Counter-affidavit- Sample

I XXXXXXXXXXXXXXX , of legal age, married, Filipino, and residing at Brgy. Alimudong, La Paz, Abra, after having been duly sworn to in accordance with law do hereby depose and say that:

  1. On 20 May 2014, I received a copy of a subpoena directing me to file and submit a counter affidavit and other supporting documents not later than ten (10) days from receipt of the said subpoena or until 30 may
  2. I am the wife and the respondent of the above entitled case filed by complainant XXXXXXXX for the alleged adultery filed before the Office of the provincial Prosecutor, Bangued, Abra.
  3. In our marriage we sired two beautiful children, named XXXXXXXXXX, 13 years old and XXXXXXXXXXXX, 11 years old, respectively. These are our children who live and complete our family. However, such happy family was tainted and marred with insecurities and speculations that I have an affair with a military man. Which resulted to our separation as husband and wife when he unceremoniously kicked me out in our conjugal dwelling after heated arguments ensued between us;
  4. Our marital problems escalated and even persons who were not involve or do nothing were dragged and suffered to answer the malicious accusations against him just to taste his threat of vengeance against me. In which case, I have to tell the truth and deny all his malicious accusations against my honor and to protect the welfare of my two innocent children who suffered psychological and emotional distress from the time our marital problems erupted;
  5. The confluence of events started on January 25, 2013, when the ABS-CBN Sagip Kapamilya in collaboration with the Armed Forces of

the Philippines chose our school-the Nagaparan Elementary School as a beneficiary of the project;

  1. As the chosen beneficiary, we the member of the faculty welcomed them heartedly and happily because of the blessings we have to receive;
  2. Among the military personnel who secured the premises of our school is YYYYYYYYYY. I came to know him when they introduce themselves as the military component that will secure and provide security of program of the ABS-CBN;
  3. During the said occasion, YYYYYYY, while guarding his post, near in the place, casually asked me some matters related to the people and politics in our locality. Likewise he asked me also if there were news about the leftist in our town and I replied none. I told him that during elections only that there were unconfirmed reports of armed groups. This was the occasion when YYYYYYYYYY personally and seen by my co- teachers in the school.
  4. That sometime in May 2013, while I am washing clothes, my cellular phone beeped and my husband opened and suddenly get mad telling me that I have a paramour. At that moment, he captured my sim card and left my cellular phone emptied. I ask him what was the problem but he was mum of what he really read from that text. And after, inspecting the inbox, a message saying “Hi mam, kumusta na po kayo”. The number was not entered in my phonebook and unfamiliar number.
  5. At that time started our quarrels especially when he will hear my cellular phone beeping or ringing, he will immediately tell that my paramour is calling and texting me. The truth and the fact that those who texting or calling me where my friends or if not my co-teachers in the school.
  6. The unreasonableness and unruly behavior of my husband became more intense at the time passes by. I was informed that my husband is suspecting that I have an illicit relationship with a soldier. This was the news I heard from one of our friends, because NNNNNNN allegedly tipped by one of our co-teacher that one of our military escorts during the ABS-CBN Sagip Kapamilya Project is my alleged lover or paramour;
  7. Every night I always crying because my husband depicting me as hoar if not a prostitute woman. All the nasty and unpleasant words were uttered by NNNNNNN not only with my honor but even the honor of my family. He depicted my family as a family of hookers which I cannot accept;
  8. He always telling me that the door is open and I could freely go back to my family in La Paz. Anyway he said that I have a military lover and might give a better life. This was the insecurity of Narciso because he has no job and I am a public teacher who decently earn. He always portraying that he is nothing to the family and inutile because of wide disparity of our status. But I never showed to him that he is nothing to our family but I am encouraging him to strive harder in life.
  9. After I did not attend my classes in my school for five (5) days, my co-teachers went and talk to me to attend my classes. I heed them and I attended my classes, but during my days in the school, NNNNNNNNN texted my co-teachers with the nasty and the false accusations that I am an infidel and unfaithful wife to him. These accusations were informed to me by my co-teachers.
  10. On February 17, 2014, he texted me to talk with the matters at the back of our conjugal dwelling. I requested him to just come inside but he refused. Just to give way to his request, I went at the back of our house. I saw him sitting near the rice paddies. He asked me to acknowledge that indeed I have sexual relation to YYYYYY. Because he said that it is very painful if somebody will tell the things I opted to know. I told him that you already told to other people of your false accusations to me, what is the reason why I should tell that I have relationship with YYYYYYY. When we were near at the house, he embraced me and told that my breast is getting bigger. I answered nothing to him. I convinced him to enter in the house. While we were inside our room, he embraced me again and kiss me. But he stopped when our son Neil came. At first he hide but when our son requested our cellular phone to contact him, he finally appeared and asked his son to go home in her grandmother’s house.
  11. On February 18, 2014, at early dawn, NNNNNNNNNN came to our house and he used me again. After our sexual deeds, he gave me an option: if you will choose us, you will stop working and just stay in our house. I replied, it’s your call. But he did not pursue because he said that he felt that I allegedly do not love him any more and can not feel anymore the intimacy and pleasure before having the sexual deeds. On the night of that day, my son told me that I have to go home first at my mother’s house in La Paz because my son and NNNNNNNN will go to Manila and I will be left alone. My son went home to his grandmother’s house near our home. After a while Narciso appeared and angrily told me to go home in La Paz. He uttered nasty and invective words against me like ‘putang ina mo, binaboy mo ang bahay”. He left our house together with my cellular phone. After that, I have no choice but to ask refuge to my parents in La Paz.
  12. To belie everything that all the accusations of NNNNNNN to me and to YYYYYYYYY, were false, copy of the letter voluntarily made by my daughter KKKKKKKKKKKK dated February 24, 2014 is attached as Annex “A”. Likewise, a letter was made by our neighbor in Alimudong, La Paz in the person of JJJJJJJJJJJ supporting the statement of my daughter KKKKKKKKK that indeed vouching my innocence and had not seen any man to be my paramour. Copy of the said letter as Annex “B ”, hereof. In addition thereto, an affidavit executed by MMMMMMMMM, my grandmother who stayed in our conjugal house in Alimudong contradicting the false accusations of the complainant. Copy of the said affidavit is attached as Annex “C”.
  13. The complainant had made a story purely to put my good reputation in a despicable manner. What is appalling is that he concocted the truth by using innocent persons just to make it appear that he was the victim or aggrieved in this case. The affidavits by my son LLLLLLLLLL and certain RRRRRRRRRRR were all coached and manipulated by the complainant. As the mother of LLLLLLLL, who provides for everything and

