REPUBLIC OF THE PHILIPPINES DEPARTMENT OF JUSTICE OFFICE OF THE CITY PROSECUTOR CITY OF MAKATI ---------------------, Complainants, -versus------------------, Respondent.

x------------------------------------------x REJOINDER-AFFIDAVIT I, --------------, Filipino, of legal age, married, with address at ------------------------, after having been duly sworn in accordance with law do hereby depose and state that: 1. On 19 ovember !"1#, $omplainant ------------- submitted their Reply-Affidavit. !. In their Reply-Affidavit, they alleged the following: NPS No. -------------------

a. %---------- concocted and con&ured a great story but it is too good to be true'( b. %)espondent described the whole incident as horrific, shameful and distressing. *he declared that she is a victim and aggrieved party. If her declarations and narrations are to be accepted as true, why then she did not ta+e any legal remedy to assert her right, -hy did she not immediately report the incident to the proper authorities, ... ... .... /he absence of any action or remedy ta+en by respondent is so glaring that it cast a dar+ cloud to her story.'( c. %)espondent averred that -------- intervened and tried to stop me from harassing and shouting at ---------- to which I allegedly did not heed but instead included /ere as recipient of my anger and my curses. ... ... .... 0gain, if 1ina story is to believe, why is it that /ere did not immediately report or file a case to the proper authorities to maintain and assert her right, 0s in the case of respondent 1ina, the lac+ of action ta+en by /ere *ia supports the fact that our 2and 3erry4 accounts of what transpired that day is

