REPUBLIC OF THE PHILIPPINES)

PROVINCE OF AGUSAN DEL SUR…) S.S.

MUNICIPALITY OF PROSPERIDAD)
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COUNTER-AFFIDAVIT
I, JEM LOPIO DANILA, of legal age, married, Filipino and a
resident of Poblacion, Marihatag, Surigao del Sur, after having been
sworn to in accordance with law, do hereby aver – that:

1. I am the same person being named as Respondent in

Criminal Cases Nos. 10337 & 10338 pending for Trial before Regional
Trial Court – Branch 6 of Prosperidad, Agusan del Sur.

2. I file this Counter-Affidavit to form part of my defenses

before the Honorable Court, considering that I was unable to
participate during the preliminary investigation of these cases.

3. For three years now, I have been a public school teacher at

Brgy. Campa Elementary School – Marihatag, Surigao del Sur. I am
therefore surprised that I was being prosecuted in Agusan del Sur
barely a month after I and private Complainant (Jacqueline) have just
agreed before the Public Attorney’s Office (PAO) in Lianga, Surigao del
Sur on December 07, 2017 as to how my salary be used for the
support for our two children. That agreement was in response to
Jacqueline’s act of leaving our house bringing with them our two
minor children on October 2017.

4. Clearly, the instant cases should be dismissed for these are

nothing more than a harassment suit against me and my mother.

MATERIAL DATES AND ACCUSATIONS

4. The gist of the Complaint states:

a. That on August 29, 2017, Jacqueline found out that I

was having an affair with a certain Bibian Llamas based
on the ticket named after the latter’s father. And that this
suspicion was later confirmed on October 14, 2017,
complainant saw me and Bibian at the house of the
latter’s sister. On November 28, 2017, Marcos Llamas
also admitted before her that I and Bibian was having an
affair. These are based on the attached yet unidentified
“Exhibits 1” and “2”;

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 b. That I verbally hurt Complainant through text messages
– with “painful words”, i.e. my alleged death wish to her
and our children;

c. That the last time I contacted Complainant and our

daughter was on December 18, 2017 when the latter
asked money to buy clothes.

d. That on October 2017, I said to Complainant that I will

stop supporting her and our children since we still have
savings account from our business;

e. That I in fact stopped supporting Complainant and our

children since November 2017 after despite agreeing
before the Public Attorney’s Office (PAO) on December
2017 about it.

ON THE ALLEGED ILLICIT AFFAIR ---

The Minutes before the Barangay

should be excluded as evidence for
they contain admissions of third
persons in regard to my alleged
illicit affair; hence, the Complaint
for psychological abuse lacks
basis.

5. In support of the above allegations, the Complainant

attached, among others, a copy of the Minutes in the Barangay
proceedings before the Office of Barangay Campa, Hinatuan, Surigao
del Sur and certain “pictures” showing two individuals hugging each
other.

6. On its face, it appears, however, that I never participated

in any of these barangay proceedings. Yet, the Punong Barangay
released a Minutes with regard to the admission of a certain
individuals, i.e. brother of a certain Bibian Llamas and that of her father.
These individuals cannot be used by complainant to accuse me
psychological abuse citing illicit relationship.

7. Assuming arguendo that there was indeed a barangay

conciliation at Barangay Campa, I was not invited nor have I
participated therein. Thus, the Minutes of the barangay finds no basis
in support of the accusation. Perforce, the same should be excluded
for being inadmissible as evidence against me.

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 8. All that Jacqueline had against me on the mentioned
“illicit affair” is suspicion. Even the photos/pictures attached to the
Complaint were not authenticated as Electronic (print-out) and
documentary evidences. It is easy to edit photos to make it appear
that a certain person was with another. Jacqueline could not even rely
on the admission of other persons that I and Bibian lived in a
boarding house.

9. While I admit that I brought with me a ticket on August

2017, it is not indicative of an illicit affair with another woman
especially so that it was named after a male person.

10. Precipitated by the August 29, 2017 “ticket” incident,

Jacqueline left the house on October 2017 without my knowledge
prompting her to seek intervention from the Public Attorney’s Office
(PAO) in Lianga Surigao del Sur. Since then, she and her mother have
been visiting my workplace in Brgy. Campa to filed a complaint
against me on November 2017 for allegedly refusing to give support.
They then went to PAO for the same complaint. Barely a month
thereafter or on January 2018, she filed a criminal case against me
adding “psychological abuse” when there was none. In no instance I
denied Jacqueline, or our children of support for they have been
visiting me even in my workplace.

ON THE ALLEGED ECONOMIC ABUSE ---

Jacqueline and I have financial

difficulties in our marriage life
causing so much stress to my old
mother and prior to the December
2017 Agreement.

11. Aside from taking care of my family, I have been

supporting my old mother as well. It must be emphasized that while
there was in fact an agreement before PAO in regard to my duty to
give support, this cannot be taken hook line and sinker. Like any
other agreements, I signed the same on the understanding that my
capacity to give support must be taken into consideration.

