Republic of the Philippines

Department of Justice
National Prosecution Service
City of Baguio
Justice Hall Yandoc Street Baguio City

ALILIWAY IS No. 12345

REPRESENTED BY: PEDRO BASILICA For: Violation of B.P.
Blg. 22

-versus-

RODEL BAGIWES
x----------------------------------------------------x
COUNTER-AFFIDAVIT
I, RODEL M. BAGIWES, of legal age, married, Filipino citizen, and a
resident of House no. 114, Upper QM, Baguio City, after having duly sworn
to in accordance with law hereby depose and say, THAT:
1. I am the Respondent of the above entitled case;

2. I deny the Complaint-Affidavit filed by one Pedro Basilica for

being untrue, inaccurate, and frivolous as to the specific allegation on
the documentary annexes;

3. That I am denying the truthfulness and due execution of the

documents attached to the affidavit for lack of knowledge sufficient to
form a well-founded belief;

4. The complaint-affidavit filed by Pedro Basilica did not comply

with the requisites of Batas Pambansa Bilang 22 as provided for in
Domagsang vs Court of Appeals, G.R. No. 139292, December 5, 2000;

5. There was no notice of dishonor coming from the complainant

Pedro Basilica, much less a proof of service of said notice of dishonor. In
the aforementioned case decided by the Supreme Court, it stated that
where there are no sufficient funds in or credit with such drawee bank,
such fact shall always be explicitly stated in the notice of dishonor or
refusal. A mere oral notice or demand to pay would appear to be
insufficient for conviction under the law;

6. As to their paragraph 8, we question how were they able to

acquire the document attached and marked as Annex “C” when there is
a law that keeps the confidentiality of transactions between the bank
and the depositor or drawer. The confidentiality between the two is
violated, thus it can be inferred that the said document came from a
polluted source;

7. I never wrote any letter to Pedro Basilica informing him that I

have already received the letter of Allied Bank Baguio City Branch which
dishonors my check;

8. Although there was a loan, we never entered into a

Memorandum of Agreement;

9. I paid the loan on installment basis for over a period of six

months since October 22, 2018. I am paying Php 50,000 per month with
the acknowledgement receipts as proof. The acknowledgment receipts
are attached and marked as Annex “1”;

10. As such, I have fully paid the loan inclusive of interest;

11. I am executing this Counter-Affidavit to attest to the truth of

all the foregoing statements and further pray for the DISMISSAL of this
criminal case filed against me;

IN WITNESS WHEREOF, I hereunto affix my signature this 31st

day of August, 2019 at Baguio City, Philippines.

RODEL M. BAGIWES
Affiant

SUBSCRIBED AND SWORN TO before me this 31st day of

August, 2019 at Baguio City, Philippines.

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VERIFICATION

I, RODEL M. BAGIWES, of legal age, married, Filipino

citizen, and a resident of House no. 114, Upper QM, Baguio City, after
having been duly sworn to in accordance with law, hereby depose and
say:

That I am the Respondent of the above-entitled case;

That I have caused the preparation of the above-entitled

Counter-Affidavit and the contents are true and correct to my own
personal knowledge and based on authentic records;

IN WITNESS WHEREOF, I have hereunto set my hand this 31st

day of August, 2019 at Baguio City, Philippines.

RODEL M. BAGIWES
Affiant

SUBSCRIBED AND SWORN TO before me this 31st day of

August, 2019 at Baguio City, Philippines, affiant exhibiting to me his
valid identification card bearing his picture and signature as
competent proof of his identity.

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