Republic of the Philippines

DEPARTMENT OF JUSTICE
PROVINCIAL PROSECEUTION OFFICE

Complainant, NPS NO.V-12-INV-20J-00713

FOR:QUALIFIED THEFT under Art. 282
of RPC

-versus-

Respondents.
x - - - - - - - - - - - - - - - - - - - -x

REPLY AFFIDAVIT

I ____________________, of legal age, Filipino citizen, married and a resident of

__________________ under oath, depose and state that:

By way of Reply, I state the following facts and pieces of evidence to prove that
indeed both respondents are guilty of and be indicted of the present charge for
qualified theft as follows:

1. As to the copies of OR AND CR will show, duly registered with Land

Transportation Office, I am the ABSOLUTE and DULY registered owner of this vehicle,
Mitsubishi L-200 Cab with engine number _________, chasis number ________, plate
number ________ and year model ______ per certificate of registration no. _______
and MV file no. _________.

2. The respondents, thru stealth, machination thru betrayal of trust and without
my knowledge and consent took the vehicle and the original documents placed inside
the vehicle and used it for their personal benefit and advantage but to y disadvantage
as owner hence, my complaint.

3._____ Enterprises was a single proprietorship then and it was registered only
as a Corporation several years after I personally purchased the said vehicle from my
own personal fund.

4. If indeed the allegation of the respondents, as co-conspirators, is true or to be

believed as their defense, what then is the reason why?

A. No board resolution and secretary certificate were presented before this

Honorable Office to the effect that my vehicle is owned by the corporation.

A corporation has a separate and distinct pesonally from its stockholders or

members.Being an officer or stockholder of a corporation does not make one’s property
also that of the corporation.

B.Where is the agreement or proof to show that I transferred and assigned the
ownership of the vehicle to the Corporation or to the respondents?

C.This so called Deed of Assignment with waiver and Quitclaim speaks loudly
clear only of management and my interest over the business operation of
_______________ and never mention of transfer of ownership or assignment of my
vehicle to the business enterprise or to the respondents.

D. All other statement of respondents are mere general allegation devoid of any
proof whatsoever made purposely to evade or run away from the crime they have
committed.

5. As between the firm, clear and steadfast assertion of the complainant

supported with evidence and the denial of the respondents without iota of proof to the
contrary, the statement of complainant must prevail and should be given weight and
credence over that of the respondents’ allegation.

6.That elements of Qualified Theft as enumerated in my complaint under Act 310

of theRevised Penal Code have been satisfied sufficient enough for probable cause to
indict respondents of the present charge and their defense is a matter to be proof in
court on a full blown trial.

IN WITNESS WHEREOF, I have hereunto signed my name this ______________

at ______________, _______________, Philippines.

Complainnant