Republic of the Philippines
Province of Negros Occidental
OFFICE OF THE CITY PROSECUTOR
Hall of Justice, Victorias City
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ROMULO M. SOMBITO JR. I.S. CASE NO. 2006-H-148
Complainant,
-versus- For:
RICHARD QUIÑONES, et. al., “ESTAFA”
Accused.
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COUNTER-AFFIDAVIT
COMES NOW, Accused, unto the Honorable City Prosecutor, hereby depose and
state:
1. That I am one of the Accused in the above-titled case pending before the
Office of the City Prosecutor for the City of Victorias. That I personally
received the subpoena issued by the Honorable City Prosecutor in relation
to the mentioned case only in October 18, 2006 requiring me to submit
counter-affidavit within 10 days from receipt thereof;
2. That I do not deny the fact that I am the owner of the truck with Plate No.
UHZ 246, registered under the name of my son Reynaldo Quiñones. It is
my major source of income and that I am offering it to the public for hire
subject to the terms and conditions that may be agreed upon;
3. That Mr. Alonso Senido is the regular hirer of my truck every time he has
a transaction on any undertaking which involve among others, hauling of
sand and gravel. That among our agreement was that, he pays me for the
agreed daily rental of my truck, pays my driver, provides fuel thereof and
in return, I take the responsibility to ensure that the truck is in good
running condition and to reimburse him all the expenses incurred in case
there is trouble with the truck. Attached is the affidavit of my driver,
Louie Lastimoso, ANNEX “A” ;
4. That Mr. Alonso Senido is neither my employee, representative nor agent
in any transaction involving my truck. In fact, I do not participate nor has
control in his dealings with his own client as to how much he charges
them and the terms of their agreement. He decides alone for his own
transaction and he only pays me for the daily rental of my truck based on
our agreement if he is going to hire for its services.
5. That I am not privy to the transaction entered into by Alonso Senido with
the herein Complainant, Romulo M. Sombito, Jr. In fact I do not
personally know Mr. Sombito and that I only met him in person in
September 2, 2006 during the time when there was already a problem
regarding the repair of my damaged truck which incidentally affected the
business of the herein Complainant;
6. That on August 19, 2006 after learning that my truck had trouble, I
proceeded right away to the municipality of Manapla to check the damage
of the truck, but to my surprise, I learned that the two (2) new tires
together with the reams amounting to P 24,000.00 got lost while under the
care of Alonso Senido. In fact, he was the one who reported the matter to
the Manapla PNP. Attached is the photocopy of the Manapla PNP Blotter
entry No. 20062530, ANNEX “B”. Also the housing of the truck was
damaged which needs repair;
7. That since the two tires were apparently lost due to the negligence of Mr.
Senido, I insisted that he take the responsibility to purchase for the new
tires including the reams thereof at his own expense which he did not
agree;
8. That during the meeting at Mr. Sombito’s house at # 7 Lopez St., Victorias
City, Negros Occidental, on September 2, 2006, while I was also so
concerned about their contract (hauling of sand and gravel), I did not agree
that they substitute the tires but will be charged on my account. I did not
share also Mr. Senido’s promise to the Complainant that he will comply
nonetheless of their agreement because as I understand, it is only Mr.
Senido who has a problem with the herein Complainant and not me;
9. The contract between me and Alonso Senido is distinct and separate from
the contract between Alonso Senido and the herein Complainant. If I have
any accountability, it will be for Mr. Alonso Senido who is in like manner
accountable to me for the lost tires under his custody and not to Mr.
Romulo M. Sombito Jr;
10. That I can not be held liable for the crime of estafa since I did not employ
deceit nor abuse of confidence to the prejudice of the Complainant. If
there was who employed deceit to the prejudice and damage to the
Complainant, it is no other than but Mr. Alonso Senido to whom the
herein Complainant has a contract and not me;
11. That it is submitted that I be excluded from the list of the persons charged
in this case because I am innocent and in fact also a victim by Alonso
Senido;
12. That I am executing this affidavit to attest to the truthfulness of the
foregoing and that I am innocent and have not committed the crime that is
imputed against me by the Complainant.
I hereby affixed my signature below this _____day of October 2006, at the City
Prosecutor’s Office, Hall of Justice, Victorias City, Philippines, after it was read to me
and translated to the dialect I have known which I fully found to be true and correct
according to my personal knowledge and belief.
RICHARD QUIÑONES
Affiant
SUBSCRIBED AND SWORN to before me this _____ day of October 2006, at
the City Prosecutor’s Office, Hall of Justice, Bacolod City, Philippines, and I hereby
certify that I have personally examined the affiant and that he executed and understood
the contents of his affidavit.
