Republic of the Philippines

Regional Trial Court

10th Judicial Region
Branch 29
Surigao City

THE PEOPLE OF THE PHILIPPINES

Plaintiff,

Criminal Case No. 67890

FOR: RAPE

-versusROLANDO A. BALBIN
Accused,
x---------------------------------------------x

Republic of the Philippines )

City of Surigao
) ss
COUNTER-AFFIDAVIT
I, ROLANDO A. BALBIN, of legal age, single and a resident of
Purok 6, Brgy. San Juan, Surigao City, Philippines after having been duly
sworn to in accordance with the law depose and say;

1. That I am the same person who is charged with the crime of RAPE in
criminal case no. 67890 pending before the Regional Trial Court
Branch 29-Surigao City;
2. That I and the complainant, Maria F. Calay are sweethearts before
April 11, 2015 and that we always meet during the weekends at our
residential house;
3. That Paragraph 2 of the Affidavit-complaint of Maria F. Calay dated
May 4, 2015 is strongly denied. The truth of the matter are as follows:
That around 10:00 am more or less, the complainant visited me at our
residential house. We watched movies in my room, then we started
kissing and petting and then we had sexual intercourse. I did not force
nor coerced her but we voluntarily agree on the acts we did;
4. That after we had sexual intercourse, the complainant and I had an
argument regarding a text message I received from one of my exgirlfriend. That after reading the text message, the complainant
became jealous;

5. That the following day, I learned through my sister, Teres A. Balbin,

that the complainant threatened her that she will file a rape case
against me if I will not promise to marry her. I was so afraid and
nervous of what I learned that I could not sleep;
6. That on April 13, 2015, my sister advised me to allow the incident to
cool down and urged me to go to our Aunties house located at Brgy.
Punta Bilar, Surigao City. I did not receive any subpoena and was not
given the opportunity to explain my side;
7. That I am executing this affidavit to attest to the truth of the foregoing
circumstances and prays that the criminal charge be dismissed;
IN WITNESS WHEREOF, I have set unto my hand this November 10, 2015,
in Surigao City Philippines
ROLANDO A. BALBIN
Affiant
SUBSCRIBED AND SWORN to before me this 10 th day of
November 2015 in Surigao City, Philippines. I hereby certify that I have
personally examined the affiant and that I am satisfied that he executed the
counter affidavit freely and voluntarily.

ATTY. ANALEE S. ALVERASTINE

Public Attorney
Roll of Attorneys No. 62098
IBP No. 976867/ Surigao City/April 2, 2016
MCLE Exempt
PTR Exempt

Copy furnished:
MARIA F. CALAY
Purok 6, Brgy San Juan
Surigao City.