REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
CITY OF BATAC

PEOPLE OF THE PHILIPPINES,

Complainant,

- versus - NPS No.: I-17-INV-15A-00005

FOR: RAPE WITH HOMICIDE
(Art. 266-B of the Revised Penal
Code, as amended by R.A. 8353)

JOEL YATAR y CAINAM,

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

COUNTER-AFFIDAVIT

I, JOEL YATAR y CAINAM, of legal age, Filipino, married, and with

residence at Brgy. Acosta, City of Batac, Philippines, where I may be
served with summons and other processes, after being sworn to in
accordance with law, hereby depose and state that:

1. I was charged by ISABEL DAWANG y ANCHETA of the crime

of RAPE WITH HOMICIDE under Article 266-B, paragraph
5 of the Revised Penal Code of the Philippines;

2. I vehemently deny the allegations that she have stated in her

complaint-affidavit;

3. The accusations of ISABEL DAWANG y ANCHETA were very

impossible to take place due to the fact that Kathyln Uba was
not inside the house of the former when I was seen there. In
fact, none of the witnesses presented by Isabel testified to her
presence at the time they saw me in Isabels house;

4. I was present at ISABEL DAWANG y ANCHETAs house

merely because I decided to get lumber to bring to my
mothers house;
5. While there, I noticed that the back door was unlocked and
slightly opened so I entered the house and checked who
is/are inside, but only to find out that nobody was around;

6. Thus, I got startled and felt suspicious that somebody might

have robbed the house, thus I ran to the back of the house to
see if anyone was there;

7. Thereafter, while feeling worried, Anita Wania and fifteen (15)

year old Beverly Deneng stopped by the house of Isabel to
have a drink of water and then they left;

8. When I regained my composure, I continued to stack the

lumbers at the back of the house of ISABEL DAWANG y
ANCHETA. I finished piling up the lumbers at about 12:20
P.M.;

9. Before going home, I again went inside the house of ISABEL

DAWANG y ANCHETA to double-check the same. While I was
on the second floor of the house, I heard a loud stamp coming
from the back of the house. Thus, I hurriedly ran towards the
back but found no one. I panicked but tried to calm myself,
and thereafter I went home;

10. I deny the allegation that I called the attention of Judilyn Pas-
a and asked her the whereabouts of her husband, since at
1:30 P.M. I was already taking my afternoon nap in my
mothers house, JUANA YATAR y CAINAM, as I felt very tired
stacking the lumbers earlier that day. A copy of the Sworn
Statement of JUANA YATAR y CAINAM is hereto attached as
Annex A and made an integral part hereof;

11. The facts on the complaint-affidavit that ISABEL DAWANG y

ANCHETA made against me were merely fabricated stories
because she has ill feeling towards me for separating with her
daughter, LUZ YATAR y DAWANG;

12. Due to our separation, Luz moved out from Isabels house and
went away. The act of Luz moving out of her house caused
conflict between her and ISABEL DAWANG y ANCHETA;

13. Due to such circumstance, ISABEL DAWANG y ANCHETA

wanted to make my life miserable;
 14. But despite the cold treatment of ISABEL DAWANG y
ANCHETA towards me, I still pay her a visit as much as I can
as she has become my second mother when Luz and I were
still living in her house;

15. Furthermore, I have a good relationship with KATHYLYN

UBA, as I treated her as my daughter. In fact, she has become
our letter-bearer every time Luz writes me letters. A copy of
the Sworn Statement of MARTHA CRUZ is hereto attached as
Annex B and made an integral part hereof to prove my good
relationship with the victim;

16. Accordingly, I execute this counter-affidavit for the purpose of

attesting the truth of the foregoing statements and pray to the
honorable Prosecution to DISMISS the charges against me for
insufficiency of evidence and lack of merit.

IN WITNESS WHEREOF, I have hereunto set my hand this 4 th day

of July 2016, in the City of Batac, Ilocos Norte, Philippines.

JOEL YATAR y CAINAM

Affiant

SUBSCRIBED AND SWORN to before me this 4 th day of July 2016

at Batac City, Ilocos Norte, Philippines and I FURTHER CERTIFY that I
have personally examined the affiant and I am satisfied that he has read
and personally understood the contents of his foregoing Counter-
Affidavit.

CLAUDETTE ABIGAIL DE LARA

Counsel for the Respondent
ROLL NO. 24680/05-07-2002
IBP No. 0990123/1-07-15 Batac City, IN
PTR No. 2468123/ 1-06-15 Batac City, IN
MCLE Compliance No. V-0003456
3-26-15, Manila