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Joint Rejoinder Affidavit Sample

1. Andres Bonifacio and Andres Bonifacio Jr. filed a joint rejoinder-affidavit in response to a complaint of estafa filed against them by Juana de la Cruz. 2. They deny the allegations in the complaint and reply that the APECO projects they had discussed did exist, as evidenced by the contract signed between the parties to use the borrowed funds for the projects. 3. They assert that the full amount borrowed was used for transportation, representation expenses, and other costs related to pursuing the APECO projects, and that they returned a partial amount while waiting for further advice from APECO on the projects.

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Orcina Leonardo
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576 views

Joint Rejoinder Affidavit Sample

1. Andres Bonifacio and Andres Bonifacio Jr. filed a joint rejoinder-affidavit in response to a complaint of estafa filed against them by Juana de la Cruz. 2. They deny the allegations in the complaint and reply that the APECO projects they had discussed did exist, as evidenced by the contract signed between the parties to use the borrowed funds for the projects. 3. They assert that the full amount borrowed was used for transportation, representation expenses, and other costs related to pursuing the APECO projects, and that they returned a partial amount while waiting for further advice from APECO on the projects.

Uploaded by

Orcina Leonardo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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Republic of the Philippines

Department of Justice
NATIONAL PROSECUTION SERVICE
Office of the City Prosecutor
City

JUANA DE LA CRUZ,
Complainant,
NPS Docket No.
FOR: ESTAFA
-versus-

MARIA MERCEDES, ANDRES


BONIFACIO, AND ANDRES
BONIFACIO, JR.
Respondents.
x-------------------------------------------------x

JOINT REJOINDER-AFFIDAVIT

WE, ANDRES BONIFACIO AND ANDRES BONIFACIO,

JR., of legal ages, Filipinos, and with residence and postal

address at Paranaque City, after having been duly sworn to in

accordance with law, do hereby state under oath, that:

1. As respondents in the instant case, we have been in

receipt of the Reply dated 15 August 2013 on 16 August 2013.

2. We deny the allegations under paragraph 3 of the Reply

that “the alleged APECO projects did not exist at all as they did

not materialize”, for lack of knowledge to form a sufficient belief

as to the truthfulness of the same. The fact that there was a


“Contract for Delivery And Payment Of Money” executed

between the parties, which even provided for onerous interest

therein, only shows that indeed, both parties believed of the

existence of the APECO project. Parties would not have entered

into the said contract, if they did not believe in such project.

3. We specifically deny the allegations in paragraph 4 of

the Reply, the fact being that it is stated in their Contract for

Delivery and Payment of Money1 that the amount borrowed shall

be used exclusively for the facilitation of the APECO project.

Complainant is very much aware of the need of the respondents

in borrowing the said amount from her. Parties met several times

before the agreement was executed.

4. We deny the allegations in paragraphs 5 and 6 of the

Reply, the fact being that the project is located in Aurora, would

only mean that the transportation and representation expenses

needed would be substantial, if not, would eat a portion of the

amount borrowed. Respondents were expecting to get a notice

of award in one of the APECO project, that’s why several trips


1
b. On the basis of the representations of the FIRST PARTY that they will
secure notice/s of award for the project/s within 15 working days from date of
execution hereof, they shall use the principal sum exclusively to facilitate the
on-going project/s in APECO, with the further agreement that upon issuance of
the necessary notice of award to the FIRST PARTY’s contractor of choice, they shall
return the principal amount of P300,000.00 plus interest equivalent to 1% of the
total cost of the project/s which the FIRST PARTY and their contractor/s have
secured, but in no case later than 01 March 2013 (fifteen working days from 08
February 2013);
were made to the project site itself. And it never occurred to

them that there would be an accounting, as herein complainant

is now demanding, on how the amount was used. To stress, the

money was used for this purpose only and not for any other use.

5. We deny the allegations in paragraphs 7 and 8 of the

Reply, the fact being that it was beyond the control of the herein

respondents when they were told to wait for further advice by

the APECO people. It is for this reason that we returned the

P200,000.00 to the complainant, while awaiting for the said

advice.

6. It bears stressing at this point that respondents are still

seeking the compassion of the complainant to give them more

time to sort their finances and settle this problem on a more

easier and reasonable terms.

7. We are executing this Affidavit to attest to the truth of

our foregoing statements, in support of our Joint Counter

Affidavit and to rebut the allegations against us in the Complaint

and Reply.

IN WITNESS WHEREOF, We have hereunto set our hands

this 30th day of August 2013 at Paranaque City.


ANDRES BONIFACIO ANDRES
BONIFACIO, JR.
Affiant Affiant

SUBSCRIBED AND SWORN to before me this 30th day of


August 2013 in Paranaque City, Philippines.

CERTIFICATION

I hereby certify that I have personally examined the


affiants and I am fully convinced that they voluntarily and freely
executed the foregoing Joint Rejoinder-Affidavit and they
understood the contents thereof.

ASSISTANT CITY
PROSECUTOR

Copy furnished:
Complainant

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