12. Being a public school teacher who relies purely on

monthly compensation, Jacqueline cannot weaponize the agreement
to demand money which I am incapable of giving. Paragraph 3 of the
Agreement clearly states:

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 “I (JEM DANILA) undertake to give a monthly support of
sixty percent (60%) of my net salary to my children which I
authorize to be deducted from my payroll account to be
deposited to their own savings account. In addition to that,
in case bonuses and other remunerations are given to me, I also
undertake to give sixty (60%) of the same to them.”

The “savings account” referred to in the foregoing provision

was in possession of complainant at the time of the agreement and
she have had withdrawn more than Fifteen Thousand Pesos from it.

I also deemed it wise to narrate the circumstances about how

impossible it is to provide support considering the financial stress I
and my mother suffered since marrying the complainant in 2015:

12.1. Jacqueline and I lived as husband and wife since 2012

but we were married only on October 24, 2015. I worked
fulltime and loaned moneys from relative just to give her
capital to start a small business. We live with my mother’s
property in a small house adjoining to our small sari-sari store
and karenderia at Poblacion, Marihatag, Surigao del Sur. This
store is now closed when Jacqueline forcibly took all the stocks,
including some appliances, plastic chairs and wooden table.

12.2 Jacqueline has a habit of leaving the house every time

she felt being “cheated”. On her first three attempts to leave the
house, my mother and grandfather would ask on bended knees
on her to go back with our then only child. The fourth and last
time she left the house was on October 2017. This time,
Jacqueline brought with her the ATM Savings account
containing more than Fifteen Thousand Pesos (Php 15,000.00).
Thus, I personally confronted her about it since she even
refused to give me part of it for my seminar.

Rather, complainant refused and arrogantly demanded my full

salary and not just the sixty percent despite the fact that I
incurred loans to support our business. Please see herein Exhibit
“A” a copy of receipts.

12.3. On June 15, 2018, I met an accident costing me expenses

which I should have kept for my children. Please see herein
Medical Certificate marked as Exhibit “A-1”.
13. Clearly, I was not remiss of supporting our children. If
Complainant had not misled our children into a miserable life by
depriving me of custody, then she would not be asking for the
impossible. My salary as public school teacher which has been

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deducted by the Department of Education for my outstanding loans
now only amounted to Five Thousand Pesos (Php 5,000.00) more or
less. Please see herein payslips marked and attached as Exhibit “B”.

14. It is therefore unfortunate for this case to reach the

attention of the Honorable Court when the same can be settled
amicably taken into consideration my financial capacity to give
support and prevailing circumstances of this case.

15. In fact, on December 18, 2017, complainant and my

daughter visited me in my classroom at Brgy. Campa Elementary
School. Even without them asking me, I would give moneys to my
children for them to buy their personal needs. But in this instance,
Jacqueline told our daughter not to receive anything from me unless
it is in exact amount. I insisted that I cannot make good the 60% net
income because my salary is only Php 5,000.00.

16. True to her illicit motive, I was prosecuted before the

Prosecutor and my indictment before it on June 2018 forced to sell the
parcel of land which my mother owned in order to bail myself out.
This cost my mother Forty Eight Thousand Pesos (Php 48, 000.00) which
money could have been used to support our children in the future!
Please see herein Deed of Absolute Sale dated August 2018 marked and
attached as Exhibit “C”.

17. While my mother had been actively supporting our

children since 2012 to present, Complainant ignored the same and
even twisted the facts. My mother would constantly visit our
children, in my absence, in San Lorenzo Prosperidad during their
birthdays and school activities. Unknown to Complainant, my
mother would give moneys amounting to Two Thousand Pesos
monthly out of her meager salary as utility worker at Enterprise
Bank. Despite these efforts, however, Jacqueline refused to credit it to
my favor citing that I should be the one to give support and not
through my mother. Please see herein Affidavit of Witness of Narcisa L.
Danila as Exhibit “D”.

ON THE ALLEGED VERBAL ABUSES ---

Not all quarrels lead to psychological

abuse; hence, I could not have insulted
complainant through any text message
in the face of our financial woes which
we put our attention on.

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 17. I replead the preceding circumstances to incorporate in
the herein circumstances as follows:

17.1. In 2012, I borrowed money from my sister to help

Jacqueline start a working capital of Six Thousand Pesos to put
up a sari-sari store.
17.2. Our small sari-sari store soon earned income but it was
not enough to defray expenses of our family, especially so that
we were planning to be married in 2015 at that time. Thus, I
would visit the house of Jacqueline at San Lorenzo to meet with
her parents. Her parents would even doubt me if I could
sustain a family knowing I have yet to find a steady job until
2016. I loaned money from the bank for our wedding costing
me an amount of One Hundred Sixty Thousand Pesos (Php
160,000.00), which amount remained unpaid.

17.3. On the other hand, while my mother, Narcisa, inherited

a parcel of land rented as private cemetery by lessees, she was
old enough to manage it. Thus, I requested my mother that
Jacqueline be entrusted for the collection of the rent from the
lessees of this lot with her duty to keep and account its income.

17.4. Since then, Jacqueline would collect the proceeds of the

lease from the lot from June 2015 until the last quarter or
November 2017. To keep its proceeds, I opened an ATM
Savings Account in the name of Jacqueline for her to deposit
the moneys she collected. As of October 2017, this account
contained Seventeen Thousand Pesos (Php 17,000.00).

