REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
BAGUIO CITY
Maria A. Cruz
Complainant,
-versus- I.S. NO.xxxxxxxxxx
For: Rape
Barry C. Pakyaw,
Respondent,

COUNTER-AFFIDAVIT
I, Barry C. Pakyaw, of legal age, single, Filipino and residence at 87
Guisaran Street, Tondo, Manila, Philippines after having been duly sworn in
accordance with law hereby depose and state that:
1. I am the respondent in the above-captioned Criminal Complaint;
2. I am employed as a helper in the same house where the complainant
worked as a maid;
3. I strongly deny all the accusations against me;
4. The truth of the matters are as follows:
The complainant and I are living together in the same house as opposed to
her statement that I am living in the smaller house. We have known each
other for a long time. As a friend of Maria Cruz, she always tells me that
she has been longing to have a boyfriend and to marry her of such man
truly loves her.
5. Sherly T. Ramos, the other household helper, keeps on telling me that
Maria Cruz has a crush on me and she wanted me to become his boyfriend.
6. On August 15, 2019 at around 1:30 in the afternoon, I came from my room
and I noticed that there is a person in the room adjacent to mine. I was
curious as it was usually vacant. When I peeked into that room, I saw Maria
Cruz alone and seems to be having a hard time. I went inside to ask what
her problem is.
 7. After confiding to me what her problem is, she thanked me and she told
me that I am very kind. She confessed to me that she likes me. I also kissed
her back because of my feelings for her until we had a sexual intercourse.
8. After our sexual intercourse, she asked me if I am willing to marry her
because we already had a sexual intercourse. I said that I am not yet ready
as I have also my duties and responsibilities. After she heard my answer,
she immediately run away and told Sherly that I raped her.
9. The copy of the report of the Doctor who examined Maria is attached to
this and marked as ANNEX “2”.
10.Based on the foregoing facts, it is clear that I did not rape the complainant
through force as it was a consented sexual intercourse.

IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of

August 2019 in Baguio City, Philippines.

BARRY C. PAKYAW
RESPONDENT
SUBCRIBED AND SWORN TO before me this 30th day of August, 2019 in
Baguio City Philippines. I hereby certify that I have examined the Affiant and that
I am fully satisfied that she has voluntary executed and understood the contents of
his Counter-Affidavit.

Camila H. Gerona
Public Prosecutor.