REPUBLIC OF THE PHILIPPINES DEPARTMENT OF JUSTICE NATIONAL PROSECUTION SERVICE DAVAO CITY REYNA JEAN PARAN Complainant -VERSUS

I.S. NO. _________ FOR: Violation of RA7610 MODESTO ANDRINO Respondent x-----------------------------------------------------------------------------------------x COUNTER-AFFIDAVIT I, MODESTO ANDRINO, of legal age, Filipino citizen and a resident of No. 10 Olivares Street, Davao City, after having been sworn to in accordance with law hereby depose and state that: 1. I am the accused in Criminal Case No. ______ for violation of Section 5(b) of Republic Act No. 7610;

2. I am employed as a packer at the Asparagus Packing Plant of the Marsman Drysdale Agriventures Corporation at Davao City since December 5, 1999; 3. I admit partly on the allegations in Paragraph 1 of the Complainants AffidavitComplaint as regards to the residence and how the complainant addresses me but not on the alleged crime; 4. I deny the allegations in the rest of the paragraphs for lack of knowledge as to the truth of the said allegations, the truth being that: a. On the morning of June 20, 2004, I was at the place of my work in Davao City where I earn P180. daily; b. That at about eight (8) oclock in the evening of June 20, 2004, I received a call from my brother informing me that the complainant has filed charges against me for violation of Section 5(b) of Republic Act No. 7610; c. That I am the eldest in the brood of five and is the sole breadwinner of the family after both of my parents died in a vehicular accident in April 1990;

d. That in order to save on expenses and increase the amount I send to my siblings for their schooling, I seldom go home at our residence in San Miguel, Leyte but instead stay at the company-provided residence quarters during the duration of my duty ; e. That the last time I went home was on December 24, 1999 in time for the Christmas break to spend time with my family and that I immediately went back to Davao City the next day in order to avail of the premium pay for overtime work; f. That I know the complainant as residing in the same barangay where our residence is located but have not maintained any close relationship with her or her family; g. That it is physically impossible for me to commit the crime charged because I had been in Leyte on that day. h. That I have never been to the complainants house more so at ten (10) oclock in the morning of June 20, 2004; 5. The allegations stated in the Affidavit-Complaint are mere malicious fabrications by the complainant which may have been spurred by the bitter enmity harbored by members of her family arising from a dispute that involved the respondent and the complainants father, over a misunderstanding which took place several months ago, which the respondent thought have been settled after he had apologized to the father of the complainant. 6. I am executing this Counter-Affidavit for the purpose of attesting to the truth of the foregoing statements, to inform the proper authorities of the above facts, to support my prayer for the dropping or dismissal of the instant case against me and for whatever purpose this may serve best. IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of May, 2010 at Makati City, Philippines. MODESTO ANDRINO Affiant

SUBSCRIBED AND SWORN TO before me this 28th day of May, 2010 in Davao City, Philippines.

ROXAN G. APOSTOL Prosecutor I

CERTIFICATION This is to certify that I have personally examined the herein affiant and that I am satisfied that he voluntarily executed and understood his statements in this Counter Affidavit.

ROXAN G. APOSTOL Prosecutor I