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Republic of the Philippines Department of Justice NATIONAL PROSECUTION SERVICE Angeles City Prosecutors Office Hall of Justice, Angeles

City

SPOUSES LUCIA AND EZREAL GAREN Complainants,

IS NO.: 14343 FOR: Violation of B.P. Blg. 22 and ESTAFA

-versusMORGANA RAMMUS, Respondent x------------------------------------------x

COUNTER-AFFIDAVIT DEFENDANT, by the undersigned attorney and to this Honorable Office respectfully avers that: Defendant admits paragraphs 1, 2, 3, 4, 5 with regards the names, residences and status of the parties, but refutes portions of other paragraphs, for lack of adequate knowledge to form as to the truth thereof. Defendant denies particularly paragraph ten (10), claiming that the defendant after notice of the dishonored check practically abandoned to fund it. Defendant, through the internet replied dated February 12, 2010 stating that she was not able to fund the said check due to the series of losses suffered by her business. As a substitute, defendant will issue another check for the payment of the said commodities. Moreover, the defendant secured an offering of twenty thousand pesos (P20, 000.00) as a fractional payment for the commodities that were received last January of 2010 but the latter denied the same. Photocopy of said reply letter attached as ANNEX- E. Defendant rejects also the contention of the plaintiff that she employed deceit in the issuance of a dishonored check. In the case of People of the Philippines vs. Lea Sagan Juliano, the

Supreme Court held that in failing to prove the element of deceit by appellant, that prosecution failed to prove beyond reasonable doubt that appellant is guilty of Estafa under Article 315, paragraph 2 (d), of the Revised Penal Code. With that, the appellant did not constitute fraudulent acts that caused damages to the complainant. Defendant also denies paragraph thirteen (13) stating that the existence and amount of the interest. The agreement was not put into writing rather making it only a verbal agreement.

WHEREFORE, defendant respectfully prays that the complaint be dismissed due to lack of merit, with costs against the plaintiff.

Angeles City, December 8, 2010

ATTY. ANTONIO A. L. SANTOS Counsel for the Defendant

VERIFICATION

Defendant, of legal age, after having duly sworn, deposes and says:

That she has caused in the preparation of the foregoing answer with defenses, and the allegations therein are true and correct of his personal knowledge and/or based on the reliable records.

That she further states that the interest was made in oral and no written agreement was furnished between them.

Executed this 8th day of December, 2013 at Angeles City

SUBSCRIBED AND SWORN to before me this December 8, 2013 in Angeles City, Republic of the Philippines, affiant being personally known to me, and I certify that I have personally examined the affiant and I am fully contented that she willfully and spontaneously executed her affidavit and fully understood all contents thereof.

Doc No.: 48 Page No.: 44 Book No.: Y

Series of 2013

ANNEX E

January 20, 2014

SPOUSES LUCIA AND EZREAL GAREN 69 Rizal Extension Angeles City

Dear Sir and Madame:

I act contrite for the dishonor of said checks due to insufficient funds and instability of my business. I am willing to issue another check for the said commodities amounting to one hundred twenty-six thousand, four hundred ninety pesos (P126, 490.00) during these days.

Truly yours,

Morgana Rammus

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