Crimpro Counter-Affidavit Kee

REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
Tagbilaran City,
Bohol, Philippines
Patrick Swayze,
Complainant,
I.S. Case No. 1234
-versus- For: Estafa by Abuse of Confidence
Under Art315 (1)(b) of RPC
Emma Reston, Greta Ramos,

Shayla Marquez and Wayne
Militante
Respondents.
x---------------------------------------/
JUDICIAL COUNTER-AFFIDAVIT
I. Preliminary Information
A. Name and Other Personal Circumstances of the Accused
Name: EMMA RESTON

Age: Thirty-two (32) years old
Office Address: Panglao, Bohol, Philippines
Occupation: Incorporator and Director of Hayahay Beach Resort
Corporation
Language: English and Filipino
Name: GRETA RAMOS

Age: Thirty (30) years old
Corporation
Page 1 of 21
Name: SHAYLA MARQUEZ

Age: Thirty-five (35) years old
Corporation
Name: WAYNE MILITANTE

Age: Thirty-four (34) years old
Corporation
B. Lawyer Who Conducted the Examination of the Accused
Atty. Adam B. Ke-e, Filipino, of legal age, single and with office
address at ABK Law Offices, Unit 1-B, Madison Plaza, F. Ramos Street,
Tagbilaran City, Bohol, Philippines.
Place of examination of the witness:

ABK Law Offices
Unit 1-B, Madison Plaza, F. Ramos Street, Tagbilaran City, Bohol,
Philippines
II. Offer
The joint testimony of the undersigned affiants-witnesses-

respondents, EMMA RESTON, GRETA RAMOS, SHAYLA MARQUEZ and
WAYNE MILITANTE is being offered to prove the following:
Page 2 of 21
1. To prove non-existence of probable cause against the respondents
for the filing of an information for violation of Art. 315(1)(b) of the
Revised Penal Code on Estafa with unfaithfulness or abuse of
confidence:
(b) By misappropriating or converting, to the prejudice of

another, money, goods or any other personal property received
by the offender in trust, or on commission, or for
administration, or under any other obligation involving the
duty to make delivery of, or to return the same, even though
such obligation be totally or partially guaranteed by a bond;or
by denying having received such money , goods or other
property
2. To prove that the respondents remitted the amount of the

revenue/profits and did not appropriate the amounts for themselves;
3. To identify and testify on relevant and material documents; and
4. To prove other relevant matters
PRELIMINARY STATEMENT
This Judicial Counter-Affidavit was taken by Atty. Adam B. Ke-e at his

office in Unit 1-B, Madison Plaza, F. Ramos Street, Tagbilaran City, Bohol,
Philippines, on March 31, 2020. We are answering the questions asked to
us by Atty. Ke-e conscious that we do so under oath, and that we may face
criminal liability for false testimony or perjury.
1. Q: Please state your respective names, ages, residences, and

occupations.
A: We are EMMA RESTON, GRETA RAMOS, SHAYLA MARQUEZ and WAYNE

MILITANTE. Our respective personal circumstances are stated in Part I
hereof, supra (See: “PRELIMINARY INFORMATION: NAME AND OTHER
PERSONAL CIRCUMSTANCES OF THE WITNESS”).
2. Q: Why are you here now?
Page 3 of 21
A: To give our joint sworn statement by way of a judicial affidavit, the same
to constitute as our joint direct testimony.
3. Q: For the record, please state the name and address of the Lawyer
who is now conducting or supervising your examination and the place
where the examination is being held now?
A: Our Legal Counsel, Atty. Adam B. Ke-e is conducting or supervising our

examination now at her law office, ABK Law Offices located at Unit 1-B,
Madison Plaza, F. Ramos Street, Tagbilaran City, Bohol, Philippines.
4. Q: In what language do you want your examination to be conducted?
A: In English, Atty.
5. Q: Do you undertake to answer the questions to be asked of you, fully

conscious that you will do so under oath and that you may face criminal
liability for false testimony or perjury?
A: Yes, Atty.
6. Q: Are you the same Emma Reston, Greta Ramos, Shayla Marquez and
Wayne Militante who are co-respondents in this case?
A: Yes, Atty.
7. Q: Do you know the entity Hayahay Beach Resort Corporation?
A: Yes, Atty.
8. Q: Do you know the complainant Patrick Swayze?
Page 4 of 21
A: Yes, Atty.
9. Q: Why do you know the complainant Patrick Swayze?
A: We know the complainant because he is the incumbent President of

