sample of affidavits and counter affidavits

Republic of the Philippines}City of Zamboanga............}x--------------------------------x

AFFIDAVIT OF COMPLAINANT

I, Mohammad Antao, of legal age, married, Filipino, and a resident of Star St., Tumaga. Zamboanga City, after having been sworn to in accordance, depose and say:

1. That I am the duly-appointed Regional Director of the Department of Public Works and Highways Regional Office - IX;

2. That on January 15, 2014, on or about on or about 10:30 a.m. the Supply Officer Al-Rashid Siraji went to my office and started maligning me and uttered slanderous, malicious, and defamatory words against my person in this wise: “MARU! KAWATAN! BOBO!” (SLY! THIEF! STUPID!);

3. That I was checking his performance in the office and reminded him that poor performance will be ground to terminate his employment;

4. That his utterance is heard by Normilyn Miralpes, Maida Ismael and some employees outside my office;

5. That because of these slanderous and defamatory words, I felt belittled, ashamed and my reputation was tarnished and felt serious anxiety. Much more I felt severely humiliated in front of the employees who might lose respect and due regard to me, their Regional Director.

6. That I execute this affidavit freely and voluntarily in order to give my true and faithful account of the acts and committed against my person and to file a criminal complaint against Al-Rhasid Siraji

AFFIANT FURTHER SAYENTH NAUGHT

MOHAMMAD ANTAO

IN WITNESS WHEREOF I have hereunto set my hand and affixed my signature this 18th day of January, 2014 at Zamboanga City, Philippines.

GLICERIO EGOS JRSTATE PROSECUTOR II

CERTIFICATION

This is to certify that I personally examined the herein affiant and that I am fully satisfied that he voluntarily executed and understood his affidavit.



AFFIDAVIT

I, Normilyn Miralpes, of legal age, married, Filipino, and a resident of Zone 1, Zambowood, Zamboanga City, after been sworn to in accordance, depose and say:

1. That I was in the office of the Regional Director, on or about 10:30 o’clock in the morning;

2. That I was talking to Dir. Mohammad Antao when the Supply Officer, Al-Rashid Siraji arrived and verbally confronted Dir. Antao on why the Director reprimanded him;

3. That without warning he verbally assaulted the Director in my presence and shouted at the Director in this wise: “MARU! KAWATAN! BOBO!”(SLY! THIEF! STUPID!);

4. That I was shocked to witness that Al-Rashid Siraji lost all due respect and regard to our Regional Director by the way how he treated the latter;

5. That I execute this affidavit freely and voluntarily in order to give my true and faithful account of the acts and committed against the person Regional Director Mohammad Antao.

AFFIANT FURTHER SAYETH NAUGHT.

NORMILYN MIRALPES

IN WITNESS WHEREOF I have hereunto set my hand and my signature this 18 th day of January 2014 at Zamboanga City, Philippines.


CERTIFICATION




AFFIDAVIT

I, Maida Ismael, of legal age, single, Filipino, and a resident of Estrada St., Tetuan, Zamboanga City, after been sworn to in accordance, depose and say:

1. That I am the Secretary of the Regional Director of the Department of Public Works and Highways;

2. That I was in the office of the Regional Director, on or about 10:00 o’clock in the morning, encoding some important documents.

3. That around 10:30 a.m. when Supply Officer Al-Rashid Siraji went to the office of Dir. Mohammad Antao;

4. That he immediately confronted the Director Mohammad Antao on why he was being told since he is not even a part of the Department where Siraji was working;

5. The without warning that he verbally assaulted Director Antao in this wise “MARU! KAWATAN! BOBO!” (SLY! THIEF! STUPID!)

6. That I was shocked to witness that Al-Rashid Siraji lost all due respect and regard to our Regional Director by the way how he treated the latter;

7. That I execute this affidavit freely and voluntarily in order to give my true and faithful account of the acts and committed against the person of the Regional Director Mohammad Antao.

AFFIANT FURTHER SAYETH NAUGHT.

MAIDA ISMAEL

IN WITNESS WHEREOF I have hereunto set my hand and my signature this 18th day of January, 2014 at Zamboanga City, Philippines.


