REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
QUEZON CITY

MARIA CLARITA IBARRA

Complainant,

-versus-

I.S.No.________________
For: UNJUST VEXATION

JUANITO CRISOSTOMO DELA CRUZ

Respondent.
x--------------------------------x

COUNTER COMPLAINT-AFFIDAVIT

I, JUANITO CRISOSTOMO DELA CRUZ. The respondent of this

case, legal age and a resident of 335 Brgy. Kagubatan, Quezon City, duly
sworn in accordance with law, hereby depose and state that:

1. I am being represented in this case by my counsel Atty. Rendel

Chan, with office address at 2nd Floor Prince center Makati City,
where summons, notices, orders, resolution and other legal
processes of this Honorable Office may be served;

2. The instant case should be OUTRIGHTLY DISMISSED by this

Honorable Office for being MALICIOUSLY FILED and for
want of any evidence sufficient to form a belief that a probable
cause exists to hold the Respondents for trial;

3. The Complaint-Affidavit do not contribute any overt act or a

commission thereof as to constitute for a case of UNJUST
VEXATION;

4. The Complainant and I met at the church last 2010 and had been
good friends ever since, which developed into a long-term
relationship;

1
 5. The Complainant and I have a 3-year relationship but for the past
few weeks we are having some issue because I am prioritizing
my work more than our relationship;

6. That on 23 February 2019, at 7:00pm, the Complainant and I saw

each other, personally in front of their house, cleared things out
and that she will understand my situation at work since it is for
our future hence that I would try to give as much time as possible
to nurture our relationship;

7. That on 24 February 2019, at 8:30 in the morning, knowing that

we already ironed out our issue and that we did not broke up I
acted normally around the Complainant.

8. I do not have any intention to annoy or feloniously embrace my

own girlfriend hence my manner of doing such things were
passionate, soft and calmly;

9. A crucial consideration that the Honorable Prosecutor must look

into was the fact that everyone in the church were calmly
continuing their own business and acting as if we were just on a
normal couple conversation or “kulitan”.

10. In light of the foregoing, it is very clear that there is no probable

cause to charge the Respondents in court for Unjust Vexation. As
established by the facts, circumstances and evidence clearly
presented in all the preceding discussion, it is beyond doubt that
the alleged guilt of herein Respondent for the crime is actually
non-existent, if not fictional and imaginary. Thus, it is most
respectfully prayed to this Honorable Office that the instant
complaint be DISMISSED.

IN WITNESS WHEREOF, I have hereunto affixed my signatures this 10th

day of March, 2019 at Quezon City, Philippines.

JUANITO CRISOSTOMO DELA CRUZ

Respondent/Affiant

2
 SUBSCRIBED AND SWORN to before me this 10th day of March,
2019 at Quezon City, Philippines by the affiants. I hereby certify that I have
personally examined the affiants and I am satisfied that they understood and
voluntarily executed a Counter-Affidavit.

Administering/Provincial Prosecutor