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REPUBLIC OF THE PHILIPPINES DEPARTMENT OF JUSTICE OFFICE OF THE CITY PROSECUTOR

DAVAO CITY
MIA CULPA Complainant -VERSUSI.S. NO. _________ FOR: Rape PEDRO C. CARGO Respond
ent x---------------------------------------------------------------------------------------x COUNTER-AFFIDAVIT I, Pedro C. Cargo, of legal age, Filipino citiz
en and a resident of San Miguel, Dumanlas, Davao City, after having been sworn t
o in accordance with law hereby depose and state that: 1. I am the accused in Cr
iminal Case No. ______ for the crime of RAPE under Article 266-A of the Revised
Penal Code; 2. I am employed as a packer at the Asparagus Packing Plant of the M
arsman Drysdale Agriventures Corporation at Polomolok, South Cotabato since Nove
mber 3, 2009; 3. int; I admit the allegations in Paragraph 2 of the Complainant s
Affidavit-Compla
4. I deny the allegations in Paragraph 4 for lack of knowledge as to the tr uth
of the said allegations, the truth being that: a. On the morning of March 3, 201
0, I was at the place of my work in Polomo lok, South Cotabato where I earn P180
. daily; b. That at about eight (8) o clock in the evening of March 3, 2010, I rec
eived a call from my brother informing me that the complainant has filed charges
again st me for the crime of rape under Art. 266-A of the Revised Penal Code; c
. That I am the eldest in the brood of five and is the sole breadwinner of the f
amily after both of my parents died in a vehicular accident in April 2009; d. Th
at in order to save on expenses and increase the amount I send to my s iblings f
or their schooling, I seldom go home at our residence in San Miguel, Du manlas,
Davao City but instead stay at the company-provided residence quarters d uring t
he duration of my duty ; e. That the last time I went home was on December 24, 2
009 in time for the Christmas break to spend time with my family and that I imme
diately went back t o Polomolok the next day in order to avail of the premium pa
y for overtime work;

f. That I know the complainant as residing in the same barangay where our r esid
ence is located but have not maintained any close relationship with her or h er
family; g. That it is physically impossible for me to commit the crime charged b
eca use I had been in Polomolok, South Cotabato since December 25, 2009 as I am
afte r the renewal of my employment contract should I satisfactorily complete th
e wor k demands of the five-month probationary period since the start of my empl
oyment on November 3, 2009; h. That I have never been to the complainant the morni
ng of March 3, 2010; s house moreso at seven (7) o
clock i
5. The allegations stated in the Affidavit-Complaint are mere malicious fabricat
ions by the complainant which may have been spurred by the bitter enmity harbor
e d by members of her family arising from a property dispute that involved both
ou r families, which case had already been decided in finality by the Supreme Co
urt to our favor, and as a result of which the members of the complainant s family
have repeatedly hurled verbal threats against me and my siblings that they woul
d get back at us in whatever way possible. 6. I am executing this Counter-Affida
vit for the purpose of attesting to th e truth of the foregoing statements, to i
nform the proper authorities of the abo ve facts, to support my prayer for the d
ropping or dismissal of the instant case against me and for whatever purpose thi
s may serve best. IN WITNESS WHEREOF, I have hereunto set my hand this 8th day o
f March, 2 010 at Davao City, Philippines.
PEDRO C. CARGO Affiant SUBSCRIBED AND SWORN TO before me this 8th day of March,
2010 in Davao C ity, Philippines. ROXAN G. APOSTOL Prosecutor I
CERTIFICATION This is to certify that I have personally examined the herein affi
ant an d that I am satisfied that he voluntarily executed and understood his sta
tements in this Counter Affidavit. ROXAN G. APOSTOL Prosecutor I

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