CERTIFICATION



REPUBLIC OF THE PHILIPPINESNATIONAL POLICE COMMISSIONPHILIPPINE NATIONAL POLICE

POLICE STATION – 7Gov. Ramos St., Sta. Maria

Zamboanga CityJanuary 15, 2014

PS6 –

CASE REPORT

CASE : Violation of Article 358 (Slander) of the RPCCOMPLAINANT : Mohammad Antao, 30 years old, married and a resident of Star St., Tumaga,

Zamboanga City.SUBJECT : Al-Rashid Siraji, 30 years old, married and a resident of Cabatangan, Zamboanga CityWITNESSES : 1. Normilyn Miralpes, 31 years old, single and a resident of Zambowood, Zamboanga

City 2. Maida Ismael, 28 years old, single and a resident of Tetuan, Zamboanga City

D/T/P of Incident : January 15, 2014 OOA 10:30 o’clock in the morning, at DPWH R-IX, Barangay Tumaga, Zamboanga City

______________________________________________________________________________Reference: Complaint Assignment Sheet No. 5678

On January 15, 2014 at about 7:30 in the evening, Mohammad Antao, Regional Director of DPWH Regional Office – IX appeared to this office and lodged a complaint against Al-Rashid Siraji, Supply Officer at DPWH Regional Office – IX, of legal age, married, a resident of Cabatangan, Zamboanga City, that on or about 10:30 in the morning of January 15, 2014, the latter uttered unpleasant words quote in this wise: “MARU, KAWATAN, AND BOBO”, which when translated in English language mean more or less: “SLY, THIEF, STUPID” after the former confronted the accused because of his poor performance in the office.

After receipt of this complaint, this investigator requested the appearance of herein respondent for confrontation for possible reconciliation in this office which was scheduled on January 17, 2014 at 10 O’clock in the morning, but herein respondent failed to come, whereby he informed this office thru telephone that he had an important matter to attend to. However, complainant appeared before this office bringing along with him a prepared affidavit including the affidavits of his two (2) witnesses which were subscribed before Glicerio Egos Jr, State Prosecutor II, January 15, 2014. Complainant eagerly manifested his desire to elevate the case in any court of law without having yet going through the process of Exhaustion of remedy or observing the compliance mandated under RA 7160 (otherwise known as the Local Government Code).

The foregoing facts in this instant case as asserted by complainant Mohammad Antao in his oath affidavit date January 15, 2014, before Glicerio Egos Jr,, State Prosecutor II of Zamboanga City, that on or about 10:30 in the morning, the Supply Officer Al-Rashid Siraji went to his office and started maligning him and uttered malicious, slanderous, and defamatory words which quoted in this wise: “MARU, KAWATAN, BOBO!”. When interpreted or translated in English language mean more or less “SLY, THIEF, STUPID”. The incident happened where herein complainant confronted the latter.

The said incident was heard by Normilyn Miralpes and Maida Ismael who likewise substantiated and corroborated the allegations of the complaint. However, this investigator was not to personally interview or jot down the statements of the witnesses because they did not appear to this station, instead only their prepared affidavits were submitted. The undersigned investigator recommends this case for further and thorough evaluation.

Prepared by:

Alvir Carabot-Investigator

Noted by:

SPO1 Shariff Alsree, PNPChief, Investigator, PS7 (ZCPO)

Approved by:

Ahmed-Arqhan AliChief of Police, PS7, (ZCPO)

Republic of the PhilippinesDepartment of Justice

OFFICE OF THE CITY PROSECUTORZamboanga City

RE: COMPLAINT AGAINST AL-RHASID SIRAJIFOR SLANDER UNDER NPS DOCKET No. IX-14-INV-09A-00114x-------------------------------------------------------------------------------x

RESOLUTION

This resolves the complaint for Slander filed by complainant Mohammad Antao against above named respondent.

Complainant, the Regional Director of the Department of Public Works and Highways Regional Office 9, this city, claims that around 10:30 o’clock in the morning of January 15, 2014, respondent who is the Supply Officer of said office went to his office and started maligning him by uttering the following defamatory words at him: “MARU! KAWATAN! BOBO!”(“SLY! THIEF! STUPID!”). Said utterance was allegedly witnessed by Normilyn Miralpes and Ismael Maida who in their respective Affidavit corroborate the claims of the complainant.

