Counter Affidavit

Republic of the Philippines
Department of Justice
OFFICE OF THE CITY PROSECUTOR
QUEZON CITY
AAA,
Complainant,
-
versus
I.S. No. XV-03- INV-15A-00183

For: CONCUBINAGE
BBB
Respondent.
x------------------------------------------x
COUNTER-AFFIDAVIT
I, _______, of legal age, single, Filipino, with office address at
Lica Business Group & Holding Co., Lica Management Inc.,
________________________________, after having been duly
sworn in accordance with law, do hereby depose and state: That1. I am the respondent in the instant case. I am charged for alleged
violation of Article 334 of the Revised Penal Code or for Concubinage
in the compaint-affidavit dated 8 January 2015 filed by the
complainant.
1.1 I can be served with summons and other court
processes
through
my
retained
counsel
__________________, #123, Big Building, Metropolis
Ave., Makati City.
2.
On 28 January 2015, I received a copy of the Subpoena
from this Honorable Office requiring me to appear before your
Honorable Office on 26 March and 6 April 2015 and file my
corresponding Counter-Affidavit for the purpose of conducting a
preliminary investigation in the instant case.
SPECIAL DEFENSES AND REFUTATION OF THE CHARGES
UNDER THE AFFIDAVIT-COMPLAINT
3.
I admit the allegations of complainant in his sworn
statement in so far as the same states that:
1
3.1 My personal details

paragraph of the sworn statement.
under
the
second
4.
As to the rest of the statements provided for under the
sworn statement, I hereby DENY these allegations for lack of
sufficient knowledge to form a belief as to the truth thereof.
5.
By way of affirmative allegations and/or special affirmative
defenses, I further allege the following:
The facts alleged in the Sworn
Statement DO NOT Constitute the
crime of Concubinage
6.
Under Article 334 of the Revised Penal Code, the
elements of Concubinage are as follows:
"1.
That the man must be married;
2.
That he committed any of the following acts:

a.
Keeping a mistress in the conjugal
dwelling;
b.
Having
sexual
intercourse
under
scandalous circumstances with a woman
who is not his wife;
c.
Cohabiting with her in any other place.
3.
That as regards the woman, she must know him

to be married."1
7.None of the above stated elements are present in the instant

complaint.
7.1 First, the sworn statement fails to state
whether I am a married man or not;
7.2 Second, the sworn statement fails to state that
I committed any of the above enumerated acts
constituting concubinage under paragraph 2(a);
7.3 Lastly, the sworn statement fails to state the
woman, in this case ________________, if she knew
whether I was married or not.
1 Please see: Page 905, The Revised Penal Code, Book Two, Seventeenth
Edition, by: Luis B. Reyes
2
8.
Under these circumstances, there being an unmistakable
absence of ALL of the elements for the crime of concubinage, the
sworn statement of the complainant ______________ clearly fails to
state a cause of action against me.
No criminal liability under Article 333
or for Adultery for lack of knowledge
9.
Assuming without admitting that the crime charged
against me is adultery under Article 333 of the Revised Penal Code, I
there would still be no criminal liability as there is an apparent lack of
all of the elements of adultery.
10. I
came
to
know
the
co-respondent,
____________________________ in the chat application "Beetalk",
last November 2014.
10.1 In the same chat application, _______ and I
got acquainted with each other.
10.2 However, I was unaware of the civil status of
_________, specifically that she was supposedly married
to herein complainant.
10.3 Nowhere in the sworn statement, nor in the
evidence presented does it show that I had prior
knowledge of the status of __________ as being married.
11. The elements of Adultery under Article 333 of the Revised
Penal Code are as follows:
" 1.
2.
3.
That the woman is married;

That she has sexual intercourse with a man
not her husband;
That as regards the man with whom she has
sexual intercourse, he must know her to be
married."2
12.There being a clear absence of the last element as stated

above, there can be no crime of adultery in so far as I am concerned
in the instant complaint.
13. All of the foregoing premises considered, it is respectfully
submitted that the allegations in the sworn statement do not present a
2 Please see: Page 898, The Revised Penal Code, Seventeenth Edition, by Luis
B. Reyes.
3
substantial ground for criminal action of concubinage under Article

334 or of Adultery under Article 333 of the Revised Penal Code. It is
in this light that I most respectfully pray of this Honorable Office that
the instant complaint against me be DISMISSED FOR FAILURE TO
STATE A CAUSE OF ACTION.
19. I hereby execute the foregoing Counter-Affidavit, to attest to
the truth of the foregoing statements.
AFFIANT FURTHER SAYETH NAUGHT.
26 March 2015. Quezon City.
_______________
Affiant
SUBSCRIBED AND SWORN to before me this 26th day of
March 2015 in Quezon City.
_________________________
Assistant City Prosecutor
I HEREBY CERTIFY THAT I have personally examined the
affiant and I am satisfied that he personally executed and understood
his Complaint-Affidavit.
_________________________
Assistant City Prosecutor

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What is the respondent accused of?

What are the elements of concubinage according to Philippine law?

Republic of the Philippines

I.S. No. XV-03- INV-15A-00183

3.1 My personal details

That the man must be married;

That he committed any of the following acts:

That as regards the woman, she must know him

7.None of the above stated elements are present in the instant

That the woman is married;

12.There being a clear absence of the last element as stated

substantial ground for criminal action of concubinage under Article

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