Republic of the Philippines
DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
City of Manila, Metro Manila
FLORENTINA B. VILLANUEVA,
Complainant,
Versus NPS DOCKET NO. IF-03567
FOR: ESTAFA
ALICIA F. PASCUAL,
Respondent.
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COUNTER-AFFIDAVIT
I, ALICIA F. PASCUAL, of legal age, Filipino and with
postal address at No. 518 Sapang Partida, Norzagaray,
Bulacan after having duly sworn to under oath, do hereby
submit the instant Counter-Affidavit and depose and say:
1. That on July 20, 2018, I have received a copy of the
Subpoena and attached therein Complaint-Affidavit of
complainant. The Subpoena states that the Preliminary
Investigation hearing is scheduled on July 30, 2018 and
August 6, 2018;
2. That the herein respondent is accused and charged of
Estafa under Article 315 of the Revised Penal Code;
3. That I hereby admit the allegation in paragraphs 2, 3, 5,
7, 9, 10, and 11of the complaint for being true;
4. I hereby VEHEMENTLY and Specifically DENY the
allegations in paragraphs 1, 4, 6, 8, 12, 13, 14, and 15
of Affidavit of Complaint for being false or fabricated or
misleading, the truth of the matter are those narrated in
paragraph 5 hereof:
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5. The TRUTH OF THE MATTER or FACTS, to wit:
5.1 I and complainant got to know each other on
October 21, 2016 while we were eating at Jollibee M
Manila;
5.2 After having been acquainted to each other,
complainant asked me if I have connections with
the province of Rizal, for which I said “yes” and she
asked me if I could help her in processing of her
documents and I told her I would be willing to help
her to the extent of my capability;
5.3 After a few days, complainant called me asking me
if I could help her acquire the property of mr. danilo
Himbing, who allegedly have about Php
1,950,000.00 loan or debt from her. I informed her
that I could help her secure the necessary
documents, however, I explained to her that
everything would succeed provided Mr. Danilo
Himbing would agreed to signing the necessary
documents of transfer otherwise it would be
useless;
5.4 Complainant agreed with the condition above and
even inquired how much would it cost for my
services and I said “Bahala ka na” and she even
suggested if Php 30,000.00 would be ok and I
agreed provided all costs and expenses will be for
her account and again provided Mr. Himbing would
agree to the transfer of the property to her;
5.5 That we have agreed to a deal that she would
shoulder all expenses and I would help her in the
processing of her documents for the fee of Php
30,000.00;
5.6 That after we have agreed, I made initial document
gathering and due diligence on the property of
which complainant wishes to transferred in her
name and for which I spent a more or less Php
15,000.00 for travel expenses, including securing
Certified True Copies of necessary documents such
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as Tax Declaration, Tax Mapping, Certified True
Copies of the Titles of OCT No. M-10222, Lot No.
2415, which turns out to be registered in the name
of Danilo Himbing married to Consolacion Himbing;
5.7 That as part of my services, I have secured all the
necessary documents, hired the service of Atty.
Alday of Bulacan to prepare the necessary
documents, such the “Kasulatan ng Pagkakautang”,
attached herewith as Annex “1” hereof;
5.8 That all the documents, including original copies of
Tax Declarations, Certified True Copies of OCT No.
M-10222, Lot No. 2415, Tax Mapping Certifications
and other pertinent documents as well as the said
“Kasulatan ng Pagkakautang” were all surrendered
to complainant;
5.9 That after I prepared all the necessary documents, I
went to the residence of Mr. Danilo Himbing and
informed him of the intention of complainant as well
as explained to him that complainant was
demanding payment for his alleged loan in the
amount of Php 1,950,000.00. Unfortunately,
howver, Mr. Himbing denies everything and refused
to sign the prepared “Kasulatan ng Pagkakautang”
prepared by Atty. Demetrio Alday of Malolos City,
Bulacan;
5.10 That all in all complainant sent me a total amount of
Php 40,000.00 as evidenced by the deposit slips
attached by complainant;
5.11 That complainant paid the costs of services, all
necessary and expenses to me only through Deposit
via bank account and NEVER through personal
payment or any other mode;
5.12 That due to the fact that Mr. Danilo Himbing did
not sign the “Kasulatan ng Pagkakautang” in favor
of complainant, complainant was very furious and
even commanded me to “Forge” the signature of
Mr. Himbing in the said ‘kasulatan’ , which I
vehemently refused to do, thus, our relationship
became sour due to my refusal to forge Mr.
Himbing’s signature;
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5.13 That because of my refusal, complainant was angry
and informed me that she will be securing the
services of another person and relieving me of such
task, thus, I surrendered all to her the documents I
have already secured and prepared;
5.14 That I have not deceived complainant nor do I
employed fraud on complainant, rather, the
transaction failed when the condition was not met –
that is, Mr. Himbing would be willing to sign the
“Kasulatan ng Pagkakautang”;
5.15 That the moneys deposited by complainant were in
fact duly spent for the documents secured from the
Assessor, BIR, and Registry of Deeds, Atty.
Demetrio Alday, including travel expenses all for her
benefit, it turned out that the transaction was not
successful due to the fact that Mr. Danilo Himbing
refused to sign the necessary documents and
denied the claims of complainant;
5.16 That without admitting any guilt, but simply for the
sake of buying the peace, I am willing to reimburse
the amount of all moneys sent by complainant
provided deposit slips or receipts be presented;
6. Verily, in order not to waste the precious time of this
Honorable Office of the City Prosecutor, it is respectfully
prayed that the instant complaint be DISMISSED outright
for lack of merit and lack of probable cause.
7. That I hereby attest that the allegations above are true
and correct based on our personal knowledge and
authentic records;
8. That I am executing the instant Counter-affidavit to the
attest to the truth of the foregoing and to prove that
there is no probable cause to indict me for Violation of
Estafa article 315 of the Revised Penal Code.
IN WITNESS HEREOF, I have hereunto affix my
signature this 24th day of July 2018 at Manila.
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ALICIA F. PASCUAL
Affiant
CERTIFICATION
This is to certify that I have personally examined
respondent and the same had sworn unto me that that the
foregoing Counter-Affidavit is true and correct based on her
personal knowledge and authentic records and that the
same is her free and voluntary act and volition.
HON. RONALDO E. HUBILLA
Assistant City Prosecutor
