Republic of the Philippines
Department of Justice
NATIONAL PROSECUTION SERVICE
Iloilo Provincial Prosecution Office
Hall of Justice, Bonifacio Drive, Iloilo City
SPOUSES BEA A. CARI AND MARIO D. CARI IS NO.: 14343
Complainants,
FOR: Violation of B.P. Blg. 22 and
ESTAFA
-versus-
LILY C. PO,
Respondent
x------------------------------------------x
COUNTER-AFFIDAVIT
DEFENDANT, by the undersigned attorney and to this Honorable
Office respectfully avers that:
1. Defendant admits paragraphs 1, 2, 3, 4, 5 with regards the
names, residences and status of the parties, but refutes
portions of other paragraphs, for lack of adequate knowledge to
form as to the truth thereof.
2. Defendant denies particularly paragraph ten (10), claiming that
the defendant after notice of the dishonored check practically
abandoned to fund it. Defendant, through the internet replied
dated February 12, 2018 stating that she was not able to fund
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the said check due to the series of losses suffered by her
business. As a substitute, defendant will issue another check
for the payment of the said commodities. Moreover, the
defendant secured an offering of twenty thousand pesos (P20,
000.00) as a fractional payment for the commodities that were
received last January of 2018 but the latter denied the same.
Photocopy of said reply letter attached as ANNEX- “E”.
3. Defendant rejects also the contention of the plaintiff that she
employed deceit in the issuance of a dishonored check. In the
case of People of the Philippines vs. Lea Sagan Juliano, the
Supreme Court held that in failing to prove the element of
deceit by appellant, that prosecution failed to prove beyond
reasonable doubt that appellant is guilty of Estafa under Article
315, paragraph 2 (d), of the Revised Penal Code. With that, the
appellant did not constitute fraudulent acts that caused
damages to the complainant.
4. Defendant also denies paragraph thirteen (13) stating that the
existence and amount of the interest. The agreement was not
put into writing rather making it only a verbal agreement.
WHEREFORE, defendant respectfully prays that the complaint
be dismissed due to lack of merit, with costs against the plaintiff.
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Iloilo City, March 11, 2020.
Atty. MERYSHEL S. GIANAN
Counsel for the Defendant
Gianan Law Office, The Fiat, Lopez Jaena St., Jaro, Iloilo City
Roll No. 76430 IBP No. 352980 dated 01-02-10
PTR No. 1234567 dated 01-06-15
MCLE Compliance No. 11-00043527 series of 2015,
dated 03-05-15
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VERIFICATION
Defendant, of legal age, after having duly sworn, deposes and says:
1. That she has caused in the preparation of the foregoing answer
with defenses, and the allegations therein are true and correct
of his personal knowledge and/or based on the reliable records.
2. That she further states that the interest was made in oral and
no written agreement was furnished between them.
Executed this 11th day of March, 2020 at Iloilo City.
SUBSCRIBED AND SWORN to before me this March 11, 2020
in Iloilo City, Republic of the Philippines, affiant being personally
known to me, and I certify that I have personally examined the affiant
and I am fully contented that she willfully and spontaneously
executed her affidavit and fully understood all contents thereof.
Doc. No.___________; KAYELYN F. LAT
Page No.___________; NOTARY PUBLIC for Iloilo
Book No.__________; Commission Serial
Series of 2020. No.______
Until December 31, 2022
Roll of Attorney 76430
IBP No. 352980
PTR No. 1234567
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ANNEX E
January 20, 2018
SPOUSES BEA A. CARI AND MARIO D. CARI
Jalandoni St., Jaro
Iloilo City
Dear Sir and Madame:
I act contrite for the dishonor of said checks due to insufficient
funds and instability of my business. I am willing to issue another
check for the said commodities amounting to one hundred twenty-six
thousand, four hundred ninety pesos (P126, 490.00) during these
days.
Truly yours,
LILY C. PO
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