Judicial Counter-Affidavit of Nicole Leonor Atilano Pon

Republic of the Philippines
MUNICIPAL TRIAL COURT IN CITIES

9th Judicial Region
Branch 1, Zamboanga City
[email protected]/(062)9851893
PEOPLE OF THE PHILIPPINES Crim. Case No. 57632-57633

- Plaintiff,
- for -
- versus -
Oral Defamation and Grave
NICOLE LEONOR ATILANO PON Slander
- Accused.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
JUDICIAL COUNTER-AFFIDAVIT OF ACCUSED

NICOLE LEONOR ATILANO PON
(in compliance to Order dated February 6, 2023)
COMES NOW herein Accused, through counsel, most respectfully

submits her Judicial Affidavit that embodies her direct examination.
This examination was conducted by ATTY. YASSER HAKIM on

March 1, 2023, at E-39 Plaza del Pilar, Sta. Barbara, Zamboanga City, upon
herein Accused, NICOLE LEONOR ATILANO PON, who testified in
English, which is a language she understands.
QUESTION: Do you swear to tell the truth, the whole truth and nothing
but the truth to narrate all the relevant facts and circumstances which you
believe will constitute as your irrefutable defenses against the Complaint
filed against you by a certain VIVIAN ATILANO y MALONZO?
ANSWER: Yes Sir, I swear.
Q2: Can you please state your names, address and other pertinent
circumstances?
A2: I am NICOLE LEONOR ATILANO PON, of legal age, Filipino citizen,
and a resident of Canelar Moret, Zamboanga City.
Q3: On February 22, 2023, you came into my office seeking legal assistance
and personally handed to me the judicial order issued by MTCC, Branch 1
on February 6, 2023, granting you fifteen (15) days from receipt within
which to file your judicial counter-affidavit. When did you receive said
judicial order and how do you intend to comply thereto?
A3: Sir, I received said judicial order on February ___, 2023, and I intend
to seek consideration from the said court to reckon my allowable period of
compliance from the date I secured your legal services to enforce my
fundamental right to be represented by counsel in a judicial proceeding.
Under the said judicial order, it shows that Criminal Cases Nos. 57632-
57633 were initiated by Private Complainant VIVIAN ATILANO y
MALONZO (Vivian, for brevity) who is suing me for ORAL DEFAMATION
and GRAVE SLANDER.
Q4: What can you say about these charges against you for oral defamation
and grave slander filed by said Private Complainant?
A-4: Sir, as I recall, said charges for oral defamation and grave slander
underwent preliminary investigation under NPS Docket No. IX-06-INV-
22K-00599 before the Office of the City Prosecutor in Zamboanga City, and
a Resolution was issued thereby on December 16, 2022, where the
investigating prosecutor, Pros. Alfredo E. Jimenez, Jr., clearly ruled that
there is no probable cause to charge Respondent (NICOLE LEONOR
ATILANO PON) with the commission of the crimes of Oral Defamation and
of Grave Slander, copy of said Resolution is attached herewith as Annex
“A”, and made an integral part herof;
Q-5: Nonetheless, it also appears in the said Resolution that the

investigating prosecutor recommended the filing of two (2) Informations for
Unjust Vexation, as defined and penalized under paragraph 2 of Article 287
of the Revised Penal Code, as amended by Section 73 of Republic Act No.
10951. Would you like to comment on that?
A-5: Be as it is, I believe that I had not committed such crime of unjust
vexation, based on the assertions of Private Complainant arising from the
same facts asserted in her previous complaint for Oral Defamation and
Grave Slander.
Q-6: Can you still recall the anteceding instances relied upon by Private
Complainant describing your alleged commission of acts constituting unjust
vexation? Would you also like to comment on those assertions?
A-6: Though records relied upon in the filing of unjust vexation against me
were those debunked by the investigating prosecutor for charges of oral
defamation and grave slander, nay it failed to assimilate in circumspect the
crucial transactional context to prove falsity of the accusations.
Q-7: Will you please enlighten me by narrating the facts of your complaint?
(Accused nods) Please proceed.
A-7: Sir, I understand that the crime of unjust vexation is a form of light
coercion which is broad enough to include any human conduct which,
although not productive of some physical or material harm, would unjustly
annoy or irritate an innocent person. However, the incidents cited in
Vivian’s complaint purposely disregarded its relation to an anterior
complaint which I filed against her for maliciously impeaching my
legitimacy in order to ridicule me in public, which case is already in active
court trial.
To insult me in public, Private Complainant insisted that I must take
DNA test because I am not a “real” Atilano, and that the Atilano clan
despise me and my mother for being the wife of Noel B. Atilano who, in turn,
is the brother of Vivian;
At that instance, my mother asked Vivian for clarification on the

