Republic of the Philippines

National Capital Region

OFFICE OF THE CITY PROSECUTOR
Bulwagan ng Katarungan
Bacoor City, Cavite

MYLENE ABELLA, in behalf of

her minor daughter MIRALYN
ABELLA
Complainant, NPS NO. 156263
-versus- FOR: Violation of Article
266-A (RAPE) of R.A. 8353
JETTMAR VARGAS
Respondent.

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COUNTER-AFFIDAVIT

I, JETTMAR VARGAS, Filipino, single, of legal age, with permanent

residence at #7 Guzman Street, Lumang Village, Bacoor City, Cavite, after
having been sworn to in accordance with law, hereby depose and state that:

1. I am the respondent in the complaint for Rape docketed as NPS No.

156263 filed before this Honorable Office;

2. I know the complainant as she is my girlfriend;

3. I hereby deny the complainant’s imputation of rape that I committed

against her daughter, as this is a complete fabrication intended to
besmirch my name and my reputation as a sought after Zumba
instructor;

4. I am executing this affidavit to refute all these baseless accusations,

the truth of the matter being:

a. On January 25, 2019, the complainant asked me to get her

daughter, Marilyn, from school;

b. Since that was not the first time she asked for that favor and that
I was not busy that day, I said yes;
c. I then went to Bacoor Central School at 3:00 in the afternoon
where I saw Marilyn waiting for me. I immediately brought
Marilyn to their house and arrived at around 3:20 in the
afternoon;

d. Marilyn told me that she is already hungry as she was not able to
eat much during lunch which is why I decided to prepare some
food she can eat;

e. While I was cooking pansit canton and eggs for her, Marilyn
went to her room. Roughly ten minutes after, I heard her moan
and scream;

f. Worried and scared, I rushed to her room to check on her. There,

I found her on her bed in a position like that of a dog, with a big
round candle inserted in her anus and the complainant’s dildo in
her vagina;

g. Marilyn was crying in pain and was bleeding so I went to her so

I could help her remove the candle in her anus and the dildo in
her vagina;

h. While helping Marilyn, the complainant entered the room and

she immediately attacked me without even checking first what
was really happening;

i. The complainant started screaming hysterically that it caught the

attention of the Brgy. Captain, Christian Banzuela;

j. Because Christian is a muscular guy whose built is that of a body

builder and I was scared that he might be carrying a gun, and
both him and the complainant are not listening to me when I was
trying to narrate to them what was really happening when the
complainant arrived, I decided to run because they might kill me
on the spot for something that I did not do;

k. Later that day, some barangay officials and two police officers
came to my place to ask if I could go with them to the barangay
hall as there was a complaint filed against me;

l. As I figured that the complainant might have already gone to the

authorities, I tried to contact her while on our way to the barangay
hall in order for me to be able to clear things with her as to what
 was really happening that time he saw me with her daughter
Marilyn;

m. In the barangay hall, I saw the complainant along with a two

police officers;

n. I was dumbfounded and at that time I could only follow the

police officers who said they have to bring me to the police
station;

o. Even when I was already at the police station where I was

immediately booked and detained, I could not gather coherent
thoughts as everything happened so quickly;

p. It was only when I was able to get in touch with my brother that
I was able to calm myself down;

5. I have never made any sexual advances to Marilyn, the daughter of

the complainant, on January 25, 2019, or even on any days before
or after that;

6. I specifically deny all the allegations of the complainant because as

what I have stated, I was only helping Marilyn remove the candle in
her anus and the dildo in her vagina when the complainant entered
the room;

7. That since the view of the complainant from the door of the room is
only of my back, she was not able to see fully what was really
happening. She immediately jumped to an assumption and without
thinking it through, she screamed and she started attacking me;

8. I have always considered Marilyn as my own daughter since the start

of my relationship with her mother, herein the complainant;

9. I love the complainant so much that even if I have things to do, I

always say yes to anything she wants me to do;

10.It is therefore saddening and perplexing that she jumped into this
conclusion without knowing what was really happening first;

11. 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, and to support my prayer for the
dismissal of this complaint.
 IN WITNESS WHEREOF, I have hereunto set my hand this 15th
day of February, 2019 in Bacoor City, Cavite.

JETTMAR VARGAS
Affiant

SUBSCRIBED AND SWORN TO before me, the undersigned

prosecutor, this 15th day of February, 2019 in Bacoor City, Cavite.

The undersigned Prosecutor certifies that she examined the

affiant and that she is satisfied that he voluntarily executed and
understood his counter-affidavit.

ALITHEA C. ARITAO
ASSISTANT CITY PROSECUTOR
Bacoor City, Cavite