found out about our relationship and went to the Inn looking for us. Novas mother did not find us. Nova told me that she did not plan to go home to her mother and instead will go home to her aunt since she was afraid of being scolded. After biding her goodbye, I no longer heard from her again. 8. That night, two policemen came to my house and took me to the police station. I was questioned and after immediately imprisoned which lasted for ten days. Thereafter, a bond was posted on my behalf and I was released. 9. Upon advice of my former counsel, a settlement proceeding was conducted and thereafter came to a settlement in an amount of P60,000. Nova executed an Affidavit of Desistance (Annex A) stated therein That private complainant in criminal case no. 642009 for Violation of Sec. 10 (b) of RA 7610. Filed in the Regional

Trial Court Branch 4, Panabo City, Davao del Norte. That she had lost interest in the further prosecution of the said case both civil and criminal. 10. However, sometime in October 2009 I was again arrested and taken this time to the Panabo City jail and charged by prosecutor of the same offense for Violation of R.A. No. 7610 sec.10 (b). I was imprisoned for 3 months. Thereafter another bond was posted for my release worth P80,000. 11. Section 10 (b) of R.A. No. 7610 for which I am accused of violating thereof states that, Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided, That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty. Although Nova was still in Grade 6 at the time of our relationship, I knew for a fact that she stopped studying before. She was tall and looks very much matured. Based on these facts, I firmly believe at that time that she was more than 12 years old and although may be still minor, she was not 10 years younger than me. If I have known for the fact her real age and our age gap, I would have not pursued my feelings for her which led to our mutual intimate and sexual relationship. 12. Section 27 of R.A. No. 7610 enumerated who may file a complaint

for the violation of the said special law, namely: (a) Offended party; (b) Parents or guardians; (c) Ascendants or collateral relative within the third degree of consanguinity; (d) Officer, social worker or representative of a licensed child-caring institution; (e) Officer or social worker of the Department of Social Welfare and Development; (f) Barangay chairman or (g) At least 3 concerned responsible citizens where the violation occurred. The case against me was already provisionally dismissed before due to the Affidavit of Desistance executed by the private complainant assisted by her mother (Annex A). The

assistant provincial prosecutor re-filed charges against me for the same acts sometime in October of 2009. Section 27 of R.A. No. 7610 as stated above never mentioned the prosecutor among those who may file a complaint in cases of violation of the provisions of the said law. Thus it follows that the prosecutor has no legal standing to file the charges against me as the law provides. 13. I am executing this affidavit to apprise the authorities concerned

of the truth of the foregoing averments and to disprove any criminal liability on my part for the alleged crimes.

IN WITNESS THEREOF, I have hereunto set my hand on this 6th of September, 2010, at Davao City, Philippines.

Dominic Ecomar Affiant SUBSCRIBED AND SWORN to before me this 6th day of September, 2010 at Davao City, Philipppines and I hereby certify that I have personally examined the affiant and the I am satisfied that he voluntarily executed and understood the contents of the affidavit.