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Counter Affidavit of Maria Krizza Dingal

Maria Krizza Dingal submits a counter affidavit denying accusations of theft made by Christopher Eric Labadia Abejar, claiming the allegations are baseless and fabricated. She states that on the night of December 24, 2017, she was at home with her family and did not steal anything. Witness Anthony V. Bunzo supports her claims, asserting that no theft occurred and that the case was not referred for barangay mediation as claimed by the complainant.

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Bai Alefha Hannah Musa-Abubacar
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24 views3 pages

Counter Affidavit of Maria Krizza Dingal

Maria Krizza Dingal submits a counter affidavit denying accusations of theft made by Christopher Eric Labadia Abejar, claiming the allegations are baseless and fabricated. She states that on the night of December 24, 2017, she was at home with her family and did not steal anything. Witness Anthony V. Bunzo supports her claims, asserting that no theft occurred and that the case was not referred for barangay mediation as claimed by the complainant.

Uploaded by

Bai Alefha Hannah Musa-Abubacar
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Republic of the Philippines . . . .

)
Municipality of Alabel . . . . . . . . ) S. S.
Province of Sarangani . . . . . . .)
X - - - - - - - - - - - - - - - -- - - - - - X

COUNTER AFFIDAVIT
(NPS DOC. NO. XII-07-INV-18A-00029)

I, MARIA KRIZZA DINGAL, of legal age, single, Filipino, resident of Sitio


Valencia, Barangay Alegria, Alabel, Sarangani Province, after having been
duly sworn to in accordance with law, hereby depose and say:

1. That, herein affiant vehemently denied the accusations leveled


against me as they are patently baseless, fabricated and
defamatory. Being God-fearing and law-abiding person, I can swear
by my life and honor that I did not do the acts being imputed
against me. The true narration of facts are as follows:;

2. That, on December 24, 2017 at around 09:30 in the evening, I was


with my live-in partner, children and my in-laws at our house. I was
busy taking care of my children when the complainant, Christopher
Eric Labadia Abejar, went to our house confronting me of an offense
that I never did. The complainant accused me that I allegedly took
his wallet telling me that their room has installed CCTV. That I never
admitted stealing anything from the complainant nor had I returned
him of his wallet as I never did such act.

3. That all the allegations of the complainant were all fabricated and a
product of his wide imagination. The complainant’s claim that the
case was referred for Barangay settlement/mediation on December
28, 2017 was a complete lie. In fact, the complainant could not
show any document to prove that this case was referred to the
barangay for the required mediation. He could not secure a
Certificate to File Action because this was not actually referred to
barangay before resorting to court action. Moreover, the
complainant at the first place would not refer the case as the herein
complainant never did such thing.

4. Thus, I hereby execute this counter affidavit to attest to the truth of


the foregoing facts and circumstances, and to pray for the outright
dismissal of this case.

IN WITNESS WHEREOF, I hereby affix my signature this 23rd day of


February 2018, in Alabel, Sarangani Province.

MARIA KRIZZA DINGAL


Affiant

SUBSCRIBED AND SWORN to before me this day of February


2018, in Alabel, Sarangani Province. I HEREBY CERTIFY that I have personally
examined the herein affiant and that I am fully satisfied that he voluntarily
executed and understood his affidavit.
Republic of the Philippines . . . . )
Municipality of Alabel . . . . . . . . ) S. S.
Province of Sarangani . . . . . . .)
X - - - - - - - - - - - - - - - -- - - - - - X

AFFIDAVIT OF WITNESS

I, ANTHONY V. BUNZO, of legal age, single, Filipino, resident of Sitio


Valencia, Barangay Alegria, Alabel, Sarangani Province, after having been
duly sworn to in accordance with law, hereby depose and say:

1. That, herein affiant vehemently denied the accusations leveled


against the respondent, MARIA KRIZZA DINGAL, as they are
patently baseless, fabricated and defamatory. The true narration of
facts are as follows:;

2. That, I personally know the respondent because I am his live-in


partner. That on December 24, 2017 at around 09:30 in the evening,
we were in our house with the respondent, our children and my
parents when the complainant, Christopher Eric Labadia Abejar,
went to our house accusing the respondent of an offense that she
never did. We were all surprised by the accusations against the
respondent as I was with her throughout the day. The allegations
that the respondent handed the complainant the stolen wallet was a
complete lie. It cannot be done because at the first place, there was
no stolen wallet in the possession of the respondent much more she
stolen such wallet. That the complainant’s allegations that this case
was subject for Barangay Mediation/Conciliation was also
fabricated. There were no summons from the Barangay requiring
the respondent to attend because the truth was there was no
stealing happened which was committed by the respondent.

