Republic of the Philippines

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE PROVINCIAL PROSECUTOR
TAGBILARAN CITY, BOHOL

CHRISTINE TORRALBA y MAGDALENA

Complai
nant,
-versus-

I.S. No. 001099

For: ACTS OF
LASCIVIOUSNESS

DONALD CABIDO y LARA

Respondent.
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ANSWER/COUNTER-AFFIDAVIT

I, DONALD CABIDO y LARA, Filipino, of legal age, single and a resident

of Poblacion, Baclayon, Bohol, Philippines, after having been duly sworn to in
accordance with law, hereby depose and state that:
1. I am the accused in Criminal Case No. 1002 for the crime of RAPE
under Article 266-A of the Revised Penal Code;
2. Despite being physically disabled, I am employed as a utility man of
Bohol Royale Blind Massage Clinic (BRBMC) at Tamblot St., Tagbilaran
City, Bohol, Philippines by providing support in repairing potholes and
gutters, assisting office staff in custodial services and grounds
keeping activities, cleaning and maintaining floor surfaces and
windows, empty trash receptacles and ensure appropriate disposing
off of trash, and cleaning restrooms and replenishing supplies;
3. I neither molest nor come up to the point of raping the Complainant
(Christine Torralba y Magdalena) as alleged in her ComplaintAffidavit;
4. I deny all the allegations set forth in the Complaint-Affidavit for lack
of knowledge as to the truth of the said allegations, the truth being
that:

a. On the 26th day of October, 2016, I was at the place of my work in

Bohol Royale Blind Massage Clinic (BRBMC) at Tamblot St.,
Tagbilaran City, Bohol, Philippines supposedly working the regular
hours of duty from 8 oclock in the morning to 5 oclock in the
afternoon;
b. That on the same day at past 5 oclock in the afternoon, I was
already heading home after a very long and tiring day of work
cleaning the restrooms and floor surfaces.
c. That the receptionist-cashier, Mr. Rodrigo K. Santos, a.k.a. Nong
Rudy, personally asked me to stay and work overtime after he
discovered numerous tiny potholes near the entrance of the
massage rooms, some inside the massage rooms, outside the
restroom and the entrance door, and holes in the gutter that
requires immediate fixing for it may be a cause of an accident if
not to be acted immediately;
d. That I took the initiative to call the clinics outsourced utility man,
my brother-in-law, Christian Tortor, to do the repairs with my
assistance. I called him right away and he arrived at the clinic
around 5:45 in the afternoon on that same day;
e. That my brother-in-law and I decided to seal the holes in the
gutters first since the day is already at twilight. He spearheaded
the covering of holes in the gutter with my support and assistance
since I cant climb the stairs and reach the gutter because of my
physical disability;
f. That at around 7:15 in the evening, we finished covering up the
holes in the gutter and decided to continuously repair the potholes
near the entrance of the massage rooms, some inside the
massage rooms, outside the restroom and the entrance door
setting aside dinner at that time because he told me he will treat
me for one right after our tasks;
g. That I was tasked to mix and pull up the cement and sand while
my brother-in-law adds water into the mixture until its perfect
consistency is ready for filling-up the holes in the floor;
h. That before we started filling up the potholes in the floor, and
since we were already hungry, we lit up a few sticks of cigarettes
outside the building for almost 10 minutes;
i. That at approximately 8 oclock in the evening, we head back to
the clinic and started filling up the potholes in the floor with
cement I was in charged with filling up all the potholes near the
entrance of the massage rooms, some inside the massage rooms,

outside the restroom and the entrance door while my brother-inlaw was tasked to refill the cement;
j. That it is physically impossible for me to commit the crime
charged because I had been doing the foregoing task up until
10:15 in the evening and that my brother-in-law regularly
checked my work every time I finish covering up a pothole;
k. That from the time we finished covering up the potholes, we
cleaned the tools that we used by the faucet located at the back
part of the building and that my brother-in-law was with me all
the time;
l. That while heading out, we noticed some commotion at the
waiting room reserved for female massage therapists where we
saw Nong Rudy, the complainant, and her sister. The sister
pointed at me, shouted, and accused me of touching the
complainant.
5. The allegations stated in the Affidavit-Complaint are mere malicious
fabrications by the complainant which may have been spurred by the
bitter enmity harbored by members of her family arising from a
property dispute that involved both our families, which case had
already been decided in finality by the Supreme Court to our favor,
and as a result of which the members of the complainant's family
have repeatedly hurled verbal threats against me and my siblings
that they would get back at us in whatever way possible.
6. I am executing this Counter-Affidavit for the purpose of attesting to
the truth of the foregoing statements, to inform the proper
authorities of the above facts, to support my prayer for the dropping
or dismissal of the instant case against me and for whatever purpose
this may serve best.
IN WITNESS WHEREOF, I have hereunto set my hand this
November 3, 2016 in the City of Tagbilaran, Bohol, Philippines.

DONALD L. CABIDO
Affiant

SUBSCRIBED AND SWORN TO BEFRORE ME, this 3rd day of

November 2016 in the City of Tagbilaran, Bohol, Philippines. I further certify
that I have personally examined the herein complainant and I am satisfied
that she voluntarily and freely executed and understood her affidavit.

ATTY. HUAN R. BANTAY

Notary Public
Tagbilaran City, Bohol, Philippines
PTR No: 04369143
MCLE Compliance No: 009142013

Doc. No: 123

Page No: 4
Book No: 5
Series of 2016.

CERTIFICATION

This is to certify that I have personally examined the herein affiant and
that I am satisfied that he voluntarily executed and understood his
statementsin this Counter Affidavit.

RIBIK R. TORTOR
Prosecutor I