Counter Affidavit Sample

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The document outlines a case involving allegations of violating anti-photo voyeurism laws. The respondent denies the allegations and claims the complainant willingly sent a revealing photo.

The complainant alleges that the respondent forced her to send a revealing selfie and posted it without consent. She also claims the respondent uses a fake Facebook account.

The respondent denies forcing or posting the photo. He claims she willingly sent the photo during casual conversation and he immediately deleted it. He only has one Facebook account under his real name.

Republic of the Philippines

Department of Justice
NATIONAL PROSECUTION OFFICE
OFFICE OF THE PROVINCIAL PROSECUTOR
Province of Iloilo
Iloilo City

P/LT. SHIELA D. BITO-


ONON, COP PNP MINA,
ILOILO, and JANELLE
REIGN ACANTO y
PUMARAN, NPS Docket No.: V1-11-INV-19F-
Complainants, 00632
For: Violation of Anti-Photo
- versus - Voyeurism Act (Republic Act
No. 9995), in relation to R.A.
CZEDRICK GULMATICO, 7610
Respondent.
x- -------------------x

Counter-Affidavit of
Respondent Czedrick Gulmatico

I, Czedrick Gulmatico, of legal age, single, Filipino, and a


resident of Brgy. Lumbo, Pototan, Iloilo, state under oath as follows:

Preliminary Statement

The person examining me is Atty. Mayen Mar Gulmatico, with


office address at __________________________________, where this
examination is being held. I am answering his questions fully
conscious that I do so under oath and may face criminal liability for
false testimony and perjury.

Q1: Are you Czedrick Gulmatico, the respondent in the complaint-


affidavit filed by Janelle Reign P. Acanto?
A: Yes, Attorney.

Q2: Have you read the allegations of the complainant in her


complaint-affidavit?
A: Yes, Attorney.

Q3: What can you say about it?


A: Her allegations are not true. Firstly, I did not force her to send
her picture which shows her breasts. Secondly, I do not have a
dummy account in the name of a certain Mickoy Cruz.

Q4: If you did not force her to send her picture and you do not
have a dummy account, what really happened?
A: She sent the picture to me one night and I immediately deleted
the conversation after I saw the picture.

Q5: What is the picture she sent you?


A: It was her selfie picture with her breasts exposed.

Q6: What happened before she sent you that picture, if any?
A: We talked about what happened during that day. Just the
usual how are you and what are you doing.

Q7: At what point in your conversation did she send that picture?
A: I can no longer remember, Attorney, because I deleted our
conversation right after.

Q8: In her complaint-affidavit, she said that you forced her to send
her selfie picture with her breasts exposed. What can you say
about it?
A: That is not true, Attorney. I was actually surprised when she
sent me that picture.

Q9: When you received her picture, what did you do?
A: I just stared at it because she told me to stare at it. I then
deleted our conversation.

Q10: You just deleted your conversation. Nothing more?


A: None, Attorney.

Q11: Did you save the picture?


A: No, Attorney. After I looked at her picture, I immediately
deleted our conversation.

Q12: I am showing to you a picture of one girl in yellow shirt with


her breasts exposed.
(Counsel presents to respondent the picture attached as Annex to the
complaint-affidavit.)
Is this the picture she sent you?
A: No, Attorney.

Q13: What was the picture she sent you?


A: It was different, Attorney because she wore a different t-shirt
at that time. It was color white.

Q14: Anyway, what happened after she sent you her picture?
A: We talked again, but because I always delete our conversations
and at that time I deleted our conversation right after, I can no
longer remember what we talked about after she sent her
picture.

Q15: Do you always delete all your conversations in Facebook


Messenger?
A: Not all. Just my conversations with her.

Q16: Why do you delete your conversations with the complainant?


A: Because she told me that she has a boyfriend and that in order
to hide the fact that we are talking, we agreed to delete our
conversations.

Q17: In her complaint-affidavit, she likewise alleged that you have a


dummy Facebook account named Mickoy Cruz. What can you
say about this, if any?
A: That is not true because I only have one Facebook account.

Q18: What is that Facebook account?


A: My personal account under my real name, Czedrick
Gulmatico.

Q19: However, in her complaint-affidavit, she said that she was


very sure that she sent her selfie picture with her breast
showing to just one person, and that one person is you. What
can you say about it?
A: That is not true, Attorney, because the picture she sent me is
different from the picture she alleged I posted.

Q20: What was the picture she sent you?


A: She was wearing a white t-shirt.

Affiant further sayeth naught.


Iloilo City, Philipines, August 2, 2019.

CZEDRICK GULMATICO
Affiant

SUBSCRIBED AND SWORN TO before me this _____________


at Iloilo City, Philippines. I hereby certify that I have voluntarily
examined the affiant and I am satisfied that he voluntarily executed
and understood his counter-affidavit.

Republic of the Philippines )


Iloilo City ) s.s.
x---------------------x

LAWYER’S ATTESTATION

I, MAYEN MAR GULMATICO, of legal age, single, Filipino,


with office address at ___________, hereby depose and state the
following:

1. I am the lawyer who conducted and/or supervised the


examination of respondent on _________ at
____________________.

2. I have faithfully recorded and/or caused to be recorded the


questions I have asked respondent as well as the answers he
gave thereto.

3. Neither I nor any other person then present or assisting me has


coached said respondent regarding his answers.

4. This counter-affidavit which contains questions and answers


was duly signed by the witness in my presence.

IN WITNESS WHEREOF, I have hereunto set my hand this


____________ at Iloilo City, Philippines.

MAYEN MAR GULMATICO


Affiant

SUBSCRIBED AND SWORN TO before me this _______ at


Iloilo City, Philippines.

Copy furnished:

NAME OF COMPLAINANTS
Address

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