REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
SECOND JUDICIAL REGION
Branch 25
Tabuk City, Kalinga
rtctbko25@judiciary.gov.ph
PEOPLE OF THE PHILIPPINES CRIM. CASE NO.
6969 NPS.NO.X-06-
INV-010A-0024
Plaintiff
-versus-
ALICIA GURO FYANG
Defendant
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COUNTER-AFFIDAVIT
I, ALICIA GURO FYANG, of legal age, Filipino Citizen, and a
resident of Tabuk City, Kalinga, after having duly sworn to in
accordance with law do hereby depose and say:
1. That I am the accused in NPS.NO.X-06-INV-010A-0024
for the crime of Estafa thru Falsification of Public Documents
under Article 315, paragraph 2, in relation to Article 172 and
Article 48 of the Revised Penal Code;
2. That I humbly and most respectfully assert at the outset of
this Counter- Affidavit that I am innocent of the charges against
me;
3.That I was shocked upon receiving the Subpoena, dated
October 5, 2024, requiring me to submit my counter-affidavit and
other supporting documents.
4.That I deny all the allegation in the Complainant-Affidavit
of spouses Acquafina that I misrepresented to be Dona Acquafina.
The truth being that:
a. I have been appointed as the Attorney in Fact of
spouses
Acquafina as evidence by their duly notarized Special Power of
Attorney. Copy thereof is attached in Annex A.
In my capacity as such, I signed and delivered documents
pertinent to the transactions in their behalf.
b. That I was their attorney in fact since they have the
financial crisis in their business.
c.That the South Bank known me that I was the attorney in
fact of the Spouses Acquafina, that they even assisted me in the
loan that Dona Acquafina’s applying for when spouses Aquafina
asking me if the loan should be process with the parcel of land as
a collateral on it.
(CERTIFICATE OF TITLE NO. T-16756)
d. That I and spouses agreed without fraud, force or
intimidation that 5% of the amount value of the said loan will be
my share. So, upon the agreement, I was hired as their attorney in
fact in processing their loan and their parcel of land to be the
collateral of the said loan at South Bank and all the document will
be in my behalf.
5. That the truth as a matter of fact is that fact is that on October
1, 2024, Dona Acquafina and Don Acquafina went to my house
and told me that she and her husband are planning to put up
another business because their one current business now is
unstable due to financial crisis. Further, the spouses are planning
to go for vacation for 5 months. Since the spouses Acquafina were
in need of money for their business and also for their planning to
have a vacation, they requested me to apply a loan in their
behalf.
6. That I agreed to become spouses Aquafina’s Attorney-in-Fact,
as a result, the Spouses Aquafina delivered to me the duplicate
copy of their Title Certificate No. T-16756 for the purpose of
constituting a Mortgage thereon by executing a Deed of Real
Estate Mortgage, which title I delivered to the Bank.
7. That the spouses Acquafina did not cancel on the same date,
revoke or suspend the said Special Power of Attorney, hence I
remained to be their duly appointed attorney.
8. All told, I acted within the scope of my Authority in obtaining a
loan amount to Php 5,000,000.00, and a Mortgage of Spouses
Acquafina’s Real Property, as the attorney in fact of Spouses
Acquafina. I was expressly Authorized to sign all the documents
pertinent to the said loan. That I am telling the truth the even I
signed the Questioned Documents in their behalf, I did not
commit the crime of forgery or the falsification of documents.
9.That I am aware that: in fiduciary acts which explained in
Soriano V. People, it stated there that fiduciary relationship means
that the bank’s obligation to observe ‘high standards of integrity
and performance’ is deemed written into every deposit
agreement between a bank and its depositor. The fiduciary nature
of banking requires banks to assume a degree of diligence higher
than that of a good father of a family."The falsification of a public,
official, or commercial document maybe a means of committing
Estafa, because before the falsified document is actually utilized
to defraud another, the crime of Falsification has already been
consummated, damage or intent to cause damage not being an
element of the crime of falsification of public, official or
commercial document. In other words, the crime of falsification
has already existed. Actually, utilizing that falsified public, official
or commercial document to defraud another is Estafa. But the
damage is caused by the commission of Estafa, not by the
falsification of the document. Therefore, the falsification of the
public, official or commercial document is only a necessary means
to commit the estafa. Falsified document is actually utilized to
defraud another, the crime of falsification has already been
consummated, damage or intent to cause damage not being an
element of the crime or falsification. In this case I’d never did that
kind of falsification/ forgery and misrepresent because both
spouses gave me the authority to sign or act in their behalf.
