Republic of the Philippines

MUNICIPAL TRIAL COURT

9th Judicial Region
Branch 1
Zamboanga City

JACKIE CORPUZ y MONTEFALCO, CRIMINAL CASE NO. 2018-1020

Plaintiff,

- Versus - -for –

ACE CORPUZ y BARAMEDA CONCUBINAGE as defined

and and penalized under Article 334
JADE BARTOLOME y SOLIS, of the Revised Penal Code
Accused.
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COUNTER-AFFIDAVIT

I, JADE BARTOLOME y SOLIS, Filipino, of legal age, single, and a

resident of Canelar Moret, Zamboanga City, Philippines, after having been
duly sworn to in accordance with law, under oath hereby DEPOSE and
STATE:

1. That I am one of the Respondents in the above-entitled case;

2. That I received the subpoena dated 05 November 2018 from the

Honorable Office, requiring me to submit my counter-affidavit
and other supporting documents on a Complaint filed by one

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 JACKIE CORPUZ y MONTEFALCO for concubinage against me
and ACE CORPUZ y BARAMEDA;

3. That upon the receipt of the afore-stated subpoena, Respondents

were given ten (10) days to submit said documents. Hence, the
foregoing is timely filed;

4. That Respondent hereby admits the foregoing narration of facts,

to wit:

a. That I am from Iligan City, I left Iligan City because I was

forced by my father to marry a politician from our place.

b. That from that time being I have no work and staying at

the apartment of my boyfriend, Ace T. Corpuz II.

c. That on November 16, 2016, I was introduced to Ace B.

Corpuz as the girlfriend of his brother.

d. That on the same day, Ace T. Corpuz II, asked Ace b.

Corpuz if he can help me find land a job at the 4P
Construction Firm.

e. That on December 15, 2016, I was hired as a waitress at

the 4P Construction Firm.

f. That for the reason of escaping my engagement to a man

whom I do not know and love, I stayed and worked as a
waitress even though I deserve a better job because of my
educational attainment, I preferred it to keep things low
key.

g. That when my parents were able to locate me, I and Ace T.

Corpuz II asked Ace B. Corpuz for help if I can stay at their
house,

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 h. That I am willing to stay work as a maid to avoid
questions.

i. That after one month, on February 19, 2018, I was hired as

a house-help at the house of Ace B. Corpuz and Jackie M.
Corpuz. Though I was hired as a maid, I was assured by
Ace B. Corpuz that there is no heavy work in their house
since most of their time is spent in work and they usually
go home late.

j. That I am pregnant, but the father is Ace T. Corpuz II and

not Ace B. Corpuz. A copy of the ultrasound photos
attached hereto as “ANNEX 1” and a Certification of the
ultrasound photos attached hereto as “ANNEX 1-A”

5. That Respondent vehemently and categorically denies particular

allegations in the complaint for being baseless and unfounded
and that Respondent hereby submits the true and actual
statement of facts, as follows:

a. That I stand firm that I and my Co- Respondent Ace B.

Corpuz have not been in any illicit affair to the point that he
got me pregnant and brought me to their house and stayed
there as his girlfriend.

b. That every time my co-workers tease me with the idea of

having a relationship I would say “wait and see”.

c. That the phrase “wait and see” was for them to literally wait
and see who is my boyfriend, it is not Ace B. Corpuz but Ace
T. Corpuz II.

d. That I have going out with Mr. Corpuz on a date, while it is

true that we were going out but it was just a decoy for me
and my boyfriend to meet. Mr. Corpus would always be with
us whenever we are out. He keeps on telling us that he has
nowhere to go since his wife would always go home late
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 form work. A copy of the photo of the three of us in a KTV bar
attached hereto as “ANNEX 2”.

e. That because Jackie M. Corpuz frequently goes home late, I

would usually be invited by Mr. Corpuz to eat with him if he
happens to have dinner at home but sometimes I would
even refuse on the ground that I already ate my dinner but if
there would be times that I joined and eat dinner with him it
remains there and that it means nothing more, thus I
strongly deny the allegations that he we would go silent
whenever Mrs. Corpuz arrives when she hears us laughing as
if nothing is happening. We will be quiet because she will
always ask for silence because she still needs to work and
she does not want noise.

