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ANSWER TO REPLY
(REJOINDER)
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4. That Complainant’s allegations in paragraph 2-2 on her Reply
that respondent’s submission in his Answer (Sworn Statement) is
bereft of truth and lack legal basis or that the submission is a
mere imagination or machination is utterly untrue owing to the
fact that the said submission was supported by a valid and
properly executed document, i.e., “Sinumpaang Salaysay” o “Pag-
uurong ng Sakdal o Demanda”.
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6. Complainant’s allegation in paragraph 2.3 (c) that the Affidavit of
Desistance is defective or suffers legal infirmity because the minor
complainant was assisted only by her aunt who does not have a
legal personality is self-serving and warrants no consideration
because under Article 216 of the Family Code, in default of
parents or a judicially appointed guardian, the following persons
shall exercise substitute parental authority over the child in the
order indicated:
1.) xxxxxxxxxx
2.) xxxxxxxxxx
3.) The child’s actual custodian, over twenty-one years of age,
unless unfit or disqualified.
Assuming for the sake of argument that indeed PO3 Jenny Allaga
has no legal personality to assist and act as guardian for the
minor complainant in the execution of the Affidavit of Desistance,
then logic dictates that this case should instantly be dismissed
because this action stemmed from a fatally defective complaint-
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affidavit where the same PO3 Jenny Allaga acted and stood as
guardian for the minor complainant. To hold otherwise would be
the height of injustice.
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P/Senior Inspector Jose J. Sayao, GR No. 154243, December
22, 2007);
11. That the allegations of the Complainant in paragraph 2-3 (f) that
the Affidavit of Desistance was not explained to her is specifically
denied. The truth of the matter is that the “Sinumpaang Salaysay
(Pag-uurong ng Sakdal o Demanda) was written in plain tagalong
which can be understandable easily by the Complainant, a
student and her Aunt, PO3 Jenny W. Allaga. Furthermore, the
said Sinumpaang Salaysay was signed and sworn to by the Assist.
City Prosecutor, Juliett V. Ibana that the content thereof had been
understand by the Complainant, to wit: “Ito ay pagpapatunay na
tiniyak kong naintindihan ng mga nagsasalaysay ang
nilalaman ng salaysay na ito sa pamamagitan ng pagtatanong
ko ng mga mapanuring katanungan at napatunayan ko na ito
ay kanilang naintindihan at naunawaan at bukal sa kanilang
kalooban”;
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While it is true that the dismissal of the criminal case does
not carry with it the dismissal of the administrative case but
where the facts from which administrative liability might
arise did not exist at all, such as in the instant case, then
such administrative case shall similarly be dismissed.
Respectfully Submitted.
SUBSCRIBED AND SWORN to, before me this 30th day of March 2010, at
City of Sta. Rosa, Laguna, Philippines.
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