REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
MANILA CITY

COUNTER AFFIDAVIT

I, NICHOLAS S. HOLE,JR, of legal age, Philippine

Citizen, owner and executive producer of Spotitunes
Records Manila located at Building 456, Manila, after
having been sworn in accordance with law, do hereby
depose and state that:

1. I am the respondent in I.S. No. 8080-911 for

violation of Sec. 3(a)(1) of RA.7877 otherwise known
as “Anti-Sexual Harassment Act”filed by JHEMERLYN I.
LUMALABAN at the Manila City Prosecutor’s Office.

2. Undersigned is executing this affidavit to

vehemently deny all the accusations of JHEMERLYN I.
LUMALABAN in her complaint for being false, fabricated
and malicious.

3. The truth of the matter is that on April 2018,

James Rebond, a good friend of mine,asked me if I can
get her talent, the above named complainant, whom he
discovered long time ago in singing contests, and
employ her under my company as an artist.

4. As a good friend of Mr. Rebond, I accepted his

request so he immediately set a meeting for us so that
I could see his talent personally and I could see what
she has to offer in my recording company.

5. After hearing her voice, I was impressed of

her talent in singing. Negotiations were made and so I
gave the complainant the chance to work on my recording
company as an artist. A month after, she signed a
contract and immediately began with her debut album
which is set to release on November 2018.
 6. I deny her allegations that on June 20, 2018,
I called up his agent, Mr. Rebond, and said that I was
not happy with her work. It was in fact her who asked
Mr. Rebond to set a meeting for us since she has an
important matter to discuss with me.

7. I had prior appointment that day so I asked

her if she can just join us for lunch at the Manila
Hotel along with the other artists I handle. But she
refused and said that the matter she want to discuss
was very confidential and she didn’t want any other
people to know.

8. There is no truth in her allegations in

paragraphs 9 to 16. She declined my offer to take her
to Manila Hotel for lunch along with the other artists.
I went to Manila Hotel alone.

9. Attached in this affidavit is the picture we

took that day at the buffet in Manila Hotel. She was
not present in the photo. I likewise deny her
allegation that I had a room booked at Manila Hotel. I
did not have any room booked in that hotel.

10. I was extremely surprised when I received a

subpoena.

11. The case filed against me is motivated by bad

faith. Prior to this complaint, she wanted me to
increase her talent fee by 50% which I opposed to.
Rejected with her requests, she executed this baseless
complaint.

12. I am executing this counter affidavit to

attest to the truth of the foregoing statement and to
support for the dismissal of the case filed against me.

I, WITNESS WHEREOF, hereby affix my signature this 20th

day of January 2019 in the city of Manila, Philippines.

NICHOLAS S. HOLE,JR
Affiant