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true'( d. %In 1ina counter-affidavit, she stated that she was able to slip away from 5orothy but we followed her while continuing to shout at and curse her. ... ... .... eedless to state, it is e.pected that /ere must be with 1ina when the latter allegedly was able to leave 5orothy. It is thus unusual for /ere to be left inside 5orothy with us or for 1ina to leave 5orothy without her sister. 0gain, the story of 1ina is not consistent to the natural orders of things.'( e. %-e and our family have no a.e to grind with /ere. -e have no reason to be mad at her and she +nows it. 6er relationship with 1ina is not a good reason for us to do what 1ina claimed we did to /ere.'( f. %It is correct that 1ina has no participation with the commercial case that involved us, our dauther /iffany 1ao and elson, and I 21ina4 +new it. /hus, when I approached her, I approached her as a mother. I politely e.plained to her what had happened to /iffany 7race after the case was filed. If she did not cut me 28ellie4 off and started to hurl defamatory statements at me, I would have pleaded with her to convince her husband elson drop /iffany 1ao as party respondent.'( g. $omplainants alleged that I uttered the defamatory tagalog words and threats against $omplainants despite alleging in their $omplaint that the alleged defamatory words and threats were made in $hinese and 9nglish( and h. %0ll told, the defense of 1ina is not only unbelievable because most of her factual allegations are contrary to human e.perience, but also unsubstantiated and unsupported by credible evidence. 6er testimony is bias and self-serving with the intent of selfpreservation.' #. 6owever, all these arguments of the $omplainants are mere allegations without any supporting evidence. /hese arguments are nonse:uitur, baseless and self-serving. ;. $omplainants, further, made misrepresentations in their Rejoinder. I never used the words horrific and shameful in describing the whole incident. /hese words don<t appear in my Counter-Affidavit. I also did not use the words intervened when my sister, /ere, :uic+ly rushed to my aid. =ore importantly, I never made the alleged threats. $omplainants alleged that I made threats in 9nglish and $hinese but repeatedly :uoting words in /agalog that I allegedly made. The alle a!"o#$ o% !he Co&'la"#a#!$ a a"#$! &e a(e #o!
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!()e. Co&'la"#a#!$ la*+ *(e,"-"l"!. a#, !he. ha/e !he '(o'e#$"!. !o l"e a#, *hea!. >. $omplainants alleged that I committed the crimes of 7rave Oral 5efamation and 7rave /hreats against them but these allegations are not true and baseless. ?. $omplainants lac+ credibility in telling the truth. In fact, the reason my husband, elson, filed criminal and commercial cases against them was because $omplainants committed fraud when they induced us to invest in a corporation and later used our money in the corporation to pay the e.penses of $omplainants own corporations. @. /hey have high propensity to lie and cheat in order to gain something at the e.pense of another. A. From my own observation, $omplainants made up the allegations in their Complaint and twisted the facts in order to revenge for the commercial and criminal cases that were filed against them by my husband. Co&'la"#a#!$0 alle a!"o#$ a#, a( )&e#!$ "# !he"( Reply-Affidavit a(e l"+e1"$e #o! !()e. 9. $omplainants alleged that I<m ma+ing up a story and it is too good to be true. 6owever, as I will discuss, $omplainants were the one who made allegations and did not spea+ the truth. 1". F"($!, $omplainants alleged that I am not the aggrieved party because I did not file any case or report the incident to the proper authorities. 11. 6owever, it does not follow. I could not have filed any case against the $omplainants in order to +eep the peace but subse:uently, I decided to file a case against them. 1!. 1i+ewise, $omplainants< allegation is clearly untrue because immediately after the incident, my son reported the incident to the proper authorities. 1#. Further, I filed a Complaint for 7rave $oercion and *erious Bhysical In&uries against 8ellie, 3erry, 8ryant, /racy, 3illian and 6ans BereC because of what transpired on the afternoon of !9 *eptember !"1# at Bowerplant =all, )oc+well $enter, =a+ati $ity. 1;. /he Complaint for 7rave $oercion and *erious Bhysical in&uries, including its anne.es, that I filed are attached hereto and made an
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integral part of this Rejoinder-Affidavit as ANNE2 3A4. 1>. Dnli+e $omplainants< claims in this case, which are not supported by any evidence but mere fabrication and self-serving allegations, the Complaint I filed was supported by an affidavit of a witness who testified that $omplainants 23erry and 8ellie4 are the aggressors. 1?. Se*o#,, the fact that my sister, /ere, failed to e.ecute an affidavit doesn<t prove anything. 0gain, it does not follow. It is not the discretion of the $omplainants on what evidence I wanted to present and there is no need to e.pose my sister because the root of this problem is the intra-corporate matter which she has no involvement. 1@. Further, this complaint is not about my sister but on me. 0t the very least, the evidence points to them as the instigator. /hey started communications directly when they should have done so only through their lawyers. 1A. 1i+ewise, I do not want my sister to be harassed by the $omplainants and their family again. 0ttaching my sister<s affidavit in my Counter-Affidavit would result in $omplainants harassing her again. It must be noted that on !9 *eptember !"1#, my sister received verbal threats and verbal abuses from the $omplainants while she was protecting me against $omplainants and their family. 19. =oreover, it is not unusual that my sister was left inside 5orothy Ber+ins because at that time $omplainants 3erry and 8ellie were shouting and cursing at me, I was startled, afraid and confused that I tried my best to wal+ out of the store of 5orothy Ber+ins. Only when my sister :uic+ly rushed to my aid and pleaded to the $omplainants to stop which distracted them that I was able to slip away. !". Th"(,, it is unbelievable that $omplainant 8ellie approached me only to plead that I convince my husband, elson, on dropping the case against her daughter, /iffany 7race. !1. 0 scrutiny of the affidavits submitted will clearly show that $omplainant 8ellie was the aggressor. It is admitted that she was the one who approached and confronted me. !!. Further, $omplainant 8ellie also admitted that she as+ed me why was her daughter included in the commercial case. If she really wanted to plead to me that I convince my husband to drop the case against her daughter then she should not have as+ed that :uestion because an ordinary person under a normal circumstances would not ma+e such sarcastic statement if she is really pleading to someone. !#. 0n ordinary person under the same circumstances would
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humbly re:uest for the dropping of the case and will not :uestion the reason for filing the case against her daughter. /his only proves that the allegations of $omplainants 3erry 1ao and 8ellie are all lies. !;. =oreover, if I was the aggressor I should not have sustained in&ury in my left foot. =y left foot was in&ured because I was pushed several times by $omplainant 8ellie from behind when I was trying to wal+ away from her causing my left foot to hit on some display or ob&ect. !>. 1i+ewise, $omplainants =r. 3erry and =rs. 8ellie immediately left the premises of the mall when the security personnel of the mall arrived at the scene. /his further proves that I was the aggrieved party and they are really the aggressors. If they were really innocent they would not have immediately left the premises and will wait for security personnel of the mall to arrive at the scene. !?. La$!l., the alleged defamatory words and threats that I made are clearly made up by the $omplainants. $omplainants are obviously inconsistent in ma+ing it appear that I committed the crimes of 7rave Oral 5efamation and 7rave /hreats. !@. /hey alleged that I made threats in $hinese and in 9nglish but they repeatedly :uoted the alleged /agalog defamatory words and threats I made. /hey never mentioned or :uoted any defamatory words or threats that I alleged made in 9nglish or $hinese. !A. 0gain, it only shows that $omplainants have no cause of action against me and they are merely fabricating stories to circumvent what really transpired on that day. In fact, when $omplainant 8ellie approached me, I was completely silent and did not ma+e any response to her sarcastic :uestion. Instead of responding and to avoid further scenes and embarrassment, I immediately turned my bac+ against her and started to wal+ away. !9. =oreover, my sister and I are completely outnumbered by the $omplainants and their family, which ma+es it impossible for me to plan and commit the alleged grave oral defamation and grave threats against the $omplainants. I 1a$ *o&'le!el. $"le#! ,)("# !he 56 Se'!e&-e( 5678 "#*",e#! a#, !he(e%o(e *a##o! -e "#,"*!e, %o( !he *("&e$ o% 9(a/e Th(ea!$ #o( 9(a/e O(al De%a&a!"o#. #". /o reiterate, during the !9 *eptember !"1#, I was completely silent and never uttered any offensive word or phrase when $omplainants 3erry and 8ellie confronted me.
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#1. 6aving uttered no words, I should not be indicted for the crimes of 7rave /hreats nor 7rave Oral 5efamation, which are both punishable by the )evised Benal $ode. #!. From the foregoing, there is neither legal nor factual basis for the criminal complaints for 7rave Oral 5efamation and 7rave /hreats filed by the $omplainants against me. 6ence, the said complaints should be dismissed. ##. I am e.ecuting this )e&oinder-0ffidavit to attest to the truth of all the foregoing statements and in order to support my prayer for the immediate dismissal of the criminal complaints against me. IN :ITNESS :HEREOF, I have hereunto set my hand this 1@th day of 5ecember !"1# at =a+ati $ity, Bhilippines.

LINA 0ffiant SUBSCRIBED AND S:ORN to before me this 1@th day of 5ecember !"1# in =a+ati $ity. I hereby certify that I have personally e.amined the 0ffiant and I am satisfied that she voluntarily e.ecuted and fully understood the contents of this %)e&oinder-0ffidavit'.

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