Hayahay Beach Resort Corporation.
10. Q: Do you know why the complainant is now filing a criminal case for
violation of Art 315 (1) (b) or Estafa by Abuse of Confidence against you?
A: Mr. Swayze claims that we maliciously withheld the net revenue and
profits earned by the dive center in Hayahay Beach Resort for the period of
April 2018 up until present.
11. Q: What is your connection with Hayahay Beach Resort, if any?
A: We own 60% of the total issued and outstanding capital stock of

Hayahay Resort Corporation which own the Hayahay Beach Resort.
12. Q: Do you have proof of ownership over the shares, if any?
A: Yes, we have a copy of our Certificate of Stock showing our ownership of

a total of 60% capital stock of the Hayahay Beach Resort Corporation.
Counsel: Let copies of the defendants’ respective certificate of stock be

marked as ANNEX “1”, “1-1”, “1-2” and “1-3”.
13. Q: How did you know the Patrick Swayze?
A: We met Patrick Swayze sometime during the last quarter of 1999 in

Alona Beach Resort in Panglao because he was interested in making an
Page 5 of 21
investment in the development of Emma’s five thousand square meter
(5,000 sqm.) beach-front property into a resort.
14. Q: After meeting Patrick Swayze in 1999, what happened, if any?
A: After careful study of the area and discovering the property’s proximity
to some of the best dive sports in the Philippines, Mr. Swayze decided to
invest in the development of the beach-front property into a beach resort.
15. Q: Was there an agreement pertaining to such investment in the

development of the beach-front property, if any?
A: Yes, Atty.
16. Q: What are the contents of the agreement, if any?
A: The agreement was that Emma Tiu would contribute to Hayahay Beach
Resort Corporation the use of her beach-front property, which she will
lease to the corporation that we would eventually incorporate.
17. Q: Do you have any proof of this agreement, entitled as Undertaking?
A: Yes, Atty.
Counsel: Let Annex “B” of the Complaint-Affidavit, entitled as Undertaking

be marked as ANNEX “2”.
18. Q: What happened next, if any?
A: We, together with Mr. Swayze as agreed, incorporated the Hayahay

Beach Resort Corporation.
Page 6 of 21
19. Q: Do you have any proof of the fact that you are incorporators of
Hayahay Beach Resort Corporation?
A: Yes, we have a copy of the Articles of Incorporation of Hayahay Beach

Resort Corporation.
Counsel: Let Annex “C” of the Complaint-Affidavit, Articles of Incorporation,

be marked as our Annex “3”.
A: Patrick Swayze put up a separate business, which is a dive center, known

as Dive Center at the Hayahay Resort and bought all the necessary
equipment for diving and other water activities which may be leased by
Hayahay’s customers who were into diving and other water sports.
21. Q: After putting up the dive center, what happened next, if any?
A: We and Mr. Swayze entered into an Agency Agreement stipulating that

the revenues and profits from the dive center will belong exclusively to
him, which we all agreed to since he was the one who purchased all the
equipment and facilities of the dive center using his personal funds.
22. Q: Do you have proof of this agreement, if any?
A: Yes, Atty. We have a copy of the Agency agreement
Counsel: Let Annex “D” of the Complaint-Affidavit, Agency Agreement, be

marked as our Annex “4”.
23. Q: What happened to the agreement thereafter, if any?
Page 7 of 21
A: The agreement was of course carried out. When the dive center started
commercial operations around December 2000 up to March 2018, the
revenues/profits earned by the dive center have been religiously remitted
to Mr. Swayze.
A: Everything actually went smoothly. Dive Center seems attractive to

