Republic of the Philippines

National Capital Judicial Region

METROPOLITAN TRIAL COURT
Marikina City, Branch 75

PEOPLE OF THE PHILIPPINES,

Plaintiff,

versus Criminal Case No. 07-52665-74

MA. ZENAIDA C. CRISTI,

Accused.
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COUNTER-AFFIDAVIT

I, ZENAIDA CARINAN CRISTI, of legal age, married and with permanent

residence at No. 209 Bagong Silang St., Parang, Marikina City, after having

been sworn to in accordance with law, do hereby depose and state that:

1. I specifically deny the allegations of private complainant Rodolfo

Matthews in the 1st paragraph of his Complaint-Affidavit where he

stated that my mother Elisa Carinan mortgaged in favor of

complainant a parcel of land covered by TCT No. 435259 located at

209 Bagong Silang St., Parang, Marikina for ONE HUNDRED

FIFTY THOUSAND PESOS (Php 150,000.00). Being part owner of

the property, the accused Ma. Zenaida Carinan Cristi, drawn and

issued ten (10) checks in the amount of Seven Thousand Five

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 Hundred Pesos (Php 7,500.00) per check, payable to complainant,

to be due every 17th of the month. The truth of the matter is that

privately complainant fraudulently conceals the whole truth and

did not disclose that my mother and my siblings and I, as co-

owners of the property, executed the mortgage to secure the

payment of the loan of P150,000.00;

2. Private complainant likewise did not disclose that he even filed a

Petition for Extrajudicial Foreclosure with the Regional Trial Court

of Marikina City, in order to foreclose on the mortgage. However,

for inexplicable reasons, he did not pursue the foreclosure

proceedings but instead fraudulently and deceptively enticed my

incapacitated mother and sister Narissa Hayno to sign a Deed of

Absolute Sale over the mortgaged property, as settlement for our

loan;

3. As a result, my lawyer told me that private complainant is in

estoppel to charge me for violation of BP 22. It would appear that

private complainant secured the settlement of our loan by entering

into a fraudulent purchase of our property. As a result of the said

fraudulent purchase, he was able to secure a new Transfer

Certificate of Title from the Registry of Deeds of Marikina City;

4. Private complainant relied on the said Deed of Absolute Sale and

new Transfer Certificate of Title when he filed an ejectment case

entitled Sps. Rodolfo Matthews & Leticia Matthews vs. Elisa

Carinan and Narissa Hayno, before the Metropolitan Trial Court

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 of Marikina City, Branch 75, under Civil Case No. 05-7808. The

said ejectment case was ruled in his favor;

5. Furthermore, it should be clarified that I issued the checks not as

payment for the loan but only as additional security for the

payment of the loan;

6. Moreover, assuming arguendo that private complainant is not in

estoppel in denying the settlement of the loan by virtue of the

purchase of the property, still I can not be held liable for Violation

of BP 22 because the crucial element of notice of the dishonor is

not present;

7. I have never been personally and actually notified of the dishonor

of the said allegedly bad checks before the private complainant

filed the criminal complaint against me. Thus, I specifically deny

the allegations of the private complainant in the 2 nd paragraph of

his Complaint-Affidavit; and

8. I am executing this Counter-Affidavit to attest to the veracity of the

foregoing statement of facts and to rebut the charges against me.

IN WITNESS WHEREOF, I have hereunto set our hands this 9th day of March
2009 in Marikina City, Philippines.

MA. ZENAIDA CARINAN CRISTI

Affiant

CERTIFICATION

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 SUBSCRIBED AND SWORN to before me this 9th day of March 2009 and I
hereby attest that I have personally examined the affiant who admitted to me that she
has read and understood all the allegations in her Counter-Affidavit.

Assistant City Prosecutor

Copy furnished:

Office of the City Prosecutor

The Law Firm of Habitan, Ferrer, Chan

Tagapan, Patriarca & Associates
Private Prosecutor
GF Senor Ivan De Palacio Bldg.
139 Malakas St., Diliman
Quezon City

EXPLANATION

A copy of the foregoing Counter-Affidavit was filed with the Honorable

Court and was served upon the private prosecutor in lieu of personal service in
view of the proximity of the offices of the parties and the impracticability of
personal service.