COUNTER-AFFIDAVIT

I, AAA, of legal age, Filipino, residing at Pasig City after having been
duly sworn depose and say:

1. That I am residing at the above given address and the said premises
are owned by my deceased grandfather CCC. That definitely this is
not the residence nor is it a place being occupied by others except by
myself;

2. That XXX filed the instant complaint for Concubinage against me and
BBB.;

3. That I vehemently deny the allegations and maintain that there is no

sufficient allegation to warrant a finding of probable cause based on
such flimsy, baseless inculpatory facts;

4. Under Article 334 of the Revised Penal Code, Concubinage is defined

and is committed as follows:

“334. Concubinage. — Any husband who shall keep a

mistress in the conjugal dwelling, or shall have sexual
intercourse, under scandalous circumstances, with a woman
who is not his wife, or shall cohabit with her in any other place,
shall be punished by prision correccional in its minimum and
medium periods”

Therefore, there are three instances where a husband could be

charged of Concubinage:

a. Keeping a mistress in the conjugal dwelling;

b. Having sexual intercourse, under scandalous circumstances,
with a woman not his wife;
c. Cohabiting with her in any other place.

5. That the first circumstance is keeping a mistress in the conjugal

dwelling is not present because the place alluded by the Complainant
at Pasig City is the house of my deceased grandfather CCC and not a
conjugal dwelling. The Complainant failed to show evidence of the
place being a conjugal dwelling.

As to the second circumstance, there is no allegation or sufficient

evidence to establish or show sexual intercourse under scandalous

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 circumstances. The inculpatory facts are mere self-serving allegations
of the Complainant. As a matter of fact, no allegation or evidence was
provided; nor were testimonies of any witness living in the vicinity of
Pasig City given who can substantiate that I and BBB were actually
living together and have been known as husband and wife. The
allegation is based only on the self-serving claims that I and BBB are
living together with one child. It is of common knowledge that a
woman may bear a child under the concept of the so-called “one
night stand” which is not a scandalous circumstance as defined by
the Revised Penal Code.

As to the third circumstance, cohabiting in any other place, regret to

say the Complaint-Affidavit asserted no other place. The allegation of
Complainant is very clear, specifically, no other place except for Pasig
City. As previously asserted, the said address is owned by my
deceased grandfather and it is not a conjugal dwelling nor is it being
occupied by any other persons except by myself;

6. The Complainant would like to impress the investigating body by

citing herein Respondent as beneficiary in the overseas remittances of
BBB. Such assertion is not per se evidence constitutive of
Concubinage, for the reason that a person may be named as
beneficiary but is not necessarily someone’s paramour as defined by
Art. 334 of the Revised Penal Code;

7. The Complainant would like to make it appear that I and BBB are
common-law husband and wife through pictures appearing on
Facebook, but such are deaf-mute pictures. It is not uncommon that
present technology allows manipulation of photographs through the
use of Photoshop or similar computer programs. Moreover, the
picture is self-explanatory; what it depicts is a social gathering and
not an intimate picture showing cohabitation between BBB and
myself. Such picture does not in any way prove any circumstance of
Concubinage as defined by Art 334 of the Revised Penal Code. The
Facebook post again indubitably shows a gathering of people
involving not only me and BBB.

8. The Complainant allege of her being married to BBB by stating the

marriage in the year 2002 in Valenzuela City. Regret to say,
thereafter, at any time. I was not able to confirm with veracity the
accuracy of such marriage. That I strongly deny of having knowledge
of their marital status.

9. The filing of the instant case is resorted to by the Complainant to

strong-arm and to compel BBB to give excessive demand for support,

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 as evidenced by Complainant’s failed effort to revive Criminal Case
XXXXXXX filed in Valenzuela City. Copy of the Resolution
dismissing the Complaint is attached hereto as Annex “A”.

10.That Complainant is a litigation seeking person. As a matter of fact,

she filed a Petition for Nullity of Marriage docketed as Civil Case No.
xxxxxx before the Regional Trial Court, Pasay City. That in the said
Petition for Nullity of Marriage, Formal Entry of Appearance was
filed by Atty. TTT; copy of which is attached hereto as Annex “B”.
The present, baseless Complaint is construed definitely to annoy and
vex the Respondent as retaliation. This is clearly contrary to the well-
established legal doctrine that “He who comes to court must come with
clean hands.”

11.That in 2017, at the instance of the Complainant, she wanted for

increment in the amount of support demanded. Unfortunately, there
was a Compromise Agreement which was the basis why such
demand was denied. Now, the Complainant is resorting to this
Concubinage charge hoping she may obtain such inappropriate and
improper demand for money. Herein respondent fervently ask the
Office of the City Prosecutor-Pasig City, for want of sufficient
evidence to warrant a finding of probable cause, the case be
dismissed.

12.Furthermore, the presentation of Certificate of Live Birth of my minor

child was obtained illegally. Hence, the same should not be
considered nor admitted by the Office of City Prosecutor and must be
suppressed and denied admission. There is no showing that the said
Certificate of Live Birth was obtained with knowledge and consent of
herein Respondent. Thus, a violation under RA 7610 is contemplated
as the identity of the minor child was unnecessarily violated by the
Complainant, putting shame and scandal against the child.

Affiant further sayeth naught.

AAA
Affiant

JURAT AND CERTIFICATION

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 SUBSCRIBED AND SWORN TO BEFORE ME this 27th day of
February at Pasig City and this is to certify that I personally examined the
affiant and that I am satisfied that she voluntarily understood and executed
the contents of her Counter-Affidavit.

______________________________________
Assistant City Prosecutor

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