Legal Technique - Counter Affidavit for Qualified Theft

January 19, 2016 THE HONORABLE CITY PROSECUTOR Office of the Bacolod City Prosecutor Bacolod City, Neg. Occ. RE: MIKEL PORRAS COUNTER AFFIDAVIT FOR QUALIFIED THEFT I.S. NO. 1-2016 SIR: The undersigned counsel respectfully submits the hereto attached Counter-Affidavit of Respondent MIKEL PORRAS pertaining to the criminal complaint filed against him for QUALIFIED THEFT by the complainant MARBY DEL ROSARIO. We respectfully request that aside from considering the counteraffidavit of the respondent, your office shall also set a clarificatory hearing by the parties in order to personally assess the credibility of their statements and possibly determine whose version of the story is the truth. Thank you very much for your usual kind accommodation on the matter! Very Truly Yours,

ATTY. DANIEL DEL ROSARIO, III Counsel for the Respondent MIKEL PORRAS 6100 La Salle Avenue, Bacolod City Telephone No. (034) 123-4567 COPY FURNISHED: ATTY. DENNIS SALEM Counsel for Private Complainant Rm. 96 Habal Habal Bldg, Bacolod City.

Republic of the Philippines) Bacolod City City ) S.c. x------------------------------------x COUNTER-AFFIDAVIT I, MIKEL PORRAS, of legal age, Filipino, single and a resident of Bacolod City, Philippines, under oath hereby depose and state that: I am the respondent in I.S. Case No. 1-2016 filed against me by the herein complainant Marby del Rosario on the charge of Qualified Theft. For the record, the charges filed against me by the complainant are malicious and have no basis in fact and in law as there were so many statements in his complaint affidavit filed before the Office of the Honorable Prosecutor of Bacolod City that were fabricated and are entirely untrue. To start with, I am not an employee of Mabez Restaurant. The truth of the matter is that I am an employee of JOPOGS MASSAGE PARLOR since January 14, 2008 to present. I have attached herewith as Annex “A” is the Certificate of Employment duly executed by JOEL POGS, the proprietor of JOPOGS MASSAGE PARLOR. That I do not personally know Marby del Rosario. This matter can be easily inferred upon in the Complaint Affidavit which do not contain any of my personal details, aside from my name. In fact the closest interaction that I had pertaining to Marby del Rosario was when I ate at Mabez Restaurant sometime in December 2015. That when I ate at said restaurant, I directly complained to its proprietor, Marby del Rosario that the “Pancit Canton” that was served to me was stale and was with a very pungent odor. That upon complaining to Marby del Rosario, she actually said “Kung indi ka kabayad, indi na mag reklamo. Umandam ka lang, may adlaw ka guid.” I was taken aback by the statements of Marby del Rosario, but I did not pay any attention to the matter. In fact, I just paid the P 100.00 bill for the “Pancit Canton” and hurriedly left. That the complainant did not present any receipt or proof that I have received the jewelries allegedly stolen from him. In fact, the only evidence presented by her is her own self-serving testimony.

Finally, the fact that the complainant has no supporting affidavit of witnesses only proves to show that her version of the story is definitely not true and is merely fabricated. Otherwise, she would have already attached a supporting affidavit of a credible witness who can corroborate the truthfulness of her allegations. By reason thereof, the subject complaint clearly lacks probable cause for it has no basis whatsoever in fact and in law and should therefore be dismissed. I am executing this affidavit in order to attest to all the foregoing facts and for whatever legal purpose it may best serve. IN WITNESS WHEREOF, I have hereunto affixed my signature this 15th day of January, 2016 at Bacolod City, Neg. Occ.

MIKEL PORRAS Affiant SUBSCRIBED AND SWORN to before me this 15th day of January, 2016 at Bacolod City, Neg. Occ. With the affiant exhibiting to me his Driver’s License No. F01-12345. I hereby certify that I have personally examined the affiant and I am satisfied that he has voluntarily executed and understood his affidavit.

ATTY. DANIEL DEL ROSARIO III c/o 6100 La Salle Avenue, Bacolod City PTR No. 0001234 B.C. Jan. 15, 2016 IBP No. 12345 B.C. Jan. 15, 2016 MCLE Compliance No. IV - 0044033-1-4-16 MCLE Compliance No. V – 0004312 2-23-2016 SC Roll No. 12345

Doc. No. ______; Page No. ______; Book No. ______; Series of 2016.

JOPOGS MASSAGE PARLOR CERTIFICATION This is to certify that MIKEL PORRAS is an employee of JOPOGS MASSAGE PARLOR. This is to further certify that he was employed on January 14, 2008 up to the date of this CERTIFICATION. This CERTIFICATION is issued upon the request of MIKEL PORRAS for whatever legal purpose it may serve him best. Done this 15th day of January, 2016 at the City of Bacolod.

JOEL POGS Proprietor JOPOGS MASSAGE PARLOR