f. That as to James Pineda’s statement in his Judicial Affidavit

that Ace B. Corpuz and I were at times seen together in a
comfortable and intimate closeness and that we are on a
relationship to constitute scandalous acts to warrant the
existence of elicit relationship between us;

g. That at around 11:30 in the evening of September 19, 2018, I

had a severe cramping and there was spotting and was
crying because I was afraid to lose my baby. When Ace B.
Corpuz entered the room. He must have heard me cry and
asked me what happened. Being a medicine student, I am
fully aware of what was happening to me, not to cause any
disturbance, I asked Mr. Corpuz if he can help me lay down.
He asked if how many months pregnant was I, told him that I
was entering my second trimester and told him not to worry,
all I need is some bed rest. I also asked him if he can hand to
me my massage oil, which he did. When he was helping me
raise my shirt so I can apply the oil, all of a sudden,
Complainant Jackie M. Corpuz furiously walked in the room,
accused us of having an affair without giving us the
opportunity to explain what really happened. She would not
listen and tried to hurt me so Mr. Corpuz got in the middle
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 and Mr. Corpuz carried Mrs. Corpuz. Hurriedly, I got my
bagpack and went out of the door.

h. That when I was out of their house, I was able to ride a jeep
and went straight to Ace T. Corpuz’s house.

6. That in view of the foregoing, it is respectfully submitted that the

Complaint failed to establish the elements of the crime of
Concubinage under Article 334 of the Revised Penal Code. Article
334 of the Revised Penal Code provides that “Any husband who
shall keep a mistress in the conjugal dwelling, or shall have sexual
intercourse, under scandalous circumstances, with a woman who
is not his wife or cohabiting with her in any other place xxx..” is
guilty of Concubinage. Be it noted that nowhere in the complaint
alleged any of the foregoing elements. Further, the word
“cohabitation” is to be construed to mean “to live together as
husband and wife; to live together as husband and wife
although not legally married; to live together in the same
house, claiming to be married, to live together at bed and
board. (emphasis supplied, People of the Philippines vs. Pedro
Pitoc and Marciana Del Basco, G.R. No. 18513). “To “cohabit”
according to the sense in which the word is used in a penal
statute, means dwelling together as husband and wife, or in
sexual intercourse, and comprise a continued period of
time.(ibid)

7. That since the complaint is based on mere surmises and

conjectures elicited on unfounded allegations, the Complainant
failed to present evidence that would prove the existence of
Concubinage imputed upon the Respondent, and hence, the
same shall not be prosecuted.

8. That Respondent executes the foregoing affidavit in order to

rebut, refute, and deny all the baseless accusations contained in
the Complaint, and in order to cause the outright dismissal of the
same for utter lack of merit.

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 IN WITNESS WHEREOF, I have hereunto affixed my signature on this
10th day of NOVEMBER 2018, in Zamboanga City, Philippines.

JADE S. BARTOLOME
Respondent-Affiant

SUBSCRIBED AND SWORN TO before me this 10th day of NOVEMBER

2018 in Zamboanga City, Philippines.

ATTY.
Doc. No. JENESSA
_______ S. VICENTE
Page No. _______ Roll No. 880814-0123458
Book No. _______ PTR No. 011418 / January 5, 2018 - Z.C.
Series of 2018
IBP No. 965874 / January 4, 2017 - ZAMBASULTA
MCLE 5th Compliance No. V-000335 / 04-28-2018 to 04-28-2019
Zamboanga City

CERTIFICATION

I hereby certify that I have examined herein affiant and I am satisfied

that he executed the same freely and voluntarily.

Doc. No. _______

ATTY.
PageJENESSA S. VICENTE
No. _______
Book No. _______Roll No. 880814-0123458
Series of 2018 PTR No. 011418 / January 5, 2018 - Z.C.
IBP No. 965874 / January 4, 2017 - ZAMBASULTA
MCLE 5th Compliance No. V-000335 / 04-28-2018 to 04-28-2019
Zamboanga City