who loves him from the time of his inception, would not be forsaken by his child except for the reason that someone is forcing him to do even against his will. And that is the complainant who brainwash our son and accused her mother of doing felonious act. Likewise, the affidavit executed by Damian contained of untruthful statement and no leg to stand to pin me down with the crime of adultery. The asseverations made by the complainant, my son Neil and Damian cannot be considered as an evidence for the crime of adultery.

  1. Upon my researched of the crime of Adultery, particularly Article 333 of the Revised Penal Code, which states:

ART. 333. Who are guilty of Adultery .-Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her, knowing her to be married , even if the marriage be subsequently declared void.

  1. In the above provision of the law, it is very clear that there must be an actual sexual intercourse between the parties involved. What has been alleged in the complaint-affidavit by the complainant was a mere suspicion that I have a lover in the person of YYYYYYYYY. Second, the allegations made by the witnesses of the complainant (Neil and Damian) cannot be squarely applied to the above provision due to lack of allegations of sexual intercourse. Therefore, in the absence of material ingredient or element for the crime of Adultery, the complaint deserves to be out rightly dismissed by the Honorable Office.
  2. It must be noted that our conjugal house is located at the very heart of complainant’s barangay in Alimudong. This is the ancestral place of the GGGGGG family for how many years. As a professional public teacher, the accusations were all lies and fabricated. It is beyond the human experience that a person will do those felonious acts within the very eyes and scrutiny of complainant’s relatives, friends and barangay mates. Our conjugal house is located at the interior of the barangay, hence, any person that will go to our house will pass through the aisle of some houses of the said barangay.
  3. Likewise, my son Neil is an 11 years old and we were accompanied at our house by our grandmother Catalina. These may shocks my conscience if I will do the things they were accusing to me that despite of their presence I will do those felonious acts.
  4. Interesting to note also after I recollected all the acts made by the complainant against me even before those fabricated accusations was made. First, during the days that he was in Manila, my brother had the occasion to catch him with a girl in the rented house of my brother. The complainant flimsy reasoned out that the girl was applying to be a made. Secondly, during the time he was applying for work abroad, he was denied because of his medical problem. I learned his medical condition that he was inflicted with VDRL-HIV based from his text message to her mother. I was shock from what I learned. But when I tried to ask really his condition