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DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
CEBU CITY
Mico P. Go,
Complainant,
x- - - - - - - - - - - - - - - - - -x
COUNTER AFFIDAVIT
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2. Before proceeding any further, the Respondent
hereby states that the instant complaint of the
Complainant Mico P. Go, is a perjurious,
malicious, felonious, baseless, unfounded and
unjust FABRICATION by the Complainant.
3. The Defendant categorically denies issuing a
worthless check. The account of Defendant was
closed due to the loss of trust in the bank
which continued to encash the checks despite
the fulfillment of the main contract with
Complainant.
4. The true facts of the case are enumerated and
discussed herein below.
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by both parties and the Secretary of
Complainant, Miss Rachel Co.
8. However, on October 23, 2018, Defendant found
out that the checks have continued to be
encashed and immediately ordered a stoppage
payment. Eventually, the Defendant, having lost
trust with the Bank, closed that account.
Attached herein as Annex C-1 the correspondence
with the Complainant regarding this matter, and
Annex C-2 with the bank.
9. Further, the supposed Registry Receipt only
reflects a signature of one Reya Madrial, who
Defendant admits was employed as a maid in
Defendant’s house. However, she left her post
after asking for leave during the Christmas
holidays, during the time the Written Notice
was supposedly sent by Complainant Mico P. Go.
But Reya Madrial no longer returned and
Defendant has lost all communications with her.
Thus, Defendant has to deny the claim of
Complainant of the sent Written Notice of
Dishonor. This fact only gives credence to the
absurdity of Complainant’s assertions.
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(1) the making, drawing and issuance of any
check to apply to account or for value; (2) the
maker, drawer or issuer knows that at the time
of issue he does not have sufficient funds in
or credit with the drawee bank for the payment
of such in full upon presentment; and (3) the
check is subsequently dishonored by the drawee
bank for insufficiency of funds or credit or
would have been dishonored for the same reason
had not the drawer, without any valid reason,
ordered the bank to stop payment. (People vs.
Laggui, 171 SCRA 305, 310 [1989])
11. Further, it is averred that the complaint
should not prosper because a written notice of
dishonor was not received by Defendant, which
only supports the contention of Defendant that
this complaint is merely baseless and
malicious.
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FURTHER, the respondent respectfully prays for such
and other reliefs as may be deemed just and equitable
in the premises.
Tony A. Gomez
Defendant
21-5 Junquera Street
Brgy. 23, Cebu City
Copy Furnished:
Mico P. Go
Complainant
18 Alcantary Street,
Cebu City
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