Republic of the Philippines
Department of Justice
NATIONAL PROSECUTION SERVICE XI
CITY PROSECUTORS OFFICE
Digos City, Davao del Sur
AUBREY VENUS J. ALMACIN, NPS DOCKET NO. XI-06-INV-171-00198
Complainant/s.
-versus- FOR: SLIGHT PHYSICAL INJURIES and
ORAL DEFAMATION
ARLYN A. PESIDAS,
Respondent/s.
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COUNTER AFFIDAVIT
I, ARLYN A. PESIDAS, of legal age, married, Filipino citizen, and a resident of
Roxas Bataan, Digos City, Davao del Sur, after having duly sworn to in accordance with
law do hereby depose and state that:
1. I received a subpoena on November 14, 2017 directing me to file my answer to
the complaint of my sister Aubrey J. Almacin for physical injuries and oral
defamation within 10 days from receipt thereof;
2. I deny all the allegations contained in the affidavit complaint of my sister Aubrey
Almacin, the truth being that:
a. I already filed a case against complainant for physical injuries arising from
the same incident which was resolved and now for the filing of information
for physical injuries against complainant and her aunt Evelyn Dizon. A copy
of my Affidavit Complaint is hereto attached as ANNEX A
b. It was not true that she was surprised when I arrived in the house of our
father because the truth was she was the one who told me to go there through
text saying, ali diri so we can clarify about the issue on who actually paid
for the lechon bought during the death anniversary of complainants mother.
It must be emphasized that for almost a year now, complainant is no longer
living with our father at Roxas Bataan Street where my family also lives. The
reason why she was there at that time together with her aunt Evelyn Dizon is
to confront my younger sister Agnes about their text messages exchanges. A
screenshot of the text messages are hereto attached as ANNEX B;
c. That when I arrived at my fathers house which is only two (2) meters from
my house, I saw complainant there together with her aunt Evelyn. When she
saw me she suddenly started shouting and pointing her fingers at me several
times. As her older sister, I felt disrespected so I slapped her hand in order to
stop what she is doing but instead she forcefully grabbed my hair and pulled
it hard together with her aunt. They also clawed my chest;
d. That because of what they did I felt nauseous and I slumped on the ground
while I was trying to regain my balance. But because they continued pulling
my hair, I felt weakened and if not for the timely intervention of my husband
and my nephew Niel Dawn Jade Almacin, I would have collapsed right there
or suffered an attack. My husband and my nephew can corroborate my
statements and their affidavits of witness are hereto attached as ANNEXES
C and D respectively;
e. That it was true that I uttered, Baga kag nawong but I did not said
Bigaon. If I had uttered those words against her that was during our
altercation and it was said out of anger and not intended to humiliate her
because in the first place we were inside the house of our father when I said it
contrary to the allegations of complainant that I was outside. This statement
is false because how can I possibly do so when I was already weak from the
fight;
f. That there is no probable cause that I have committed slight physical injuries
against complainant because it was her who became aggressive first and I
only defended myself. Both of us sustained injuries because of that. Likewise
there is no probable cause for oral defamation since I did not utter those
words in public but inside the house of our father and it was not intended to
degrade complainant but was said at the heat of anger. Moreover, her
allegation that I orally defamed her days after the incident was not true and if
in fact it was true how come she has no witness to corroborate her allegation?;
g. I am executing this counter affidavit in order to attest to the truth and
veracity of the foregoing statements and to refute the allegations of Aubrey
Almacin in her Affidavit Complaint.
IN WITNESS WHEREOF, I have hereunto set my hands this 17th day of
November, 2017 in the City of Digos, Davao del Sur, Philippines.
ARLYN A. PESIDAS
Affiant
SUBSCRIBED AND SWORN TO before me this _________________ in the City of
Digos City, Philippines. I certify further that I have personally examined herein affiant
and I am satisfied that she understood the contents of her counter affidavit and
voluntarily executed the same.
Copy furnished:
1. Aubrey Venus J. Almacin c/o Mayors Office, Bansalan, Davao del Sur
