Counter Affidavit Statutory Rape
Counter Affidavit Statutory Rape
Counter Affidavit Statutory Rape
DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE PROVINCIAL PROSECUTOR
Province of Surigao Del Norte
Surigao City
X--------------------------------------------------/
REPUBLIC OF THE PHILIPPINES )
PROVINCE OF SURIGAO DEL NORTE ) S.S.
SURIGAO CITY )
COUNTER-AFFIDAVIT
COUNTER-STATEMENT OF FACTS
3. That there is no basis that the said victim was a minor at the
time of the commission of an offense.
The elements that would constitute the crime of RAPE under Art.
266-A, par. 1 (a) of RA 8353 are:
1. Carnal knowledge
2. Force or intimidation and the commission of the act
without consent, or
3. Against the will of the victim
8. One who alleges a fact has the burden of proving it, since mere
allegations is not evidence. Equally, it is a basic rule in evidence that he
who alleges must prove his case or claim by degree of evidence
required.
JOSE A. GONZALEZ
Affiant
SUBCRIBED AND SWORN to before me this _____ day of _______
at Surigao Del Norte, Philippines and I further certify that I have
personally examined the affiant and is satisfied that he voluntarily
executed and understood his affidavit.
Copy Furnished:
ROGER DIMAAMPAO
Purok 6, brgy. San Juan
Surigao City, Surigao Del Norte
ATTESTATION
I, JINGLE MERRY G. GERANDOY, of legal age, Filipino citizen,
after having duly sworn to in accordance with law, do hereby depose
and say: