REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
National Prosecution Service
Pasay City

REPLY AFFIDAVIT

I, ______, Filipino, of legal age, duly authorized representative

of Inc. ( for brevity) a domestic corporation duly registered and
formed in accordance with law with official place of business at Unit
_____________, Pasay City, where it may be served with summons
and other processes of the law, after having been duly sworn to in
accordance with law, depose and say:

1. That I admit the allegations in paragraphs one and two,

as to the case filed against the respondent and the
engagement made between respondent and ___
However, it should be noted that it is not under my
personal capacity but as a representation of ____.

2. That there is indeed port congestion during such time but

the same cannot be considered fortuitous event that will
render the respondent free from liability nor a magical
incantation that will exonerate the latter. It took them an
unreasonable length of time to return the said containers.

3. That the allegations made by the respondent in paragraph

4 to 6 are mere alibis and will fall down in the light of
facts. Common reason dictates that he should be held
liable as to the acts of his drivers being the owner and
operator of his tracking business and that he cannot
excuse himself from liabilities by merely alleging that it
was his drivers fault that the containers were not returned
immediately. Moreover, he did not exercise due diligence
in the return of the said containers resulting to
tremendous liability and monetary damages on the part of
_______.

4. That the crime of estafa was duly established because

respondent committed fraudulent acts, false pretenses
prior to and simultaneous with his act of failure to return
the containers immediately. Respondent lead __ to
believe that he will return the containers immediately and
such representation was relied upon by ____.
5. That the Sinumpaang Salaysay of the respondent clearly
showed that he will shoulder the liabilities concerning the
 containers and this alone negates the need of for a
written demand letter. Even assuming arguendo, that
such demand letter is necessary, it is worthy to note that
we made numerous demands from him in all means
available that lead to his execution of the said
Sinumpaang Salaysay.

6. That respondent manifested to _____ that he has

sufficient property to pay his liabilities as to the
containers, in fact, he volunteered the information as to
the number of his trucks etc.

7. That the amount of his liabilities was duly established

based on the exchange of letters between ____ and
______ which respondent was duly informed. Hence, the
amount was duly established. In addition, he cannot deny
these amounts as he himself has been in this industry for
a reasonable time.

8. That all the documents mentioned in this instant reply

were attached to the complaint affidavit and may be
readily verified.

9. We beg the indulgence of the Honorable Office to charge

the respondent with the crime of Estafa, not only to rectify
his wrongful acts but also to protect those people who are
doing their business justly.

AFFIANT SAYETH NAUGHT.

_________________________

Affiant

SUBSCRIBED AND SWORN to before me this ____ day

of________ at the ________________. I further certify that I have
personally examined the affiant and that I am satisfied that he/she
has executed this Reply Affidavit and has understood the contents
hereof of his own personal knowledge.

INVESTIGATING PROSECUTOR