17.4. While I admit that I told Jacqueline with regard our

savings account, I did so because I requested from her some of
its proceeds for my seminar. I never insulted or abused
Jacqueline verbally on October 2017 or at any point of our
marriage except that I was merely concerned of how she
manage our funds. Despite the moneys in possession of
Jacqueline, my two children would tell me that their mother
refused to buy them what they need. Hence, quarrels between
me and Jacqueline are inevitable. Please see herein the invitation
of seminar marked as Exhibit “E”.

17.5. While Jacqueline may withdraw from our Savings

Account, she was not being honest where would she spend
some of its proceeds. She even refused to give me money when
I was in a seven days seminar on August 2017 prompting me to
yell at her “Hala kana mona iton!” (That is all yours!). Thus, if I
and Jacqueline have heated arguments these do not involve

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 insults or verbal abuse contrary to the findings of the Public
Prosecutor.

17.6. Unknown to me and my mother, however, Jacqueline was

indebted to several lending groups prompting it to collect from
my mother whenever Jacqueline would hide from them.
Because of this, she and my mother would argue which
arguments would end up having to see my mother crying.

17.7. Jacqueline disrespected my mother which I have ignored

to avoid heated confrontation. Jacqueline would ask my mother
to pay the food or give money to our children. Thus, my
mother would pay some expenses of our children without
Jacqueline paying her back.

17.8. Worse, Jacqueline would accuse my mother of having an

affair with a much younger man causing gossips from
neighbors.

17.9. Since working as public school teacher in 2016, I have been

entrusting my DBP-ATM Card given to me by DepEd. This is
where my salary as is downloaded monthly. But due to
outstanding loans, my net salary as of 2017 is only Five
Thousand Nine Hundred Pesos (Php 5,000.00), more or less.

17.10. On October 2017, however, Jacqueline received Fifteen

Thousand Pesos (Php 15,000.00) from my DBP-ATM because
my loan was not debited due to the fact that my savings is
already way below minimum ceiling of P4,000. Again, the
receipt of this money all goes to Complainant.

8. From the foregoing, it is obvious that all the complaints of

Jacqueline are unfounded. She was never maltreated in whatever
means. She enjoyed freely the moneys and property entrusted to her
by me and my mother throughout our marriage life. She was never
deprived of money, not even our children who were even cared of by
my mother.

Private Complainant robbed the

supplies and appliances store
owned by my mother sans any
authority from the Honorable
Court.

9. On March 27, 2018 at around 7:05 in the evening,

Jacqueline called my mother Narcisa informing the latter that she

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would get the remaining supplies and appliances of the store. Please
see Police Blotter marked and attached as Exhibit “F”.

10. True enough, Jacqueline was able to bring with her items
which either my mother owned or were proceeds of our business, to
wit:

Refrigerator – worth Php 17,000.00;

Blender – worth Php 4,000.00;
Pastic chairs and wooden table– worth Php 8,000.00; and
Stocks/grocery items – worth Php 10,000.00.

11. If the foregoing are all accounted for, my support is more

than enough for my children not to mention the sufferings I and my
mother endured from Jacqueline’s baseless suit. Jacqueline cannot
take the law in her own hands simply because she was filing a case
against me. This is precisely the reason why parties to the RA 9262
are required to stay away from the premises of each other’s dwelling
to preserve the status quo.

12. In all, I attest that I never deprive my children of support

since the day they were born to present. If these remained insufficient
in the eyes of complainant, then there will be no amount of support
that would suffice.

The acts complained of require

intent on the part of the offender
to constitute violence against
women and children under Section
3 of Republic Act 9262.

13. Section 3 of R.A. No. 9262 defines ''[v]iolence against women

and their children'' as “any act or a series of acts committed by any person
against a woman who is his wife, former wife, or against a woman with
whom the person has or had a sexual or dating relationship, or with whom
he has a common child, or against her child whether legitimate or
illegitimate, within or without the family abode, which result in or is likely
to result in physical, sexual, psychological harm or suffering, or economic
abuse including threats of such acts, battery, assault, coercion, harassment
or arbitrary deprivation of liberty.”

14. Moreover, psychological and economic abuse within the

purview of “violence” requires proof of intent. Again, quarrels
between married couples do not lead to psychological abuse simply
because the woman felt like it. Economic abuse, on the other hand,

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requires willful refusal on the part of the offender to give support.
Mere insufficient support, therefore, is not a criminal act.

13. I am executing this Affidavit to attest to the truth of the

foregoing facts, and for the Honorable Court to DISMISS Criminal
Cases No. 10337 and 10338.

AFFIANT SAYETH FURTHER NAUGHT.

IN WITNESS WHEREOF, I have hereunto signed this 11th day

of March 2019, at Prosperidad, Agusan del Sur.

JEM LOPIO DANILA

Affiant

SUBSCRIBED AND SWORN to before me this 11th day of

March 2019 at Prosperidad, Agusan del Sur, and after being satisfied
that he understood and voluntarily executed this affidavit.

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