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Copy Furnished:

Ken T. Ortega
Vel-Amor Subdivision, Legazpi City, Albay
Republic of the Philippines)
City of Legazpi)S.S.
x--------------------------------x

COUNTER-AFFIDAVIT

  I, BARBARA M. ORTEGA, of legal age, married, Filipino citizen,


and a resident of Sagpon, Daraga Albay, after having been duly sworn in
accordance with law hereby depose and state that:
    
[1.] I am the respondent in Criminal Case No. 12345, for the crime of
Bigamy under Article 349 of the Revised Penal Code.

[2.] I had been married with Ken T. Ortega since December 15, 2008.
Our marriage started to be as sweet and exciting as that of the lovers in a
Teleserye; that feeling was something I had been longing for. As a girl, a
woman, who grew up without a father’s love and attention, I found sanctity
and comfort in Ken’s arms.

[3.] Problems did found its way in our relationship. It was about in the
third (3rd) month of our marriage when Ken was not able to find a
permanent job. Ken, being a highschool graduate, his qualifications would
not suffice to meet the standards of any permanent position. Thus, we only
relied on his sideline of being a “kargador or karpintero”. I would say that
his job could only sustain for the both of us. If only he allowed me to help
him make a living that time, then it would be better. I, who was an
economics graduate would at least have a greater chance for a permanent
empoyment. As his wife, I supported him all the way, and yes, that was a test
we were able to hurdle at first.

[4.] As months pass by, about seven (7) months, our marriage was
beginning to be tainted with pain and suffering. Our story went out of the
script; it was not what I expected. It was becoming more and more real.
Ken’s depression for not being able to provide our needs had lead him to
become a drunkard.We had been into fights; he would throw things at me.
Shouts and curses echoes in our house; it deafens me, it was piercing
through me. Those moments has caused me mental anguish and sleepless
nights. I was only begging for love, a love I knew I deserve and it was not
this; I know.

[6.] The next days, I thought of living, but such idea was for a good
cause; it was for Ken and our children in the future. Despite Ken’s
disapproval, I went to manila to look for a job and it did paid of. I was able
to get a permanent job and I was able to send ken money atleast twice a
month.

[7.] In 2009, a year from our marriage, my friend in Bicol called me with
a shocking news. My husband was now cohabiting with a woman named
Lily Aldrige. I was in great pain for the second time. Being alone in Manila,
without no one to comfort me or to talk to, I was at the verge of giving up. It
saddened me. However, I sticked to the purpose why I was there; it was for
for our fuure.

[8.] Time flew and I was beginning to accept the fact of my husband’s
infidelity. I worked hard and earned a great reward for it. That time also I
met a man named Sam dela Cruz. He was so kind, so we became friends.
This friendship however, turned into love; a love I knew was not supposed to
happen. But the thought of him always lingered in my mind. A part of me
woke up, and that was “loving” which I had forgotten from years now. We
decided to get married.

[9.] Prior to getting married, I went to Legazpi to see Ken. I know for a
fact that he was a different man now and it did not surprise me anymore. I
did not tell him of my relationship with Sam for I know that he would not
care anymore as he was with Lily.

[10.] Sam and I decided to get married on May 10, 2010 in Naga City,
Camarines Sur.

[11.] When I was four (4) months pregnant I came to see Ken again,
which was in July 2014. This time I wanted to tell him the truth. I waited for
him at the restaurant. When he arrived he looked so depressed. We started to
talk but I was not able to tell him what I was supposed to tell due to his state
of mind that time. Later, he cried and begged for me to stay. I was so
confused and tears fell-off my eyes. I know I still cared for him and that
feeling led us to sexual intercourse.

[12.] I delivered the baby in January 2015.

[13]. On January 25, 2016, I received an order from the court accusing
me of the crime of Bigamy. Thus, I deny the allegations that the second
marriage contracted with Sam dela Cruz is valid and subsisting, the truth
being that:

   [13a] The marriage was solemnized without a marriage


license.

[13b] At the time Sam and I secured for the issuance of the
marriage license, which was according to the civil registrar was to be
issued within 10 days before the marriage, was actually issued after
the celebration of our marriage or May 11, 2010.

    [13b]. Considering that a marriage license is a formal requisite


for the validity of marriage, the late issuance of such affects the validity
of the marriage. (People v. De Lara 51 O.G. 4079)

   [13c.]By virtue of the technicalities the said second


marriage is thereby null and void.

[13d.] Being null and void, there is no second (2nd) marriage to


speak of, thus, no crime of Bigamy commited.

[14.] I who was pained from the beginning, the one who sacrificed to
provide for my family, the one who gave way and was cheated on by my
own husband, has accepted the awful truth of his infidelity. I had been
through a lot. I struggled in a far away place, away from Ken who should
have atleast supported me before, but now I ended up to be the one who is
the most guilty in his eyes. I deserve what is just considering I showed him
the same before.

I am executing this Counter-Affidavit for the purpose of attesting to


the truth of the foregoing statements, to inform the proper authorities of the
above facts, to support my prayer for the dropping or dismissal of the instant
case against me and for whatever purpose this may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of


January, 2016 at Legazpi City, Albay.

BARBARA M. ORTEGA
  Accused
    

ATTESTATION

SUBSCRIBED AND SWORN to before me this 20th day of January 2016


at Legazpi City, Albay. I HEREBY CERTIFY that I have personally
examined the herein offended party and I am satisfied that they voluntarily
executed and understood their given affidavit.
   
 
ATTY. JAYCO R. DY
NOTARY PUBLIC
VALID UNTIL JANUARY 31,2016
COMMISSION No.NP-2014-02
RIZAL ST. OLD ALBAY, LEGAZPI CITY
PTR NO. 00564532/ALBAY/01-07-15
IBP NO. 643842/ALBAY/01-07-15
ROLL NO. 87425

Doc No. 380;


Page No. 72;
Book No.VI;
Series of 2016

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