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Counter- Affidavit
People vs Pascual

REPUBLIC OF THE PHILIPPINES ] ]
CITY OF DAVAO ]S.S
X-----------------------------------------/



COUNTER-AFFIDAVIT


I, PIOLO PASCUAL, 44 years of age, Filipino, married and a
resident of Brgy. Uswag JP Laurel St., Davao City, Philippines, after
having been duly sworn to in accordance with law, do hereby depose
and say that:

1. I am the accused in Criminal Case No. ___ for the crime of
RAPE under R.A. 7610;

2. I am employed as a Night Security Guard at SM Lanang,
Lanang, Davao City since January 04, 2014 up to present;


3. I admit the allegations in Paragraph 1 of the Complainants
Affidavit-Complaint;

4. I deny the allegations in Paragraphs 2, 3, 4, 5, 6 and 7 for lack
of knowledge as to the truth of the said allegations, the truth
being that:


a) On March 15, 2014, I was on duty at the SM Lanang as
the Night Security Guard and my shift starts at 11 oclock
in the evening of March 14, 2014 until 6 oclock in the
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Counter- Affidavit
People vs Pascual

morning of the following day or on March 15, 2014 where
I earn P220.00 daily;

b) I only left my post at 7 oclock in the morning of March 15,
2014 because I waited for my daily wage at that time;


c) I only logged out my DTR at around 7 oclock in the
morning of March 15, 2014;

d) I traveled back to our house at Brgy. Uswag JP Laurel St.,
Davao City at around 7:15 oclock in the morning and
arrived at our house at around 8:30 oclock in the morning
of the same date;


e) I have never placed myself on top of the complainant
naked and did not remove her clothes;

f) I did not kiss and touched the breast of the complainant
and did not threaten to kill her;


g) I did not inflict strong force so as to cause abrasions on
the complainants wrists;

h) I did not punch the complainants stomach;


i) I did not insert my penis into the complainants vagina;
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People vs Pascual

j) I do not use SHABU or any illegal drug for that matter.

5. I deny the allegations in Paragraph 8 for lack of knowledge as
to the truth of said allegations, the truth being that:
a) I only arrived at our house at Brgy. Uswag JP Laurel St.,
Davao City at around 8:30 oclock in the morning because
of the distance of my work from our house, it takes me
about an hour or more to commute to and from;

b) The complainant could not have seen me outside the
house at 7 oclock in the morning since I left my
workplace only at around 7:15 oclock in the morning of
March 15, 2014 and I could not have reached our house
in an instant.


6. I deny the allegations in Paragraph 9 for lack of knowledge as
to the truth of said allegations;

7. I deny the allegations in Paragraph 10 for lack of knowledge as
to the truth of said allegations, the truth being that:
a) Around 12:30 oclock in the afternoon of March 15, 2014,
my brother informed me that the Complainant along with
Divine Geronimo Pascual has lodged a criminal
complaint of RAPE against me;

8. I deny the allegations in Paragraph 11 for lack of knowledge as
to the truth of said allegations, the truth being that the
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Counter- Affidavit
People vs Pascual

Complainant knew exactly where I was staying and where I
work;

9. I deny the allegations in Paragraph 12 for lack of knowledge as
to the truth of said allegations.

That I am willing to testify in court to prove my contentions.

That I am further executing this counter-affidavit in order to attest
to the truth of the foregoing facts and for whatever legal purpose this
may serve best.

IN WITNESS WHEREOF, I have hereunto set my hand this _____
at Davao City, Philippines.


PIOLO PASCUAL
Affiant




Atty. Michaelo L. Florentino
Atty. Sheina Mae B. Galendez
Atty. Anna Mae S. Reyes
Atty. Joan E. Suico