Counter - Affidavit Manalaysay
Counter - Affidavit Manalaysay
Counter - Affidavit Manalaysay
DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
VICTORIANO E. ATIENZA,
Complainant,
NPS NO. IV-07-INV-15F00156
-versusGrave Threats
LEE S. MANALAYSAY,
Respondent.
x---------------------------------------------x
COUNTER AFFIDAVIT
I, LEE MANALAYSAY, Filipino, of legal age with postal address
at of Block 6, Sta. Maria Village,Calapan City, Oriental Mindoro
and currently employed as Harbor Operation Officer A of the
Philippine Ports Authority currently stationed at the Port of
Bulalacao, Oriental Mindoro, after having been duly sworn to in
accordance with law, do hereby depose and state that:
1. That I am the respondent in the above-captioned case;
2. That I have received an Order 03 August 2015 from this
Honorable Office on 21 August 2015 (although our office
informed me that the same was received by them on 20
August 2015);
3. That the Order states among others that I have 10 days to
submit my counter affidavit 10 days from receipt of said
Order. Hence, I still have until today, 01 September 2015
to submit the same counting from the date of receipt of
our office. (the 30th of August 2015 being a Saturday and
31 August 2015, a Monday, is a non-working holiday);
4. That I am vehemently denying the charges levelled
against me by the Complainant;
5. The truth of the matter being the following;
COUNTER AFFIDAVIT
Atienza vs. Manalaysay
NPS NO. IV-07-INV-15F-00156
Violation of RA 3019 & Grave Threats
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COUNTER AFFIDAVIT
Atienza vs. Manalaysay
NPS NO. IV-07-INV-15F-00156
Violation of RA 3019 & Grave Threats
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COUNTER AFFIDAVIT
Atienza vs. Manalaysay
NPS NO. IV-07-INV-15F-00156
Violation of RA 3019 & Grave Threats
Page 4 of 14
4 Annex 4 Barangay Blotter from the Office of the Punong Barangay Balatero,
Puerto Galera, Oriental Mindoro
5 Annex 5 Certification from the Philippine Ports Authority
6 Annex 6 Performance Evaluation of the Respondent
7 Annex 7 OPP Oriental Mindoro Resolution dated 14 July 2015 in relation to this
case
COUNTER AFFIDAVIT
Atienza vs. Manalaysay
NPS NO. IV-07-INV-15F-00156
Violation of RA 3019 & Grave Threats
Page 5 of 14
COUNTER AFFIDAVIT
Atienza vs. Manalaysay
NPS NO. IV-07-INV-15F-00156
Violation of RA 3019 & Grave Threats
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ii.
COUNTER AFFIDAVIT
Atienza vs. Manalaysay
NPS NO. IV-07-INV-15F-00156
Violation of RA 3019 & Grave Threats
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ii.
iii.
iv.
20. That at the get go, the third and fourth elements are
not even present in the said complaint;
21. That the Supreme Court was clear when it defined
manifest partiality, bad faith and gross negligence in the
case of Fonacier, et. al. vs. Sandiganbayan, et.al., 11
"Partiality"
is
synonymous
with
"bias" which "excites a disposition to
10 Ampil vs. The Honorable Office of the Ombudsman, et.,al. G.R. No. 192685, July
31, 2013
11 238 SCRA 655
COUNTER AFFIDAVIT
Atienza vs. Manalaysay
NPS NO. IV-07-INV-15F-00156
Violation of RA 3019 & Grave Threats
Page 8 of 14
COUNTER AFFIDAVIT
Atienza vs. Manalaysay
NPS NO. IV-07-INV-15F-00156
Violation of RA 3019 & Grave Threats
Page 9 of 14
motor
banca
operators
by
blocking
RORO
operations. Relying on his intuitions over my
alleged inclinations will not to lit the smallest of
flame that would compel the State to use its
resources for litigation. Thus, no substantiation of
my partiality or bias were made by the
Complainant;
24. That to be candid, it is the Complainant who might have
a vested interest in fabricating this complaint when he
uttered the words that Ewan ko ba kung bakit napunta sa
PPA ito, malaki na gastos ko dito.This shows that he
has been uncomfortable with the fact that the
agency I serve is now the one operating the port
and not the local government. Thus, Complainant
wanted the PPA to be out of the picture in the operations
of the Port of Puerto Galera;
25. That gross negligence is most especially not present.
No allegations were once again substantiated in the shot
gun complaint. Only conjectures without backbone
concocted to malign me seems to be writing on the wall
so they say;
26. That as to his claim that I only report to duty at my
station mostly weekend and that I am using the port
facilities for pleasure and residence is very much out of
touch with reality;
27. That the complaint itself would reveal that the
allegation in the preceding paragraph is a product of
hearsay. By his own words, Complainant revealed
that he was just only told by others. Hearsay
claims coupled with bugling web of lies is a potent
combination that would warrant the dismissal of his
Complaint;
28. That as to his allegation that Complainant was not able
to meet me and he has been coming back and forth at my
office is so much vague to connote into my misconduct as
COUNTER AFFIDAVIT
Atienza vs. Manalaysay
NPS NO. IV-07-INV-15F-00156
Violation of RA 3019 & Grave Threats
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COUNTER AFFIDAVIT
Atienza vs. Manalaysay
NPS NO. IV-07-INV-15F-00156
Violation of RA 3019 & Grave Threats
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ii.
ii.
iii.
COUNTER AFFIDAVIT
Atienza vs. Manalaysay
NPS NO. IV-07-INV-15F-00156
Violation of RA 3019 & Grave Threats
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COUNTER AFFIDAVIT
Atienza vs. Manalaysay
NPS NO. IV-07-INV-15F-00156
Violation of RA 3019 & Grave Threats
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38.
This is a clear indication that the complaint is a
complete sham that is full of loopholes and constructed to
put up a make believe scenario that the Complainant was
the victim when all indicators and priors are stacked up to
the contrary. Put it bluntly, I am the victim here;
39. That in the end, the Complaint does not engender a
well-founded belief that I committed the crimes Im
accused of. It is akin to a poorly written work of fiction that
is full of inconsistencies and wayward assertions;
40. That I am humbly beseeching the kind indulgence of
the Honorable Regional State Prosecutor (herein Acting
Provincial Prosecutor for Oriental Mindoro) to dismiss this
case outright which, to my view is an attempt to harass,
malign and impugn my dignity as a person and as an
honest government employee by abusing the criminal
prosecution arm of the government and put into waste
precious resources of the Department of Justice to pursue
his vile motives;
01 September 2015, City of Calapan for San Pablo City,
Laguna.
LEE S. MANALAYSAY
Respondent/Affiant
CERTIFICATION
SUBSCRIBED AND SWORN to before me this _________,
2015 in the City Prosecution Office of Calapan City. Affiant
COUNTER AFFIDAVIT
Atienza vs. Manalaysay
NPS NO. IV-07-INV-15F-00156
Violation of RA 3019 & Grave Threats
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