2nd exercise Counter Affidavit

7/27/2019 2nd exercise Counter Affidavit

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REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE

OFFICE OF THE PROSECUTORMANDALUYONG CITY

JUANA DELA CRUZ I.S No: 761243Complainant For: RAPE (Art. 266-A, RPC)

-versus-

PEDRO MASAHOL

Defendant

x-----------------------------------------------------------------------------------------------------------------x

COUNTER-AFFIDAVIT

I, PEDRO MASAHOL, of legal age, a Filipino Citizen and a resident of Unit 101 MHLY

Bldg. Mandaluyong City after having sworn in accordance with the law hereby depose and state that:

1. I am the accused in the I.S no. 761243 for the crime of Rape under Article 266-A of theRevised Penal Code;

2. I am employed as a bank officer at RCBC located at RCBC Plaza, Ayala Ave.,

Makati City since February 1994

3.

I admit the allegation I am the owner of the Toyota Camry with Plate number XXX01

4. I admit the allegation that Juana went inside my Toyota Camyry on August 14, 2014

at around 6 in the morning;

5. I vehemently deny that Juana and I are strangers to each other, the truth being that:

a. Juana and I are in a romantic relationship for about 2 months starting fromearly June of this year 2014 (see Annex A);

b.

Juana and I met at AAA restaurant where she works as a waitress sometime inApril of this year;

c. I frequent the restaurant to have dinner either with myself or with my

officemates because of the good food and great service;

d. The more I go and dine in the restaurant, I am starting to notice the Juana

because she was good-looking young woman with fair complexion and a longshiny hair;

e. I took the courage to ask for her number and she fortunately obliged to relay

the information to me;

f. Soon thereafter, we would share text messages after her shift in the restaurant

(see Annexes B,C and D)



6.

I strongly deny the allegations that I asked Juana about directions where to see the

nearest remittance center, the truth being that:

a. Juana texted me that she wanted to see me early morning of August 14, 2014

(see Annex E);

b. There is no logical reason why would I ask where is a remittance center because it is early in the morning. Regular business hours start either 8 am or

9 am;

7. I fervently deny that I pointed a gun at hear during that morning, the truth being that I

am not an owner of a gun or any other firearm for that matter;

8. I vehemently deny that I tried to rape Juana that faithful morning, that truth beingthat:

a.

When she entered the car, we kissed each other in the cheeks and lips like we

usually do when we already have a romantic relationship with each other;

b. After we kissed, she was crying because of a certain which she did not

disclose to me;

c. She kept saying “ Di ba sabi mo, gagawin mo lahat para sa akin dahil mahal

mo ako?”;

d. I reluctantly said yes, and afterwards she said “kailangan ko ng 200 thousandngayong araw kasi may problema ako dun sa restaurant”;

e. I was shocked and ask her follow-up questions regarding her problems in therestaurant;

f. To my surprise, she suddenly became angry and she shouted “Matutulonganmo ba ako o hindi?”;

g. I said “wala ako ganun kalaking halaga ngayong araw”;

h. She became really mad and she kicked me in the groin;

i.

She said that “kung hindi mo kayang tulungan, irereklamo kita na ni-RAPE

mo ako”;

j. I was surprised when she said those words and all I know was she was

suddenly taking her clothes-off piece by piece until she was completely nakedand used a sharp object from her purse which she used to self-inflict some

wounds in her private organs;

k. I tried to stop her but everytime I touch any part of her, she would cry and

shout “ Rapist ka, layuan mo ako, hayop ka” ;

l.

When I try to drive the car away from the lot because her cry for help isgetting louder and louder;

m. As I was trying to steer slowly the car away from the scene, Juana again

kicked my groin and without hesitation jumped off my moving car afteropening the car door.



9. I specifically deny that Juana was still a minor when we had a romantic relationship

because I relied on her text message that she was no longer a minor. She actually

texted me that she was already 18 years old (see annex B)

10. I am executing this Counter-Affidavit for the purpose of attesting to the truth of the

foregoing statement, to inform the proper authorities of the above facts, to support my prayer for the dropping or dismissal of the instant case against me and for whatever purpose this may serve best.

IN WITNESS WHEREOF, I have hereunto set my hand this 9th

day of September, 2014

at Mandaluyong City, Philippines

PEDRO MASAHOLAffiant

SUBSCRIBED AND SWORN TO before me this 9th

day of September, 2014 at

Mandalayong City, Philippines

Baby G. ShockProsecutor I



ANNEXES

ANNEX A. The first text message exchanges between Juana Dela Cruz and Pedro Masahol

ANNEX B ANNEX C ANNEX D

Various text messages showing how they started to get to know each other before they had a

romantic relationship



ANNEX E ANNEX F

Text messages showing that Juana and Pedro are in a romantic relationship

ANNEX GAn exchange of text message between Juana and Pedro during August 13, 2014.

Documents

2nd exercise Counter Affidavit