You are on page 1of 3

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
CEBU CITY

Ricky B. Aquino,
Complainant,
NPS Docket No.________
-versus-
For: Estafa Under
Art. 316(1)

Robi T. Choi,
Respondent,

x--------------------------x

REPLY AFFIDAVIT

I, RICKY B. AQUINO, Filipino, of legal age,


single, residing at Ariolla Compound, Barangay
Sambag 1, Cebu City, respectfully submit hereunder,
my reply to the Counter-Affidavit of Respondent ROBI
T. CHOI, to wit:

1. The instant criminal complaint against


Respondent is based on meritorious grounds which
is sufficiently supported by documentary
evidence as provided in the Exhibits attached as
Annexes to the previously submitted Judicial
Complaint Affidavit dated January 11, 2019, and
as such, the instant criminal complaint against
Respondent cannot be considered as malicious,
baseless, felonious, unfounded, and unjust.
2. The purpose of the instant complaint against
Respondent is to enforce the contractual
obligation as agreed upon by the Parties and for
Respondent to be properly prosecuted for the
crime committed. Complainant has no reason to
harass Respondent much less threated his person
and livelihood.

3. The Original Certificate of Title (OCT No.)


123456 relied upon by Respondent as proof of his
title to the subject property is without merit
since OCT No. 123456 has been cancelled by reason
of the sale of such property to Reyna Yogyakarta
upon which Transfer Certificated of Title (TCT
No.) 678910 was issued under the latter’s name.

4. There is no truth to the assertion of Respondent


that the P3,000,000.00 payment from Complainant
was intended only as downpayment for the subject
property, the truth of the matter is that
Complainant and Respondent only agreed to sell
the subject property as stated in the original
contract between them.

5. Complainant never entered into any Supplementary


Agreement with Respondent, the documents relied
upon by Respondent in support thereof is purely
fabricated, the signature of Complainant
appearing therein was not personally subscribed
by Complainant.

6. The demand letters of Respondent is also purely


fabricated and was only made to conveniently
support the fabricated Supplementary Agreement.

7. With the foregoing facts, it is evident that


Robi T. Choi be investigated and upon finding of
probable cause that the corresponding
information for cases for appropriate criminal
action be filed in the appropriate court or
tribunal PROMPTLY in the interest of fairness
and honesty, and to ensure speedy administration
of justice.

WITNESS WHEREOF, I have hereunto affixed my signature


this 19th day of March, 2019 at the City of Cebu.

RICKY B. AQUINO
Affiant

SUBSCRIBED AND SWORN to before me, this 19th day


of March, 2019 at the City of Cebu. Affiant
personally came and appeared with Passport No. EC
123456 issued by the Department of Foreign Affairs
(DFA) on January 14, 2016 at Cebu City. I hereby
certify that I have personally examined the affiant
and that I am satisfied that he has voluntarily
executed and understood his Reply-Affidavit.

__TITO LABADAN JR._


Asst. City Prosecutor

COPY FURNISHED through personal service:

ROBI T. CHOI
Complainant
Brgy. Pajo, Lapu-Lapu City

ATTY. REYNAND OTIDA


Counsel for Complainant
#2 Holy Family Village 2
Banilad, Cebu City