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Department of Justice
OFFICE OF THE PROVINCIAL PROSECUTOR
Cebu
MICHELLE DOMINIQUE SANCHEZ
Complainant,
NPS No. VII-03-INV-151-1052
- versus RECKLESS
IMPRUDENCE
RESULTING TO SERIOUS PHYSICAL
INJURIES UNDER ART. 365 IN
RELATION W/ ART.263 OF THE RPC
MARCIANA APAS PILAPIL
Respondent.
X -------------------------------- /
REPLY
(To Respondents Counter-Affidavit)
COMPLAINANT, through the undersigned counsels, unto
this Honorable Office, most respectfully states:
1. On November24, 2015, Private Complainant received the
Counter-Affidavit of respondent Marciana Pilapil (Marciana)
alleging therein that the complaint filed against her were false,
baseless, malicious, and unfounded however, her allegations were
not supported by any documentary evidence nor witnesses to
support her defense;
2. A careful perusal of the allegations made by respondent are mere
bare denials, self-serving and negative allegations,and defenses
that are bereft of any proof to substantiate the same;
3. Her affidavit clearly deserves scant consideration from this
Honorable Office, as it is elementary that, denial not
substantiated by clear and convincing evidence is negative and
self-serving evidence bearing no weight in law;
4. The case of Rosalinda Punzalan et al. vs. Michael Gamaliel
J. Plata et al., G. R. No. 160316, September 2, 2013 citing
People vs. Panlilio, 255 SCRA 503, is illuminating, to wit:
"Alibi and denial are inherently weak and could not
prevail over the positive testimony of the
complainant."
10.
The Judicial Affidavit Complaint of Complainant Michelle
Dominique Sanchez corroborated at its material points by
documentary evidence clearly and unequivocally establish
probable cause to indict Respondent Marciana of the crime of
RECKLESS
IMPRUDENCE
RESULTING
TO
SERIOUS
PHYSICAL INJURIES under Article 365 in relation with Article
263 of the Revised Penal Code with the aggravating
circumstance of failure to lend help to the injured party
as against the uncorroborated mere denials, speculations,
conjectures and counter charges of respondent;
11.
In Pilapil vs. Sandiganbayan, 221 SCRA 349, April 7,
1993, the Supreme Court ruled, thus:
PRAYER
By:
WILBERT P. DUMON
Lifetime IBP NO. 08552/ Cebu City Chapter
Roll No. 48207
PTR NO. 5829950/ Mandaue City/ 1/6/2015
MCLE Compliance No. IV-0009218/10-30-2012
weng72us@gmail.com
And:
Copy furnished:
NOTIFICATION
The CLERK OF OFFICE
Office of the Provincial Prosecutor
Cebu City
Greetings! Please submit the foregoing Reply for the kind
consideration of the Honorable Prosecutor immediately upon
receipt thereof. Thank you.
WILBERT P. DUMON
EXPLANATION
Service and filing of this Reply was made through registered
mail/courier due to distance and lack of personnel to effect
personal service.
WILBERT P. DUMON