I, Roneric B. Valencia, of Filipino, of legal age, single, with the assistance of the counsel, and presently residing at Block 113 Lot 17 Phase 7 Villa de Calamba, Laguna, after having been sworn in accordance with law do hereby depose and say that:
1. I am the President of Homeowners Association of Villa de Calamba. In said capacity, I am in charge of coordinating the affairs and activities of the Association;
2. I recently learned that I have been charged with the crime of Slander and Oral Defamation filed by a certain Mr. Samuela Adams C. Samuela on 16 February 2014 pending before the Office of the Prosecutor of Hall of Justice of Calamba City;
3. The charged is based on a general assembly of the association last 09 February 2014 which involved collection of unpaid membership dues;
4. I did not maliciously impute any dishonor or discredit to Mr. Samuela; COUNTER-AFFIDAVIT Page 2 of 4 x------------------------------x
5. The witness, Mr. Emerson Navarrete, was not an official member of the Association, hence cannot be one of the attendees in the said meeting;
6. The Paragraph 6 of the Complain-Affidavit dated 16 February 2014 is denied;
7. The remark of Illegal Drug Peddler is not serious and used that term as an ice breaker or a joke to enlighten the meeting of the Association;
8. I honestly believe that there was miscommunication only between I and Mr. Samuela;
9. Morever, I did not mention his name as the Illegal Drug Peddler. I was just giving a reason why the target collections of the Association was not met in a ;
10. Clearly, there was no malice on my statements as it was the truth;
11. I was informed by my counsel that every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown. There is, however, an exception to this presumption of malice in law when the alleged defamatory imputation is a COUNTER-AFFIDAVIT Page 3 of 4 x------------------------------x
private communication made by any person to another in the performance of any legal, moral or social duty. ;
12. This exception refers to a privileged communication which, though it may contain defamatory imputations, would not be actionable if it is in response to duty;
13. Given the above arguments, it is apparent the instant complaint is not sufficient to engender a well-founded belief that an offense has been committed. There is no probable cause to hold me liable for SLANDER AND ORAL DEFAMATION as defined in the Revised Penal Code. Thus, the present complaint-affidavit SHOULD BE DISMISSED FOR UTTER LACK OF MERIT.
Affiants sayeth naught.
IN WITNES WHEREOF, I have hereunto affixed my signature this 12 th day of July 2014 at City of Calamba, Philippines.
RONERIC B. VALENCIA Affiant
SUBSCRIBED AND SWORN TO ME, this 12 th day of July 2014.
Fiscal Rossana Marie O. Mergal Investigating Prosecutor COUNTER-AFFIDAVIT Page 4 of 4 x------------------------------x
CERTIFICATION
I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE RESPONDENT AND I AM SATISFIED THAT HE/SHE UNDERSTOOD AND VOLUNTARILY EXECUTED HIS/HER COUNTER-AFFIDAVIT.
Fiscal Rossana Marie O. Mergal Investigating Prosecutor