Republic of the PhilippinesRegional Trial Court10th Judicial Region

Branch 29 Surigao City

THE PEOPLE OF THE PHILIPPINES Plaintiff,

-versus-

ROLANDO A. BALBIN

Accused,

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

Criminal Case No. 67890 FOR: RAPE

Republic of the Philippines )City of Surigao ) ss

COUNTER-AFFIDAVIT

I, ROLANDO A. BALBIN, of legal age, single and a resident of Purok 6, Brgy. San Juan, Surigao City, Philippines after having been duly sworn to in accordance with the law depose and say;

1. That I am the same person who is charged with the crime of RAPE in criminal case no. 67890 pending before the Regional Trial Court Branch 29-Surigao City;

2. That I and the complainant, Maria F. Calay are sweethearts before April 11, 2015 and that we always meet during the weekends at our residential house;

3. That Paragraph 2 of the Affidavit-complaint of Maria F. Calay dated May 4, 2015 is strongly denied. The truth of the matter are as follows: That around 10:00 am more or less, the complainant visited me at our residential house. We watched movies in my room, then we started kissing and petting and then we had sexual intercourse. I did not force nor coerced her but we voluntarily agree on the acts we did;

4. That after we had sexual intercourse, the complainant and I had an argument regarding a text message I received from one of my ex-girlfriend. That after reading the text message, the complainant became jealous;

5. That the following day, I learned through my sister, Teres A. Balbin, that the complainant threatened her that she will file a rape case against me if I will not promise to marry her. I was so afraid and nervous of what I learned that I could not sleep;

6. That on April 13, 2015, my sister advised me to allow the incident to cool down and urged me to go to our Auntie’s house located at Brgy. Punta Bilar, Surigao City. I did not receive any subpoena and was not given the opportunity to explain my side;

7. That I am executing this affidavit to attest to the truth of the foregoing circumstances and prays that the criminal charge be dismissed;

IN WITNESS WHEREOF, I have set unto my hand this November 10, 2015, in Surigao City Philippines

ROLANDO A. BALBINAffiant

SUBSCRIBED AND SWORN to before me this 10th day of November 2015 in Surigao City, Philippines. I hereby certify that I have personally examined the affiant and that I am satisfied that he executed the counter affidavit freely and voluntarily.

ATTY. ANALEE S. ALVERASTINEPublic Attorney

Roll of Attorneys No. 62098IBP No. 976867/ Surigao City/April 2, 2016

MCLE ExemptPTR Exempt

Copy furnished:

MARIA F. CALAYPurok 6, Brgy San JuanSurigao City.