Both contending parties are public officers and the incident occurred within the office of the complainant who is the Regional Director in the presence of the employees of the said office.

WHEREFORE, finding probable cause, let an Information charging respondent Al-Rashid Siraji with GRAVE SLANDER be filed in court.

Zamboanga City, Philippines, January 25, 2014.

GLICERIO EGOS JR3rd Assistant City Prosecutor

RECOMMENDING APPROVAL

ANTONIO ROBERTO JR1st Assistant City Prosecutor

APPROVED:

IMRAN PANGILINANCity Prosecutor

(Republic of the Philippines )(City of Zamboanga…………. ) SS(XXX………………………………. )

AFFIDAVIT I, Sarah Alijuddin, 24 years old, single and a resident of Tumaga, Zamboanga City, after having been duly sworn to in accordance with law, do hereby depose and say: that-

1. I work as Human Resource Staff of the Department of Works and Highway located at Tumaga Zamboanga City;

2. I have known Al-Rhasid Siraji as a supply officer who is working for the department for almost five years;

3. He is known to be a funny and cheerful man in the office and he is always joking around;4. On January 15, 2014, during our office break, when I was about to submit my report to

the administration office, I heard Al-Rhasid making fun with his colleague Alvir Carabot, calling him MARU! KAWATAN! BOBO!” (SLY! THIEF! STUPID!) in a mischievous manner since they were having their usual conversation with one another;

5. I saw the Regional Director few meters away where Al-Rhashid was located;6. I am executing this affidavit of my own free will and volition and to attest the veracity and

truthfulness of the above-cited facts

Affiant further sayeth naught.

SARAH ALIJUDDINAffiant

WITNESS WHEREOF I have hereunto affixed my signature this 20th day of January, 2014, in the City of Zamboanga, Philippines.

SUBSCRIBED AND SWORN to before me this 20th day of January, 2014, Zamboanga City, Philippines

GLICERIO EGOS JR 1st Assistant City Prosecutor

CERTIFICATION THIS IS TO CERTIFY that I have personally examined the herein affiant and that I am fully satisfied that he/she voluntarily executed his/her affidavit.



AFFIDAVIT I, Alvir Carabot, 26 years old, single and a resident of Guiwan, Zamboanga City, after having been duly sworn to in accordance with law, do hereby depose and say: that-

1. I am employed in the Department Works and Highway and assigned in the Engineering Office;

2. I have known Al-Rhasid Siraji since he was my classmate in college and good friends until now;

3. On January 15, 2014, I have seen Siraji with the Regional Director in the latter’s office since they were conversing with something;

4. When he leave before the presence of our Regional Director, he saw me in the hallway while I was waiting for him;

5. We started calling each other with different names, he called me “MARU! KAWATAN! BOBO!” (SLY! THIEF! STUPID!) but those were nothing personal to me since we were having fun at all;

6. I have known Siraji to be a funny and cheerful man;7. I am executing this affidavit of my own free will and volition and to attest the veracity and

truthfulness of the above-cited facts


ALVIR CARABOTAffiant







AFFIDAVIT OF COMPLAINTI, Al-Rhasid Siraji, 25 years old, single and a resident of Cabatangan, Zamboanga

City, after having been duly sworn to in accordance with law, do hereby depose and say: that-

8. I was the accused on the criminal case No. 49105 on grave slander filed by Mohamad Antao, the Regional Director of Department of Public Works and Highway where I was also working as a supply officer ;

7. Sometime on January 15, 2014, at around 10:30 in the morning, I went to the Regional Director’s office per instruction of the Supply Officer III since he told me that I was called;

8. Upon arriving in the office, the Regional Director reprimanded me on the ground that he said I was an irresponsible employee;

9. I went out of the office and passed through the hallway, where I saw Alvir Carabot who was my close friend in college; we used to call each other in different names and different slang words;

10. I started to call him, “MARU! KAWATAN! BOBO!” (SLY! THIEF! STUPID!) but were never offensive for us since we used to call each other with those words;

11. I did not notice the presence of the Regional Director and the words uttered were not for him;

12. I am executing this affidavit of my own free will and volition and to attest the veracity and truthfulness of the above-cited facts.


AL_RHASID SIRAJIAffiant






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