supposed rift with the Atilano clan blamed upon us, and she arrogantly
declared in public about the case for annulment of marriage filed against
my mother.
As clearly as Vivian is not a party in the said annulment case, neither

is such case the subject of our barangay confrontation (but the insults she
uttered against me for accusing me as a spurious child), I questioned her
motive for raising an issue on the annulment case; thus, I merely described
and compared her to that of an errand for brandishing in public the suit
filed against my mother, and not to accuse her for motivating the
complainant to sue my own mother;
Obviously, her lack of circumspect caused her to believe that my

remark was an accusation when, in fact, it was a simple censure for
exposing in public an irrelevant issue;
This proves that the act complained of by Vivian is a mere segment in

the later part of altercation between her and I, and by her initiation and
instigation, I merely responded to also defend our family’s honor amidst the
annulment of marriage case filed against my mother.
Therefore, Private Complainant, VIVIAN ATILANO y MALONZO,

is not an innocent person who may thereafter complain of unjust vexation
about being annoyed or irritated from a circumstance of conflict created by
herself.
Q-8: So, why do you think did she still had to sue you for unjust vexation?
A-8: Obviously, to conceal her own wrongdoing, as her complaint did not
even mention about her preceding aggression which, if taken apart through
her filing of the instant complaint, may be used by her as a leverage to make
me desist from the slander case I filed earlier against her at the Municipal
Trial Court in Cities, Branch 3, Zamboanga City.
Q-9: At this point, I have no further question necessary to elicit any other
information from you, unless you have anything else relevant to say for the
pursuit of this case. So, is there anything you want to add to your previous
statements?
A-9: Sir, I have none.
Q-10: You earlier took an oath to tell the truth, the whole truth, and nothing
but the truth. What is your understanding of your giving your answers to the
questions asked of you, as reflected in this judicial affidavit?
A-18: I am fully conscious that I answered the questions asked of me under
oath, and that I may face criminal liability for false testimony or perjury, if
found lying.
(The examination of affiant ended at 1500H of March 1, 2023, at the

office of Atty. Yasser Hakim, at Stall E-39, Plaza del Pilar, Sta.
Barbara, Zamboanga City.)
= End of Judicial Affidavit =
NICOLE LEONOR ATILANO PON

Accused
SUBSCRIBED AND SWORN TO before me, this _____ day of

March, 2023, at Zamboanga City, Philippines, NICOLE LEONOR
ATILANO PON exhibited to me her ID No. ________, issued on
__________, 20__, by the Republic of the Philippines.
Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2023.
ATTESTATION
I, Atty. YASSER HAKIM, of legal age, married, Filipino citizen,

resident of Zamboanga City, under oath depose and say that I am the lawyer
who conducted the examination of the above witness, that I faithfully
recorded the questions asked and the corresponding answers that the witness
gave, and neither I nor any person then present or assisting me coached the
witness regarding her answers.
Atty. YASSER HAKIM

Affiant
SUBSCRIBED AND SWORN TO before me, this _____ day of

March, 2023, at Zamboanga City, Philippines, affiant exhibited to me his
Non-Professional Driver's License No. _______________, valid until
_______________.
Doc. No. ____;

Page No. ____;
Book No.____;
Series of 2023.
Copy furnished:
Pros. ALFREDO E. JIMENEZ, JR.

Assistant City Prosecutor
OFFICE OF THE CITY PROSECUTOR
Hall of Justice, Pettit Barracks
Zamboanga City

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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

PEOPLE OF THE PHILIPPINES Crim. Case No. 57632-57633

JUDICIAL COUNTER-AFFIDAVIT OF ACCUSED

COMES NOW herein Accused, through counsel, most respectfully

This examination was conducted by ATTY. YASSER HAKIM on

Q-5: Nonetheless, it also appears in the said Resolution that the

At that instance, my mother asked Vivian for clarification on the

As clearly as Vivian is not a party in the said annulment case, neither

Obviously, her lack of circumspect caused her to believe that my

This proves that the act complained of by Vivian is a mere segment in

Therefore, Private Complainant, VIVIAN ATILANO y MALONZO,

(The examination of affiant ended at 1500H of March 1, 2023, at the

= End of Judicial Affidavit =

NICOLE LEONOR ATILANO PON

SUBSCRIBED AND SWORN TO before me, this _____ day of

Doc. No. _____;

I, Atty. YASSER HAKIM, of legal age, married, Filipino citizen,

Atty. YASSER HAKIM

SUBSCRIBED AND SWORN TO before me, this _____ day of

Doc. No. ____;

Pros. ALFREDO E. JIMENEZ, JR.

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