3. Thus, I hereby execute this counter affidavit to attest to the truth of


the foregoing facts and circumstances, and to pray for the outright
dismissal of this case.

IN WITNESS WHEREOF, I hereby affix my signature this 23rd day of


February 2018, in Alabel, Sarangani Province.

ANTHONY V. BUNZO
Affiant

SUBSCRIBED AND SWORN to before me this day of February


2018, in Alabel, Sarangani Province. I HEREBY CERTIFY that I have personally
examined the herein affiant and that I am fully satisfied that he voluntarily
executed and understood his affidavit.

Common questions

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An affidavit is a written statement sworn to be true, used as evidence in legal proceedings. Both Maria Krizza Dingal and Anthony V. Bunzo provide affidavits to formally and legally assert their version of the events and to counter the accusations leveled against Dingal. These affidavits serve as crucial documentation to attest to the truth of their narratives, aiming for the dismissal of the case against Dingal .

Anthony V. Bunzo corroborates Maria Krizza Dingal's account by affirming he was with her at the time the alleged offense occurred, and he asserts that the accusations regarding the stolen wallet are false. By supporting Dingal's statement with similar details, Bunzo's testimony strengthens her defense, potentially weakening the complainant’s case by presenting a consistent alternative narrative. This alignment in testimony can cast doubt on the complainant's credibility and the authenticity of his claims .

The affidavits illustrate how familial and social relationships are pivotal. Maria Krizza Dingal's relationship with Anthony V. Bunzo, her live-in partner who supports her narrative, serves to personalize and substantiate her defense. The involvement of in-laws and children adds layers of complexity, showcasing how accusations can disrupt social harmony and trust within tight-knit community settings. These dynamics not only affect the legal narrative but potentially influence the perception and support from others within their community .

Both Maria Krizza Dingal and Anthony V. Bunzo focus on the absence of evidence, such as the complainant's inability to produce a Certificate to File Action or any records from Barangay mediation, to strengthen their defense. By highlighting the lack of procedural documentation and evidence supporting the allegations, they pivot the argument to question the credibility and validity of the claims, leveraging the legal principle that without evidence, allegations remain unsubstantiated .

The language in both affidavits is strategically used to assert innocence emphatically, describing the accusations as 'baseless,' 'fabricated,' and a 'product of imagination.' This consistent use of strong, dismissive language aims to unequivocally refute the complainant’s claims, casting them in an unflattering and unreliable light. By doing so, Dingal and Bunzo aim to influence the perception of credibility and truth in their favor, asserting their narratives with confidence and clarity, which is crucial in legal defenses .

Both Maria Krizza Dingal and Anthony V. Bunzo emphasize the non-existence of Barangay mediation records to illustrate the inconsistency and lack of procedural foundation in the complainant's allegations. The absence of such documentation suggests that the complainant did not follow the legal protocols required before pursuing court action, thus calling into question the legitimacy and preparedness of the case against Dingal. Highlighting this also assists in fortifying their argument for the case's dismissal .

Both Maria Krizza Dingal and Anthony V. Bunzo described the events on December 24, 2017, similarly, stating that they were at their house with their children and in-laws when the complainant accused Dingal of stealing his wallet. Dingal and Bunzo both deny the accusations, insisting that no theft occurred and highlight that there were no proceedings initiated in the Barangay for mediation. Their narratives reinforce each other, suggesting the allegations are baseless and fabricated .

The affidavits suggest that Christopher Eric Labadia Abejar's allegations might lead to legal consequences for himself if proven fabricated. If the case were dismissed based on evidence of fabrication, Abejar could potentially face charges related to filing false claims or defamation, assuming the court concludes that his accusations lack factual basis and he acted with malice or negligence .

Maria Krizza Dingal points out that the complainant's claim about the case being referred to Barangay settlement or mediation was false, as he could not show any documented evidence such as a Certificate to File Action typically required for such processes. She argues that had the case been genuinely referred for mediation, proper documentation would exist, thus revealing procedural inconsistencies in the complainant's claims .

Maria Krizza Dingal invokes her character by describing herself as God-fearing and law-abiding. By asserting these traits, she aims to undermine the plausibility of the accusations, suggesting that they are inconsistent with her known behavior and moral standards. This appeal to character evidence is an attempt to enhance her credibility and assert that such an offense, as stealing, is incongruent with her personal values .

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