COUNTER- AFFIDAVIT

REPUBLIC OF THE PHILIPPINES

CITY OF MAKATI

)
)

S.S.

I, NEIL JOCSON TOPACIO a.k.a. KUYA JUN JUN , of legal age, Filipino, marrie
d to Olyn Seym Topacio and a resident of No. 12 Bautista St., Barangay Palanan,
Makati City, after having been duly sworn in accordance with the law hereby depo
ses and states that:
1.
I was charged by JOLINA CATIHAN BANA of the crime of RAPE under Article
335 of the Revised Penal Code of the Philippines;
2.
I vehemently denies all the allegations that she have stated on her comp
laint- affidavit;
3.
The accusations of BANA were very impossible to take place due to the fa
ct that I was on Hong Kong, China from May 1 1998 to May 7, 1998 together with m
y wife and my only child for a vacation. A copy of my passport with the stamp of
entry in Hong Kong is hereby attached as ANNEX 1 ;
4.
The facts on the complaint affidavit that they have made against me were
merely fabricated stories because they wanted to have a revenge against me for
I did not lend them money when the father of the complainant, DECSON CAKISIGAN B
ANA, was brought to the hospital;
5.
Due to lack of money, DECSON CAKISIGAN BANA, was not operated by the doc
tor which resulted to his death;
6.
The mother of the complainant, CHONA BANA, was blaming me to be the cau
se of her husband s death;
7.
Due to her anger to me, she wanted to make my life and my family s life mi
serable;
8.
Sometimes on April 10, 1998, at around Seven in the evening, CHONA BANA
together with his eldest son, ELMER BANA, threw large stones to our house and t
his act of Elmer and Chona was witnessed by our neighbor, CORAZON OROSA;
9.
Sometimes on April 12, 1998, a shoe box that was wrapped in newspapers w
as left in the front of our gate. Upon seeing it, I immediately open it and saw
a dead cat inside with a note that Kayo na ang susunod sa pusang ito! Mga walang
awang tao! Without the knowledge of Chona Bana, one of our neighbors, CALIXTO UMB
RE, saw her putting the said shoebox on the front of our gate;
10. On April 13, 1998, I personally went to the barangay to file a
complaint before the Lupon Tagapamayapa for grave threat against Chona and Elm
er Bana. A copy of the complaint is herein attached as ANNEX 2 ;
11. On April 15, 1998, the Lupon Tagapamayapa ordered that if
Chona and Elmer Bana will do again acts that will put my life and my family s li
fe in jeopardy, the barangay tanod will not hesitate to capture and detain them.
A copy of this order is herein attached as ANNEX 3 ;
12. After the promulgation of the said order, Elmer Bana
continued in ruining our peaceful living.
13. And on May 1, 1998, Elmer Bana together with his friends,
fired a gun on our house, and this act of Elmer was witnessed
again by Calixto Umbre;

14. Due to this, on, May 2, 1998, we were forced to transfer in my

mother s house at #35 Gerardo street, Bollyland Subdivision,
Carmona Cavite to
secure the safety of my family;
15. After 13 years, we planned to go back in our house in Makati
City because we sold the land of my mother to a third person;
16. Upon knowing our return, CHONA BANA forced her daughter,
JOLINA BANA to file this complaint against me because they
really wanted my family to suffer and be miserable.
AFFIANT FURTHER SAYETH NAUGHT.
IN WITNESS WHEREOF, I have hereunto set my hands this 25th day of June 2012, in
Makati City.

NEIL JOCSON TOPACIO

Affiant
SUBSCRIBED AND SWORN to before me this, this 25th day of June 2012, in the city
of Makati, affiant exhibiting to me his Passport with Identification Number AB03
020307 issued at Pasay City on January 24, 2009

ATTY. GREGORIA CALUPITAN- DE VERA

Notary Public
Until December 31, 2011
PTR No. 823456
Issued on January 5, 2011
at Makati City
Roll of Attys. No. 23987
IBP Receipt No. 2345,
Issued on January 6 2011
at Makati City

Doc. No. 112

Page No. 11
Book No. 44
Series of 2011