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REPUBLIC OF THE PHILIPPINES

CITY OF MANILA ) s.s


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COUNTER AFFIDAVIT
I, MARCIANO B. DIMALANTA, Filipino, 51 years old, residing
at 78-B Pureza Street, Sta. Mesa, City of Manila, do hereby state under oath
that:
1. I, MARCIANO B. DIMALANTA, declare that I am the President
of HACIENDA LA CONSULACION, INC. (the Company)
with SSS Employer ID No. 04-9849293-3 and business address at 241
Pusong Mamon Street, Sta. Mesa, City of Manila; and that I have
personal knowledge of the matters hereinafter set forth.
a. I am filing this Counter Affidavit in response to the ComplaintAffidavit filed by JOSELITO M. MENDOZA (Mr.
Mendoza), the Accounts Officer of Social Security System in
the National Capital Region (SSS-NCR), charging the
Company with neglect or refusal to pay the SSS contributions
for the period covered from OCTOBER 2011 TO
DECEMBER 2011 in the amount of PHP 53,646.45 including
penalty computed.
b. The Company denies the allegations in said ComplaintAffidavit and has made adequate provisions for each of its
liabilities.
2. Unfortunate financial circumstances prompted the Company to shut
down on August 3, 2011.
3. The Company was able to recover from financial ruins and start
official operations on January 3, 2012.
4. The SSS demand letter was sent on September 22, 2013. The
Company, through its Accounting Department, received it only on
September 25. As gleaned from the demand letter attached in the
complaint-affidavit, the Company was only given five (5) days from
the date of receipt thereof.

5. The Company, in its reply dated September 25, 2013, to Mr. Mendoza,
questioned the basis of such liability and sent proof of the Companys
closure on August 3, 2011. The Accounting Department even tried to
contact Mr. Mendoza, but to no avail.
6. Though skeptic of the Companys alleged outstanding liabilities, the
Accounting Department settled its account with SSS-NCR on
September 28, 2013. The Company also sent a copy of the receipt to
Mr. Mendozas office address.
7. Two days later, on September 30, 2013, I learned that a complaint had
been filed by SSS-NCR. I immediately communicated to SSS-NCR
and sent through their fax machine no. XXXX the receipt of payment
dated September 28, 2013. I also explained and sent evidence
regarding the temporary shutdown from August 3, 2011 to January 2,
2012.

8. SSS-NCR acknowledged that HCLI need not pay contributions for the
months of October to December 2011. Hence, it promised to withdraw
its complaint.

9. I, on behalf of the Company, would also like to file a counterclaim


against Mr. Mendoza on the ground of filing the complaint in bad faith
in violation of the Code of Ethical Standards for SSS employees.
a. Mr. Mendoza, knowing about or being in possession of
documents establishing HCLIs shutdown from August 3, 2011
to January 2, 2012, concealed such information to SSS-NCR.
b. Mr. Mendoza evaded our telephone inquiries and reply-letter on
September 25 to 27, 2013.
c. Mr. Mendoza, knowing about or being in possession of
documents establishing the fact of HCLIs payment on
September 28, 2013, proceeded to maliciously file the
complaint.

TO THE TRUTH OF THE FOREGOING, I have signed this Counter


Affidavit on 5 October 2013 in the City of Manila.
(Sgd.) MARCIANO B. DIMALANTA
Respondent-Affiant
Govt. Issued ID: LTO ID No. L-02-9805
Valid Until: 18 February 2016
Date of Issue: 4 January 2013
Place of Issue: Manila

SUBSCRIBED AND SWORN TO BEFORE ME this 5 th day of


October 2013 in the City of Manila.
(Sgd.) ANNA MARIE O. OCAMPO
Assistant City Prosecutor
CERTIFICATION
I hereby certify that I have personally examined respondent-affiant
MARCIANO B. DIMALANTA and am fully satisfied that she voluntarily
executed and understood her statements in the foregoing Counter Affidavit.
Manila, Philippines, 5 October 2013.
(Sgd.) ANNA MARIE O. OCAMPO
Assistant City Prosecutor
City Prosecutors Office
Manila

SUBSCRIBED AND SWORN to before me in the City of Manila,


Philippines this 5th day of October 2013, the affiant exhibiting to me his
Drivers License with the number L-02-9805 issued in the City of Manila on
4 January 2013 and Tax Identification No. 90629.

(Sgd.) RICARDO L. BONDOC


Notary Public
Until 31 December 2013
Roll of Attorney No. 63786
IBP No. 53462/2-18-2012/Manila
PTR No. 23689/6-27-2010/Manila
MCLE Compliance No. 1234
Doc No. 974
Page No. 905
Book No. 267
Series of 2013.