10. That in this attempt, I did not Falsificate the signature of the
Spouses Acquafina because I myself have the said Special of
Attorney made by the Spouses Acquafina which signed by them.
11. That I am innocent of the charges brought by the spouses
against me which stated in the allegations of the complaint
affidavit of the spouses. That it was the spouses Acquafina who
visited and even initiated to me in my house to have the
Agreement that I will be their Attorney in Fact in applying for the
loan of Php 5,000,000.00 and for the Deed of Real Estate
Mortgage.
12. That in addition, I have here the promissory note and special
power of attorney signed by them authorizing me to act in their
behalf specially the application of the said loan.
13. That as their authorized signatory, I have the right to sign on
their behalf all the documents needed to process the loan that
they were applying for and with that authority given to me, the
South Bank also processed the said loan. That South Bank is also
be liable in the crime if they did not check and process the said
loan including the collateral of the spouse of Aquafina that was
used as collateral because it was their responsibility to be
cautious in processing and checking documents if that kind of
problem or incidents occur. But since they rigidly done the
checking without doubting as to the documents presented, then
the processed is probably correct.
14. Lastly, I am willing to show them all the documents as my
evidence and proof that I was their signatory like the Special
Power of Attorney that I already attached in Annex A. In this case,
I know that the Spouses Aquafina are lying. That with my ability,
God knows that I was innocent and did not forge nor misrepresent
them on their behalf
15. Furthermore, the Spouses Aquafina are not telling the truth, I
vehemently deny all the allegation against me that I misrepresent
them in the South Bank and forge their signatures. This Allegation
is not accepted in my behalf.
16. Therefore, the said loan and the documents that I executed in
behalf of the Spouses Dona Aquafina and Don Aquafina were
valid, regular and Legal. Stated differently not Forgery,
Falsification to Estafa ever Transpired:
17. That I am executing this Counter Affidavit to declare my
innocence and repel and rebut the charges against me and attest
to the truth that I DID NOT COMMIT THE CRIME ESTAFA in
whatever form as erroneously and maliciously alleged by the
complainant.
IN WITNESS WHEREOF, I have hereunto set my signature
this 8th day of October, 2024 at Tabuk City, Philippines.
ALICIA GURO FYANG
Affiant
SUBSCRIBED AND SWORN TO before me this 8th day of
October, 2024 at Tabuk City, Philippines. Affiant exhibited to me
her competent proof of identification, with ID No. issued on
01/01/01
NOTARY PUBLIC
Doc. No. _______
Page No.________
Book No.________
Series of _________
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
SECOND JUDICIAL REGION
Branch 25
Tabuk City, Kalinga
rtctbko25@judiciary.gov.ph
PEOPLE OF THE PHILIPPINES CRIM. CASE
NO. 6969
NPS.NO.X-06-INV-
010A-0024
Plaintiff
-versus-
ALICIA GURO FYANG
Defendant
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MOTION TO REDUCE BAIL BOND
COMES NOW, the undersigned accused ALICIA GURO FYANG,
through the undersigned counsel, and unto this Honorable Court,
respectfully ask for the reduction of the bail bond fixed by this
Honorable Court at Two Hundred Thousand Pesos (Php
200,000.00) for the following reasons:
1.That the recommended bail for the violation of ESTAFA thru
FALSIFICATION OF PUBLIC DOCUMENT is Two Hundred
Thousand Pesos (Php 200,000.00), in accordance with the
2000 Bail Bond of the Department of Justice National Prosecution
Service.
2. That accused has no sufficient means to completely satisfy the
full amount of her bail and could only afford the amount of Fifty
Thousand Pesos (Php 50, 000.00);
3. That the defendant, being a person of limited income, could not
afford a forfeiture of any realty or cash deposited with the clerk of
this court without irrep ably damaging and endangering the future
financial stability of herself and her family.
4.That the accused will commit herself to attend all hearings and
shall obey and abide by all other processes the court may from
time to time impose.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed
that the Honorable Court reduce the bail bond for the accused
from Php 200,000.00 to Php 50,000.00 or such amount that
this Honorable Court deems just and reasonable under the
circumstances.
Other reliefs, just and equitable in the premises, are likewise
sought.
Respectfully submitted this 8th day of October, 2024 at Tabuk
City, Kalinga Philippines.
ATTY. JOSIE D. LUTOC
Counsel of the Accused
PTR No. 00000;12-18-2024
IBP No.0000000;12-18-2024, Tabuk City, Kalinga
Roll No. 000000, May 09, 2024
MCLE No. VI-000000, July 15,2024
Email Add: joshlutoc@gmail.com
