Republic of the Philippines
DEPARTMENT OF JUSTICE
National Prosecution Service
Office of the Provincial Prosecutor
Agusan del Norte
MELBA G. CABARLES NPS DOC. XIII-02-INV-20I-00205
Complainant
Versus – For:
“ESTAFA”
ENGR. JOEL E. DIGAMON
Respondent
/-----------------------------------------------------/
COUNTER-AFFIDAVIT
I, ENGR. JOEL E. DIGAMON, of legal age,
Filipino, married, a resident of Kinabjangan,
Nasipit, Agusan del Norte, after having been sworn in
accordance with law, do hereby depose and state:
1.I am the respondent in this case;
2.I deny these accusations against me that I
defrauded complainant or his sister;
[Link] contract with complainant and sister
specifically states that I will sell her that land
titled under TCT no. 158-2015000132 and will
construct thereon, a residential building for 2.2
M, for which complainant will pay me the following
amounts-
[Link]. 50,000.00 upon signing of the contract;
[Link]. 200,000.00 to be paid on August 31, 2018;
[Link] remaining amount (Php. 1,950,000.00) will be
paid from the proceeds of the PAG-IBIG loan of
the complainant’s sister.
(see ANNEX “A” to Complainant’s Affidavit.)
[Link] the money that I received from complainant, I
used in the construction of the residential
building that I obligated myself to construct for
her.
I even spent my own money just to comply with said
obligation.
In fact, I have spent almost Php. 500,000.00 for
said construction.
(refer to Please the pictures of the building,
attached to Complainant’s Affidavit and marked as
ANNEX “K” and “L”)
5. I stopped said construction because my finances
could not anymore sustain it after I learned that
complainant’s sister was not even a PAG-IBIG member
and hence, cannot avail of any loan from the
financial institution.
[Link] or her sister cannot force me to build
that residential building from my own pockets.
Our contract is very clear. The remaining Php. Php.
1,950,000.00 will be paid from the proceeds of the
PAG-IBIG loan of complainant’s sister.
However, to my great shock and surprise,
complainant’s sister was not even a PAG-IBIG
member.
[Link] or his sister cannot claim that I
defrauded them.
Whatever I received I from them, I used it in the
construction of the building.
The pictures of said building will bear me out.
[Link], it is not true I am not the owner of
the land that I sold to complainant’s sister and
upon which, the unfinished building sits.
I am attaching hereto the Deed evidencing my
purchase of said land from the registered owner,
marked as ANNEX “1”.
9.I am the victim here. I spent my personal money in
constructing that building for complainant’s
sister, which she does not want to pay, on a land,
which also she did not pay.
To date, to my damage and prejudice, I am left with
an unfinished building, all because of complainant
and her sister’s misrepresentation.
10. I execute this Affidavit to proclaim my
innocence. I pray for the dismissal of the
complaint.
IN WITNESS WHEREOF, I have hereunto set my hand
this _______________________________at Butuan City,
Philippines.
ENGR. JOEL E. DIGAMON Affiant
ID__________________
SUBCRIBED AND SWORN to before me this
____________________________ at Butuan City,
Philippines, affiant exhibiting to me his competent
evidence of identity, as above-indicated, thus
satisfactorily having proven his identity to me.
CC:
by registry mail due to distance consideration
and lack of personnel to effect personal service-
Atty. Araceli O. Luyahan-Morcilla
Counsel for complainant
First Door.G/F, Lucebenino Bldg
JC Aquino Ave., Butuan City
Reg. mail no. __________________________