customers especially to tourists and is earning well. Hayahay Beach Resort
is also doing well in its business, meeting the target revenue month on
month. In fact, Hayahay Beach Resort Corporation is doing an expansion
project to accommodate its growing clientele.
A: We were just shocked when we found out that Mr. Swayze filed a case
for Estafa against us claiming that there are unremitted profits of at least
Six Million Pesos (Php 6,000, 000.00) for the period of April 2018 up until
present. He further claims that we misappropriated the same for ourselves.
26. Q: What did you do, if any, after knowing that a case for Estafa has been
filed against you?
A: We sent a Ietter to Patrick Swayze, asking for a meeting with him to

discuss his reasons for filing Estafa against us when we have been truthful
to our agreement.
27. Q: What was his reply, if any?
A: There was no reply at all. The request for a meeting was left unheeded.
28. Q: Do you have proof of sending this letter, if any?
Page 8 of 21
A: Yes. We have a copy of the letter, entitled as Request for a Meeting duly
received by Patrick Swayze.
Counsel: Let a copy of the letter, entitled as Request for a Meeting be

marked as ANNEX “5”.
29. Q: It was mentioned earlier that when Dive Center started commercial
operations around December 2000 up to March 2018, the revenues/profits
earned by the dive center have been religiously remitted to Mr. Swayze.
What happened to the profits of the dive center for the period of April
2018 up until present, if any?
A: Instead of remitting the monthly revenues for the period of April 2018
up until present directly to Mr. Swayze based on the Agency Agreement,
the aforesaid revenues were remitted to Hayahay Beach Resort
Corporation pursuant to a loan agreement executed on March 14, 2018.
30. Q: What are the contents of the loan agreement, if any?
A: It was indicated in the loan agreement that the monthly profits of the
dive center starting April 2018 to April 2020 will be remitted directly to
Hayahay Beach Corporation as a loan to help it with its expansion project.
31. Q: Did Patrick Swayze concur to such agreement?
A: Definitely yes, Atty. In fact, he signed the agreement.
32. Q: Do you have any proof of this agreement?
A: Yes, Atty. We have a copy of the Loan Agreement signed by us and Mr.
Swayze.
Page 9 of 21
Counsel: Let a copy of the agreement, entitled as Loan Agreement be
marked as ANNEX “6”.
33. Q: A copy of the Loan Agreement dated March 14, 2018 shows a
signature on its face specifically at the bottom right part, do you recognize
this signature?
A: Yes. That is the signature of Mr. Patrick Swayze, Atty.
34. Q: How do you know that it is the signature of Mr. Patrick Swayze?
A: We were present when the Loan Agreement was executed on March 14,
2020 and we saw him sign the same. We were there because we also
signed the loan agreement.
35. Q: The same copy of Loan Agreement reflects other four different
signatures on its face, respectively designated as directors of the Hayahay
Beach Corporation, do you recognize these signatures?
A: Yes. Those are our signatures, Atty.
36. Q: With regard to Dive Center’s profits earned for the period of April
2018 up until present, did Hayahay Beach Resort Corporation actually
receive such profits?
A: Yes, Atty. The profits for the period of April 2018 up until present, March
2020, which Mr. Swayze claims to be unremitted revenues were actually
received by Hayahay Beach Resort Corporation.
37. Q: Are there documents, if any to prove these remittances?
A: Yes, Atty. The Accounting Department in the Corporation is in

possession of all the acknowledgment receipts proving that the revenues
Page 10 of 21
and profits earned from the dive center for the period of April 2018 up until
March 2020 were received by the corporation. We have with us a copy of
these receipts from April 2018 to March 2020.
Counsel: Let a collated copy of these acknowledgement receipts from April

