REPUBLIC OF THE PHILIPPINES }

CITY OF SANTIAGO } s.s.

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

COUNTER-AFFIDAVIT
I, CARDO “DALISAY” B. TARUN, of legal age, Filipino, married and
temporarily residing at Sitio Rosario, Echague, Isabela, Philippines, after having been
duly sworn to in accordance with law, do hereby depose and state:

1. That I am the respondent in the case for violation of Article 286 of the Revised
Penal Code of the Philippines, pending before the Office of the City Prosecutor
ocketed as NPS No. II-02-INV-02A-00099;

2. That I deny the false, malicious, and fabricated allegations against me stated in
complaint. The complainant charges me with the alleged felonies of GRAVE
COERCION for:

a. Alleged uttering of words “Siyak ti akin kukua atoy nga daga, isu
pumanaw kayon!” with the intention to compel the complainant to
vacate the parcel of land; and

b. Alleged pointing of gun to cause violence, threat or intimidation to the

complainant.

3. That the true and correct historical facts of the instant case are stated herein
below for the full appreciation of the Honorable Investigating Prosecutor:

a. I am the prospective buyer of the Agricultural Land situated in Paraiso,

Batal, Santiago City covered by Original Certificate of Title (OCT) No. –
OSC-18616, herein attached as “Annex A”, lawfully owned by a
certain Pedro A. Cruz, prospective seller.

b. To comply with the requirements of law with respect to the acquisition

of land, I made an inquiry on November 22, 2018, 8:00 am on the said
lot to determine its status and the adverse rights of actual possessor
thereof, if any. I found out that it was possessed by Jade A. Manuela,
the complainant.

c. I presented the machine copy of Original Certificate of Title to the

complainant and asked if she was aware of its existence. However,
she and her farm caretakers unexpectedly started to get angry. To
avoid possible injuries, I and my companion immediately left the
premises.

4. That Article 286 of the Revised Penal Code provides that the guilty party in a
case for grave coercion must have committed the following act, to wit: “any
person who, without authority of law, shall, by means of violence, prevent
another from doing something not prohibited by law, or compel him to do
something against his will whether it be right or wrong”. There is no positive
and convincing evidence on record that I used “violence, threat, or
intimidation” to prevent the complainant from doing something, or that I used
“violence, threat, or intimidation” to compel her to do something.

5. That further in Roberto Fernandez vs People of the Philippines, et. al., G.R No.
138503, September 28, 2000, the Supreme Court ruled that in all criminal
cases, speculation and probabilities cannot substitute for proof required to
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COUNTER-AFFIDAVIT
CARDO “DALISAY” B. TARUN
NPS No. II-02-INV-02A-00099
 establish the guilt of an accused beyond reasonable doubt. Suspicion no matter
how strong cannot sway judgment. Where there is reasonable doubt as to the
guilt of the accused, he must be acquitted even though his innocence maybe
doubted since the constitutional right to be presumed innocent until proven
guilty can be overthrown only by proof beyond reasonable doubt. When the
guilt of the accused has not been proven with moral certainty, it is our policy of
long standing that the presumption of innocence of the accused must be
favored and his exoneration be granted as a matter of right.

6. WHEREFORE, in the interest of justice, it is respectfully prayed that the instant

complaint be DISMISSED for lack of merit.

IN WITNESS WHEREOF, I hereunto affix my hand this ___ day of _______, ___
in the City of Santiago, Philippines.

CARDO “DALISAY” B. TARUN

Affiant

SUBSCRIBED AND SWORN to before me this ___ day of ____, __ in the City of
Santiago, Philippines. Affiant exhibited to me his identification indicated below his
name as his competent proof of identity. I further certify that affiant attests to the
truth of the foregoing facts based on his own personal knowledge and I am satisfied
that he voluntarily executed and understood his Affidavit.

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COUNTER-AFFIDAVIT
CARDO “DALISAY” B. TARUN
NPS No. II-02-INV-02A-00099