Republic of the Philippines…)

Province of Negros Oriental..) S.S.

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COUNTER-AFFIDAVIT

Respondent respectfully states:

1. I am Jose Arlie Pastor Gutang, the respondent, of legal age, and a resident
of ________________. After having sworn in accordance with law, do
hereby depose and say that;

2. Currently a member of the Sangguniang Bayan of the Municipality of

Bindoy, Negros Oriental;

3. On June 9, 2013, I submitted a Report of Contribution (Annex E) showing

the total amount of SEVENTY THREE THOUSAND PESOS (P73,000)
used in the 2013 election;

4. An excess of THREE THOUSAND SIXTY SEVEN PESOS or FIVE

AND SEVEN/FIVE HUNDREDTHS PERCENT (5.75%) to the allowable
expense of SIXTY NINE THOUSAND THIRTY THREE PESOS (69,
033.00);

5. The excess and an additional amount thereof was used for payment for the
legal services of an attorney as reflected in a contract ( Annex___) and
undoubtedly ,such expenditure for legal services clearly fall within par. i
of Section 102 of the Omnibus Election Code, thus, it should not be
accounted in computing for the total expenditure of a party.

6. To wit the provision sets:

“Section 102. Lawful expenditures.- to carry out the objectives of the

preceding sections, no candidate or treasurer of a political party shall,
directly or indirectly, make any expenditure except for the following
purposes:

i. For employment of counsel, the cost of which shall not

be taken into account in determining the amount of
expenses which a candidate or political party may have
incurred under section 100 and 101 hereof;”
7. The filing of the summary report of expenditures for the May 13, 2013
election was a result of a mere oversight as this was done in haste but
without any purpose of evasion;

8. I am executing this counter affidavit to attest the truth and the veracity of
the foregoing facts and circumstances.

IN WITNESS WHEREOF, I have hereunto affixed my signature this___

day of September, at _____________, Philippines.

JOSE ARLIE P.GUTANG

Affiant

SUBSCRIBED AND SWORN, to before me this ____ day of _____,

at __________________, Philippines.

CERTIFICATION

I HEREBY CERTIFY that I have personally examine the affiant on

his foregoing counter-affidavit and I am fully convinced that he has
personally executed and understood the same to the best of his knowledge
and beliefs.