REPUBLIC OF THE PHILIPPINES )

CITY OF CAGAYAN DE ORO ) S.S

Capti
COUNTER-AFFIDAVIT
on
I, Apipa G. Guro, of legal age, Filipino citizen and a resident
of Vamenta, Carmen, Cagayan de Oro City, after having been
sworn to in accordance with law hereby depose and state that:

PERSONAL

1. I am the accused in IS no. 08282 for the crime of Estafa thru

Falsification of public documents under Article 315 paragraph 2,
in relation to Article 172 and Article 48 of the Revised Penal code;

2. I deny the allegation that I misrepresented myself to be Dona

Aniqa Macarambon-Bacsarpa [hereinafter “Dona Aniqa”], the
truth being that I have been appointed as the attorney-in-fact of
Spouses Bacsarpas. As evidenced by their duly notarized Special
Power of Attorney copy thereof is attached here as Annex A.
1

In my capacity as such, I signed and delivered documents

pertinent to the transactions in their behalf.

3. Truth to tell, while I categorically received the proceeds of the

said loan from the bank, they were eventually turned over to the
Spouses on the same day as evidenced by their acknowledgment
receipt, a copy thereof is attached here as Annex B 2

4. The antecedental facts that led to this case can be narrated in

this manner : On October 1, 2007, Dona Aniqa went to my house
and told me that she and her husband are planning to put up a
BOD
business. Spouses Bacsarpa also wanted to go to the US for a two
(2) months vacation. Since Spouses Bacsarpa were in need of

1
Exhibit “1”

2
Exhibit “1”
 money for their business and also for their trip abroad, they
requested me to apply for a loan in their behalf;

4. I agreed to become Spouses Bacsarpas’ attorney-in-fact. As a

result, the Spouses delivered to me the owner’s duplicate copy
of TCT No. T-178439 for purposes of constituting a mortgage
thereon by executing a Deed of Real Estate Mortgage, which title
I delivered to the bank;

5. To this date , Spouses Bacsarpas have not cancelled, revoked or

superseded the said Special Power of Attorney, hence, I remain to
be their duly appointed attorney-in-fact.

6. All told, I acted within the scope of my authority in obtaining a

loan amounting to Php5,000,000.00 and the mortgage of Spouses
Bacsarpa’s real property. As the attorney-in-fact of the Spouses
Bacsarpas, I was expressly authorized to sign all documents
pertinent to said loan. Hence, while I may have signed the
questioned documents in their behalf, I did not commit the crime
of forgery.

7. Therefore, the said loan and the documents I executed in behalf

of the Spouses were valid, regular and legal. Stated differently,
no forgery, falsification, amounting to estafa ever transpired ;

8. I am executing this Counter-Affidavit to attest to the truth that I

DID NOT COMMIT THE CRIME OF ESTAFA in whatever form as
erroneously and maliciously alleged by the Complainant.

IN WITNESS WHEREOF, I have hereunto set my hand this

15th day of December, 2009 at Cagayan de Oro City, Philippines.
ATTESTATION

APIPA G.
GURO
 Affia
nt

NAME AND
SIGNATURE OF
AFFIANT

JURAT

SUBSCRIBED AND SWORN TO before me this 15th day of

December, 2009 in Cagayan de Oro City, Philippines. I hereby
certify that I have personally examined the affiant and that I am
fully convinced that she had voluntarily executed her counter-
affidavit and that he has read and understood the contents
thereof.

AZRIFA MAMUTUK
Assistant City Prosecutor
Cagayan de Oro City

Copy furnished by Registered mail:

Vincy Jane Polinar

c/o South Bank, Kausawagan Branch
Cagayan de Oro City