2018 to March 2020 be marked as ANNEX “7”.
38. Q: What are the contents of the acknowledgement receipts, if any?
A: The receipts contain an acknowledgement on the part of Patrick Swayze

that he received such amount on the date indicated in the
acknowledgement receipts. It shows Mr. Swayze’s signature above his
name and the date when he signed the same. The acknowledgement
receipts also contain the signature of Barbie Cue, accounting manager of
Hayahay Beach Resort Corporation and one given the authority by the
corporation to receive the remittances from the dive center pursuant to the
Loan Agreement. The receipts likewise contain the signature of Emma
Reston since one of the directors of the corporation also has to
acknowledge receipt of the remittances.
39. Q: A collated copy of the acknowledgement receipts from April 2018 to

March 2020 shows a signature on its face specifically at the bottom right
part, do you recognize this signature?
A: Yes. That is the signature of Mr. Patrick Swayze, Atty.
40. Q: How do you know that it is the signature of Mr. Patrick Swayze?
A: Emma was present when the acknowledgement receipts were signed by

Mr. Swayze. As said, one of the directors of the corporation also has to
acknowledge receipt of the remittances.
41. Q: A collated copy of the acknowledgement receipts from April 2018 to

March 2020 shows another signature on its face specifically at the bottom
left part, do you recognize this signature?
Page 11 of 21
A: Yes. That is the signature of Ms. Barbie Cue, Atty.
42. Q: How do you know that it is the signature of Ms. Barbie Cue?
A: Emma was present when the acknowledgement receipts were signed by

Ms. Barbie Cue.
43. Q: Why do you think Mr. Patrick Swayze would file a case for Estafa
against you when a loan agreement was executed?
A: Atty., we also have the same question at the back of our minds. We
really don’t know and understand what his motives are but maybe as a
form of retaliation because of minor misunderstandings. But that is too
shallow a reason. We really don’t know. We are confused. We reached out
to him but our request for a meeting until now was left unheeded. Not
even a phone call was made to let us know what is happening.
44. Q: Are you willing to affix your signatures here in order to prove that
you have voluntarily made this affidavit and also understood the contents
herein?
A: Absolutely yes, Atty.
45. Q: How do you feel about this Estafa case filed against you?
A: We are in a constant state of worry, stress and anxiety because of this
wrongful accusation. We feel like our reputation has been tarnished
because of this imputation. This is very humiliating.
46. Q: What is it that you seek from the Honorable Court?
A: We pray that the Honorable Court finds no probable cause for the filing
of the case of Estafa against us and dismisses the case; that we be awarded
Page 12 of 21
Fifty Thousand Pesos (Php 50,000.00) as attorney’s fees for being
compelled to litigate because of the unfounded case filed against us; that
we be awarded moral damages of Fifty Thousand Pesos (Php 50,000.00) for
suffering anxiety and sleepless nights because of the filing of this case; and
lastly, that we be awarded exemplary damages of Fifty Thousand Pesos
(Php 50,000.00) to set an example to the public to not file frivolous and
unfounded Estafa cases.
47. Q: Is there anything you want to add to your foregoing statements?
A – We reserve the right to issue supplemental judicial affidavit/s and to

submit supplemental documents in support of this judicial affidavit and all
future supplemental affidavit/s, if any, in the interest of truth and justice.
For the record, by way of ADOPTION CLAUSE and for convenience, we

hereby adopt into this joint judicial affidavit of ours, by incorporation and
reference, all the allegations and arguments contained in and all the
supporting documents attached to all the past judicial and legal pleadings,
comments/oppositions, motions and documents that we had previously
filed with the Court to prove the lack of merit of the instant case filed by
the complainant Patrick Swayze against the herein respondents.
AFFIRMATION
Q: Do you affirm the truth of the foregoing statement in answer to the

questions propounded upon you by the lawyer conducting the questions;
and that you have not been coached by the said lawyer on what to say or
declare thereto?
A: Yes, I hereby affirm the truth of all the statements that I stated above in
answer to the questions posed to me by the examining lawyer; and hereby
further declare that I have not been coached by him in making those
answers, the same being mine alone.
Page 13 of 21
IN WITNESS WHEREOF, I have hereunto affixed my signature this 30th day
of March 2020 at Tagbilaran City, Philippines.
Emma Reston Greta Ramos

