VAWC Counter Affidavit (sample)

 REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE

NATIONAL PROSECUTION SERVICE

OFFICE OF THE CITY PROSECUTOR

CITY OF CAVITE

MICHELLE A. VALE CRUZ

       Complainant,

- versus -

Complaint for: Violation of R.A 9262

Violence Against Women and their

Children

LANZ AIDAN L. OLIVES

                       Respondent.

x-------------------------------x

COUNTER – AFFIDAVIT

I, LANZ AIDAN L. OLIVES, single, of legal age, Filipino, with residence at 248 Salcedo St., San Antonio, Cavite City, after having been duly sworn in accordance with law, hereby depose and state: THAT

1.     I am the same person who is the respondent in the instant case;

2.     Paragraphs 2, 3, 4, and 5 of the affidavit of Michelle A. Vale Cruz are ADMITTED.

3.     As regards paragraphs 6 and 7, the truth is: I became really depressed after being terminated from my job but it is not true that I get mad to her and our children easily. In fact, since I was always at home, I had more time bonding with my children.

4.     Paragraph 8 is DENIED. Although it is true that I became more stressed because of unpaid billings, I never cursed in front of my common-law wife and I never cursed her.

5.     Paragraphs 9, 10 13, and 14 are DENIED. I never hurt the complainant. During those though times, we were always fighting but I never laid my hands on my wife.

6.     As regards paragraph 13, the truth of the matter are as follows: On November 2, 2015, it was complainant’s first day of work. She previously informed me that her shift was from 8:00am to 5:00pm. It was already 6:00pm and she has not arrived home yet. I tried calling her several times but she did not answer. I was worried about her so I decided to call some college friends over. The complainant arrived around 11:00pm. During that time, I was having a few drinks with my college friends. I noticed that she was driven home by a guy with a car. When we entered our house, I asked her who that guy was. She shouted at me and said, “Wala ka na do’n! Sawang-sawa na ako sa ‘yo! Ako pa ang kailangang magtrabaho para sa atin! Mabuti pa ang ibang lalake dyan! Wala kang kwenta!” Enraged, I threw her bag and some papers on the table in our living room. She also started throwing her things to me. My friends and children approached us and tried to stop us. As a result of the commotion, our son, Lance, fell on the ground and was slightly hurt.

7.     Paragraph 14 is DENIED.  I never had a confrontation with the complainant’s mother.

8.     Paragraph 15 is DENIED. The truth of the matter are as follows: I was watching my son and our neighbor’s son play outside when I heard my son said, “Gago ka! Madaya!”  I apprehended my son right at that very moment. I admonished him and told him that he should not be saying bad words. However, I never hit my son.

9.     The filing of the complaint is the complainant’s way of leaving me because she intends to be with his paramour already. I have been noticing that since she started applying for a job, there has been always someone who drops her off a few blocks away from our house. Also, she always gets calls and text messages late in the evening. And on the day the complainant left me, she told me that she deserves someone better than me, like his co-worker.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 13^th day of April 2016 in the City of Cavite, Philippines

LANZ AIDAN L. OLIVES

Respondent/ Affiant

_____________________________________________________________

SUBSCRIBED AND SWORN TO before me this April 13, 2016 in the city of Cavite, Philippines.

ATTY. GRACE MARIELLE CRUZ

Associate City Prosecutor