Department of the Philippines DEPARTMENT OF JUSTICE National Prosecution Service OFFICE OF THE PROVINCIAL PROSECUTOR Province of Misamis Occidental Hall of Justice, Capitol, Oroquieta City
RURAL BANK OF OF PLARIDEL (MIS. OCC.), INC. Complainant;
NPS DOCKET NO NO. X-10-INV-14G-00413 FOR: QUALIFIED THEFT THRU FALSIFICATION OF PUBLIC/PRIVATE DOCUMENTS
-versus-
KATHERINE SAN JUAN y BELANO NISSA MAQUILING y EROY JEANN LAWAT y ABELLA Respondents. /--------------------------------------------------/ REPUBLIC OF THE PHILIPPINES PROVINCE OF MISAMIS OCCIDENTAL MUNICIPALITY OF CALAMBA
) ) S.S. )
REPLY-AFFIDAVIT (Re. 2 2 O c t o b er e r 2 01 01 4 Counter-Affidavit of Respondent Nissa E. Maquiling)
COMES NOW COMPLAINANT, represented by the undersigned Bank Manager, of legal age, Filipino, single and with residence address at c/o Rural Bank of Plaridel (Misamis Occidental), Occidental), Inc, Inc, Looc Looc Proper, Proper, Plaridel, Misamis Occidental, Occidental, unto this Honorable Provincial Provincial Prosecutor, Prosecutor, most respectfully respectfully alleges, alleges, in Reply Reply to the CounterCounter Affidavit of Respondent Respondent Nissa E. Maquling, copy of which was actually received on 24 through couri courier er LBC, that: October 2014 through
1) Consp Conspira iracy cy of the Respon Responden dentt Nissa Nissa E. Maq Maquil uiling ing is suppor supported ted by evi eviden dence ce and that that absence absence of due due diligence diligence on the the part of Respondent Respondent Nissa E. Maquiling to deter the occurrence of losses due to the acts of her subordinate Respond Respondent ent Katherin Katherine e Jane B. San Juan Juan (then Teller Teller)) having having knowledge knowledge of the same same is clearly clearly an act act of conspi conspiring ring;; 2) Needless Needless to to state state that Respo Responden ndentt Nissa Nissa E. Maquiling Maquiling has knowle knowledge dge of the the anomalies of Respondent Katherine Jane B. San Juan when she allowed on 29 October 2013 the use of a pre-signed withdrawal slip to hide or conceal unaccounted amount or shortage; 3) Even Even if the the use use of of a prepre-si sign gned ed with withdr draw awal al slip slip had had the the perm permis issi sion on by the the account account holder holder/s /s as alleged alleged by Respon Respondent dent Nissa Nissa E. Maquili Maquiling ng cannot cannot erase erase the illegal act she committed; 4) The letter of authorizati authorization on from Flora Flora Talam Talam was belatedly belatedly made and and submitted after there was was already a charge charge against Respondents Respondents Nissa E. reply-affidavit………….
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Maquilin Maquiling, g, Jeann Jeann A. Lawat Lawat and Kathe Katherine rine Jane Jane B. San Juan and worst worst of it after after the act act of allowing allowing to use a pre-sign pre-signed ed withdr withdrawal awal slip slip had by this this time time transpired; 5) The lett letter er of of author authoriz izati ation on of one one Flora Flora M. Tal Talam am was was dated dated 08 October 2014 but was subscribed and sworn only on 17 October 2014 before Repondent Nissa Maquiling’s Maquiling’s counsel counsel Atty. Annemarie Annemarie Acosta-Quiros Acosta-Quiros recorded recorded as Doc. No. 315; Page No. 63; Book No. 8 and Series of 2014 in her (Atty. Quiros) Notarial Notarial Register Register ; 6) The defense defense of Respondent Respondent Nissa Nissa E. Maquiling Maquiling as having having so many many functions functions to perform perform won’t justify justify her failure to check forged forged signatures signatures and to deter deter the losses incurred by the Complainant; 7) Respondent Respondent Nissa E. Maquiling was not forced forced to pay pay the P70,000.00 P70,000.00 and and that there was previous admission from her that she was the one who have used or benefited benefited the amount, which admission admission gave the legal ground ground for the Complainant to demand payment of the same. In addition, if and when she was not at fault then, she she should not allow herself herself to pay the amount; 8) That subseque subsequent nt payment payment of Respon Respondent dent Nissa Nissa E. Maquil Maquiling ing won’t won’t obliterat obliterate e her criminal liability. In Aurora Tamayo vs. People of the Philippines and a nd Heirs of Pedro Sotto, G.R. No. 174698, July 28, 2008; the Court ruled that; “xxx, subsequent subsequent payments of the accused does does not obliterate criminal criminal liability” given and based on the above facts, most reputable overwhelming evidences duly presented, it is respectfully prayed of Provincial Prosecutor that Respondent Nissa E. Maquiling together Respondents above-mentioned be held liable for Qualified Theft thru Public/Private Documents. AND SO,
witnesses, and the Honorable with the other Falsification of
Misamis Occidental, Occidental, Philippines. Philippines. 27 October October 2014 2014 at Calamba, Misamis
CATHERINE D. DAGAYLOAN Affiant For the Complainant Rural Bank of Plaridel (Mis. Occ.), Inc.
to before me on the date and place first-above written, affiant declaring under oath that all the allegations in the foregoing Reply Affidavit are all true and correct. I hereby certify that I have personally personally examined the affiant and I am satisfied that that she voluntarily voluntarily executed and and understood all the contents contents hereof. SUBSCRIBED AND SWORN,
Doc. No._______; Page No. ______; Book No. ______; Series of 2014
ATTY. OSCAR O. ABUZO Notary Public Calamba, Misamis Occidental Roll No. 19302-IBP No. 268337 My commission expires on Dec. 31, 2015 reply-affidavit………….
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Explanation: Fili Filing ng in Prov Provin inci cial al Pros Prosec ecut utor or Offi Offic ce and and serv servic ice e to the the adve advers rse e coun counse sell are are done thru registered registered mail due due to distance distance and impracticability impracticability of personal service. service.
CATHERINE D. DAGAYLOAN
Copy furnished:
Atty. Annemarie Acosta-Quiros Counsel for Respondents Poblacion 1, Oroquieta City
reply-affidavit………….
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