Affiant/Respondent Affiant/Respondent
Passport No.12345678 Passport No. 87654321
Valid until: March 2023 Valid until: February 2022
Shayla Marquez Wayne Militante

Affiant/Respondent Affiant/Respondent
Passport No.34567890 Passport No. 09876543
Valid until: May 2023 Valid until: November 2020
SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public for the

City/Province of Bohol, this 30th day of March 2020 by Emma Reston, Greta
Ramos, Shayla Marquez and Wayne Militante who are the same persons
who personally signed before me the foregoing Judicial Counter- Affidavit
and acknowledged that they executed the same and exhibited to me their
respective identification cards as indicated above.
I hereby certify that I have personally examined the affiants and am

fully satisfied that they freely and voluntarily executed the foregoing
counter- affidavit and that they fully understood the contents thereof.
ATTY. SHANE LYNCH R. ALMONIA

Notary Public
Tagbilaran City, Bohol | 31 December 2019
Roll of Attorney No. 34567
IBP No. 12345/LIFETIME/Bohol
PTR No. 87654/20 January 2020/Bohol
MCLE Compliance No. VI-136113/19 January 2020
Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2020.
Page 14 of 21
ATTESTATION
Republic of the Philippines )

City of Tagbilaran )S.S
X——————————-/
I, ADAM B. KE-E, Filipino, of legal age, single, and with office address at ABK
LAW OFFICES, Unit 1-B, Madison Plaza, F. Ramos Street, Tagbilaran City,
Bohol, Philippines, after having been duly sworn in accordance with law,
hereby depose and attest that:
1. I am the lawyer who supervised the examination of EMMA

RESTON, GRETA RAMOS, SHAYLA MARQUEZ, and WAYNE
MILITANTE, the latter being the respondents in the case filed by
PATRICK SWAYZE for violation of Estafa with abuse of confidence
under Article 315 No. 1-B of the Revised Penal Code.
2. I faithfully caused to be recorded the questions propounded to

EMMA RESTON, GRETA RAMOS, SHAYLA MARQUEZ, and WAYNE
MILITANTE as well as the latter’s answers/responses to the
questions.
3. Neither I nor any other person influence, provide answers to, or,
otherwise dictate EMMA RESTON, GRETA RAMOS, SHAYLA
MARQUEZ, and WAYNE MILITANTE in the course of the
examination.
4. I execute this attestation in order to attest to the truth of the

foregoing statements.
I have hereunto set my hand this 30th day of March 2020 at

Tagbilaran City, Bohol, Philippines.
Page 15 of 21
ADAM B. KE-E
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME a Notary Public for

the City/Province of Bohol, this 30th day of March 2020 by Adam B. Ke-e
who is the same person who personally signed before me the foregoing
attestation and acknowledged that he executed the same and exhibited to
me his IBP identification card bearing no. 581203.

Notary Public
Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2020.
Copy furnished:
Aime B. Macochan
City Prosecutor
Office of the City Prosecutor
Tagbilaran Hall of Justice,
Centrio Compound Road,
Tagbilaran City, Bohol
Page 16 of 21
AFFIANT’ S OATH AND ATTESTATION

X——————————/
I, Emma Reston, Filipino, single, of legal capacity and competence to

comprehend without any vice of consent, hereby attest to have voluntarily
and truthfully made the answers to the foregoing questions.

EMMA RESTON
Affiant
Passport No.12345678
SUBSCRIBED AND SWORN TO BEFORE ME at the date and

place above-stated, the foregoing affiant personally appearing before me
and personally identified through the above-indicated competent evidence
of identity.

Notary Public
Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2020.
Page 17 of 21

X——————————/
I, Greta Ramos, Filipino, single, of legal capacity and competence to


GRETA RAMOS
Affiant
Passport No. 87654321

of identity.

Notary Public
Doc. No. ____;

Page No. ____;
Book No. ____;
Page 18 of 21
Series of 2020.

X——————————/
I, Shayla Marquez, Filipino, single, of legal capacity and competence to


SHAYLA MARQUEZ
Affiant

of identity.

Notary Public
Doc. No. ____;
Page 19 of 21
Page No. ____;
Book No. ____;
Series of 2020.

