Vaw -.docx

REPUBLIC OF THE PHILIPPINES DEPARTMENT OF JUSTICE OFFICE OF THE ASSISTANT PROVINCIAL PROSECUTOR Hall of Justice Hilongos , Leyte

REYSA GALADO CAGABHION, Complainant, NPS NO. VII-02f-INV-19A-00004 -versus-

FOR: VIOLATION OF RA 9262

DRANREB CRISTINO, Respondent. X---------------------------------------/ COUNTER – AFFIDAVIT I, DRANREB D. CRISTINO, of legal age, single, Filipino and a resident of Brgy. Tinago , Inopacan, Leyte having been duly sworn to in accordance with law, do hereby depose and say that : 1. I am the Respondent in the instant Complaint for Violation of Republic Act 9262 or the Anti-Violence Against Women and their Children Act which is pending before the Office of the Assistant Provincial Prosecutor docketed as NPS NO. VII-02f-INV-19A-00004; 2. I can be served with subpoena, and other notices of this Honorable Office at our residential address in Brgy Tinago, Inopacan , Leyte ; 3. On February 21, 2019, I received a copy of the complaintaffidavit, and had full knowledge thereof for the first time. ADMISSIONS & DENIALS 4. Paragraph 1 of the complainant’s Judicial Affidavit is hereby admitted. 5. Paragraphs 2 and 3 of complainant’s Judicial Affidavit are denied for lack of knowledge or information sufficient to form a belief with respect to the truth of the matter.

6. Answer to Question no 1 of the Judicial Affidavit is hereby denied for lack of knowledge or information sufficient to form a belief with respect to the truth of the matter. 7. Answers to Questions no. 2, 3, 4, 5, 7 and 8 of the Judicial Affidavit are hereby denied for lack of knowledge or information sufficient to form a belief with respect to the truth of the matter, the truth of the matter is found in the counter statement of facts portion of this counter-affidavit. 8. Answer to Question no. 6 is partly admitted with respect only to the statement that she arrived on December 19, 2018 at around 3:00 a.m. the rest are denied for lack of knowledge or information sufficient to form a belief with respect to the truth of the matter, the truth of the matter is found in the counter statement of facts portion of this counter-affidavit. COUNTER STATEMENT OF FACTS 9. On December 15, 2019, I arrived from my work so very tired, my time of duty was 4: 00 a.m to 2: p.m. . The herein complainant was very suspicious why I left the house that early, so in the afternoon she went to Chowking where I worked , to check if I was really telling the truth . She saw me on duty and even asked my manager as to what time did I report, but prior to that she saw me talking to somebody a woman - a customer, she felt jealous and slowly provoking for an argument. I immediately asked my manager that I have to go home because the jealousy of the complainant was already annoying to the customers. 10. When we arrived in our place in Banilad Cebu, the complainant did not stop her suspicion that I have a woman, she kept on nagging and hitting me physically. I covered my head and my face with both hands to protect me from her blows. I told her to stop hitting and yelling me because at that time I really needed a rest, I was so tired .I have no knowledge of the hematoma on her left arm how she got it. 11. I will not be surprised if she had it by her own doing because sometime in September 2018 she took 10 paracetamol tablets thus, she was admitted in Perpetual Succour Hospital in Cebu. At that time we also had argument and I left her, that’s why she attempted suicide by taking 10 paracetamol tablets. It was a difficult

time for our family because my mother had to loan money from a loan shark for hospital and other expenses in order to save her. A copy of the Affidavit of my mother – Clemencia Cristino is hereby attached as Annex A .Its contents are incorporated and made part of this Counter Affidavit by way of reference. 12. When the complainant arrived on December 19, 2018 in Inopacan she was not with our son, she was alone. If she was with our son, the more that there is no truth of her allegation that I pushed her because I would put my son in danger in that way. A copy of the Affidavit of our neighbor Jomar Villamor is hereby attached as Annex B. Its contents are incorporated and made part of this Counter Affidavit by way of reference. 13. In most cases it was the complainant who physically harmed me whenever she had fits of jealousy. A copy of the Affidavit of our neighbor Pedro Betsoso Dandoy Jr. is hereby attached as Annex C. Its contents are incorporated and made part of this Counter Affidavit by way of reference. 14. The complainant has a very difficult personality and I’m fed up with her attitude. In one occasion she hit me on the head with a mirror. 15. The complainant would always resort to threatening me that she will commit suicide if ever I will leave her. 16. If the complainant was truly been harmed and incurred physical injuries because I boxed her in Cebu as she alleged, why did she still follow me to Leyte. 17. If the complainant was in her right mind she could have sought help from the Barangay to obtain Barangay Protection Order instead of following me. 18. To date the complainant is texting me, she wants the case to be settled, so that I will be spared from criminal prosecution saying it was actually her parents who are interested in filing the case.

19. In my part I ‘m willing to settle the case in the proper authorities . I want her to understand that I don’t want to live with her anymore.

IN WITNESS THEREOF, I have hereunto affixed my signature this __________________________ at Hilongos, Leyte, Philippines.

DRANREB D.CRISTINO Affiant/Respondent VIN -3721-0035A-11194DDC 1000

SUBSCRIBED

AND

SWORN

TO

BEFORE

________________, in Hilongos Leyte, Philippines.

ME

this

I hereby certify

that I have and translated to the affiant the contents of the Counter Affidavit in Cebuano dialect, and that I am convinced that the same is executed freely and that he fully understood the contents hereof.

Doc. No._____; Page No._____; Book No._____; Series 2019.

Explanation: Copy of the foregoing Counter Affidavit was served upon the Complainant via registered mail due to lack of messenger to effect personal service.