Toto and Jake Luchavez counter affidavit (Jan 22, 2014)

Toto and Jake Luchavez filed a counter affidavit on Jan 22, 2014. In the first part, they argue the complaints against them should be dismissed entirely because they are too vague and because the statements were made after an illegal warrantless arrest. In the second part, they argue about the substance of the charges themselves.


We would like to point out that at the time the alleged crime was committed, which was about nine (9) years ago, respondent Jake was actually just a minor himself. Hence, it is quite hard to believe that two boys were forced, threatened, or intimidated to perform fellatio by another boy just a few years their senior.

Moreover, a scrutiny of the Sinumpaang Saiaysay of {Redacted} dated 11 January 2014 shows that {Redacted} made no mention that he and {Redacted} were forced to do what {Redacted} is accusing respondent Jake.

Moreover, the allegation of {Redacted} in paragraph 15 of his affidavit that he allegedly feels fear and anxiety whenever he is with either of us is totally contradicted by the fact that he often played basketball with respondent Jake, the most recent instance was only last 10 January 2014. It is quite incomprehensible that a person who has allegedly suffered a very traumatic experience can casually engage in a friendly game with the person who caused said trauma. Hence, based on {Redacted}’s aforementioned conduct, it can be safely assumed that there was no traumatic experience to speak of.

View Luchavez Affidavit