X——————————/
I, Wayne Militante, Filipino, single, of legal capacity and competence to


WAYNE MILITANTE
Affiant

of identity.

Notary Public
Page 20 of 21
Doc. No. ____;
Page No. ____;
Book No. ____;
Series of 2020.
Page 21 of 21

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REPUBLIC OF THE PHILIPPINES

Emma Reston, Greta Ramos,

A. Name and Other Personal Circumstances of the Accused

Name: EMMA RESTON

Name: GRETA RAMOS

Name: SHAYLA MARQUEZ

Name: WAYNE MILITANTE

B. Lawyer Who Conducted the Examination of the Accused

Place of examination of the witness:

The joint testimony of the undersigned affiants-witnesses-

(b) By misappropriating or converting, to the prejudice of

2. To prove that the respondents remitted the amount of the

3. To identify and testify on relevant and material documents; and

4. To prove other relevant matters

This Judicial Counter-Affidavit was taken by Atty. Adam B. Ke-e at his

1. Q: Please state your respective names, ages, residences, and

A: We are EMMA RESTON, GRETA RAMOS, SHAYLA MARQUEZ and WAYNE

2. Q: Why are you here now?

A: Our Legal Counsel, Atty. Adam B. Ke-e is conducting or supervising our

4. Q: In what language do you want your examination to be conducted?

5. Q: Do you undertake to answer the questions to be asked of you, fully

7. Q: Do you know the entity Hayahay Beach Resort Corporation?

8. Q: Do you know the complainant Patrick Swayze?

9. Q: Why do you know the complainant Patrick Swayze?

A: We know the complainant because he is the incumbent President of

11. Q: What is your connection with Hayahay Beach Resort, if any?

A: We own 60% of the total issued and outstanding capital stock of

12. Q: Do you have proof of ownership over the shares, if any?

A: Yes, we have a copy of our Certificate of Stock showing our ownership of

Counsel: Let copies of the defendants’ respective certificate of stock be

13. Q: How did you know the Patrick Swayze?

A: We met Patrick Swayze sometime during the last quarter of 1999 in

14. Q: After meeting Patrick Swayze in 1999, what happened, if any?

15. Q: Was there an agreement pertaining to such investment in the

16. Q: What are the contents of the agreement, if any?

17. Q: Do you have any proof of this agreement, entitled as Undertaking?

Counsel: Let Annex “B” of the Complaint-Affidavit, entitled as Undertaking

18. Q: What happened next, if any?

A: We, together with Mr. Swayze as agreed, incorporated the Hayahay

A: Yes, we have a copy of the Articles of Incorporation of Hayahay Beach

Counsel: Let Annex “C” of the Complaint-Affidavit, Articles of Incorporation,

20. Q: What happened next, if any?

A: Patrick Swayze put up a separate business, which is a dive center, known

A: We and Mr. Swayze entered into an Agency Agreement stipulating that

22. Q: Do you have proof of this agreement, if any?

A: Yes, Atty. We have a copy of the Agency agreement

Counsel: Let Annex “D” of the Complaint-Affidavit, Agency Agreement, be

23. Q: What happened to the agreement thereafter, if any?

24. Q: What happened next, if any?

A: Everything actually went smoothly. Dive Center seems attractive to

25. Q: What happened next, if any?

A: We sent a Ietter to Patrick Swayze, asking for a meeting with him to

27. Q: What was his reply, if any?

28. Q: Do you have proof of sending this letter, if any?

Counsel: Let a copy of the letter, entitled as Request for a Meeting be

30. Q: What are the contents of the loan agreement, if any?

31. Q: Did Patrick Swayze concur to such agreement?

A: Definitely yes, Atty. In fact, he signed the agreement.

32. Q: Do you have any proof of this agreement?

A: Yes. That is the signature of Mr. Patrick Swayze, Atty.

A: Yes. Those are our signatures, Atty.

37. Q: Are there documents, if any to prove these remittances?

A: Yes, Atty. The Accounting Department in the Corporation is in