Republic of the Philippines }

Davao City }s.s.

x-------------------------------/

COUNTER-AFFIDAVIT

I, x-x-x-x-x, of legal age, Filipino, and a resident of Purok Durian Tagakpan,

Tugbok District Davao City, Philippines, after having been sworn to according to
law, hereby depose and say that:

1. I am the accused in the case filed by x-x-x-x-x-x for Unjust Vexation and
Grave Threats, docketed as Criminal Case Number x-x-x-x-x-x-CR and
Mx-x-x-x-x-x-x-CR, respectively, pending before this Honorable Court,
Municipal Trial Court in Cities – Branch X. The statements stated
hereunder will explain why this case should not prosper.

a. The truth of the matter is that it was the private-complainant that

initiated the argument and quarrel as he mocked me;

b. On November 19, 2018, around 9:00 AM while I am giving

instruction to one of my employee, x-x-x-x-x-x, herein private
complainant out of nowhere stated in a loud voice, “Hilas man ka
las”, “Mura kag kinsa” and “Wako nahadlok sa imuha”;

c. Considering that I know he has a grudge against us, as my wife

lodged a complaint against him because of bad odor emitted by his
poultry, I approached him and asked what have I done in order for
him to talked like that;

d. Thereafter, when he is about to leave I told him that he has already

cause a lot of trouble in our place and the health of my family is
already at stake because of the odor emitted by his poultry and CR;

e. Additionally, I told him that if I would be fed up, I would call the
SSS and will file a complaint thereat;

f. As he could not answer my query, I just leave him and went out to
work;

g. Few days after the incident he asked for a conference before the
barangay for a boundary dispute, which were not settled as he want
this to be filed in court;

h. All this incident was witnessed by my worker x-x-x-x-x-, who

executed an affidavit to this effect and herein marked as Annex “1”;
 2. Finally, this case should not prosper as it did not pass through the Barangay
for conciliation;

a. Careful perusal of the Certificate to File Action issued by the

Lupong Tagapamayapa of Barangay Tagakpan Tugbok District, the
case was brought for boundary dispute and not for grave threat and
unjust vexation;

b. Administrative Circular No. 14-93 of the Supreme Court of the

Philippines provides that all criminal cases whose offenses
prescribes a maximum penalty of imprisonment not exceeding one
(1) year or a fine of not over five thousand pesos should pass through
the barangay conciliation1;

c. And Rules on Summary procedures expressly states that all criminal

cases whose penalty prescribed by law does not exceed six months,
should be govern by Rules on Summary Procedures;

d. Whereas, the above-mentioned rules states to wit:

Sec. 18. Referral to Lupon. – Cases requiring referral to the

Lupon for conciliation under the provisions of PD 1508
where there is no showing of compliance with such
requirement, shall be dismissed without prejudice and may
be revived only after such requirement shall have been
complied with. This provision shall not apply to criminal
cases where the accused was arrested without warrant.

e. As expressly stated by the above rule, non-compliance of proper

conciliation with the Lupon Tagapamayapa would warrant the
dismissal of this case;

3. I am executing this affidavit to attest to the truthfulness of the foregoing

statements in order to apprise the duly constituted authorities concerned of
the foregoing facts and to dismiss the complaint against me for lack of
merit and probable cause, and for failure to undergo proper conciliation
proceedings before the barangay;

4. I executed this affidavit freely and voluntarily.

1
I. All disputes are subject to Barangay conciliation pursuant to the Revised Katarungang Pambarangay Law [formerly P.D. 1508, repealed and
now replaced by Secs. 399-422, Chapter VII, Title I, Book III, and Sec. 515, Title I, Book IV, RA 7160, otherwise known as the Local
Government Code of 1991], and prior recourse thereto is a pre-condition before filing a complaint in court or any government offices, except in
the following disputes:
x-x-x-x-x-x

[6] Offense for which the law prescribes a maximum penalty of imprisonment exceeding one [1] year or a fine of over five thousand pesos (P5
000.00);
 IN WITNESS WHEREOF, I hereunto signed my name this _______ at
Davao City, Philippines.

x-x-x—x-x-x-x
Affiant

SUBSCRIBED AND SWORN TO before me this ______________ at

Davao City, Philippines, and certify that I have personally examined the herein
affiant and convinced that he/she freely voluntarily executed his/her affidavit and
understood the same.