Republic of the Philippines

Department of Justice
NATIONAL PROSECUTION SERVICE
Office of the City Prosecutor
Paranaque City

JUANA DE LA CRUZ,
Complainant,
NPS Docket No._____________
FOR: ESTAFA
-versus-

MARIA MERCEDES, ANDRES

BONIFACIO, AND ANDRES
BONIFACIO, JR.
Respondents.
x-------------------------------------------------x

JOINT REJOINDER-AFFIDAVIT

WE, ANDRES BONIFACIO AND ANDRES BONIFACIO, JR., of

legal ages, Filipinos, and with residence and postal address at Paranaque

City, after having been duly sworn to in accordance with law, do hereby

state under oath, that:

1. As respondents in the instant case, we have been in receipt of the

Reply dated 15 August 2019 on 16 August 2019.

2. We deny the allegations under paragraph 3 of the Reply that “the

alleged APECO projects did not exist at all as they did not materialize”, for

lack of knowledge to form a sufficient belief as to the truthfulness of the

same. The fact that there was a “Contract for Delivery And Payment Of
Money” executed between the parties, which even provided for onerous

interest therein, only shows that indeed, both parties believed of the

existence of the APECO project. Parties would not have entered into the

said contract, if they did not believe in such project.

3. We specifically deny the allegations in paragraph 4 of the Reply,

the fact being that it is stated in their Contract for Delivery and Payment of

Money1 that the amount borrowed shall be used exclusively for the

facilitation of the APECO project. Complainant is very much aware of the

need of the respondents in borrowing the said amount from her. Parties

met several times before the agreement was executed.

4. We deny the allegations in paragraphs 5 and 6 of the Reply, the

fact being that the project is located in Aurora, would only mean that the

transportation and representation expenses needed would be substantial,

if not, would eat a portion of the amount borrowed. Respondents were

expecting to get a notice of award in one of the APECO project, that’s why

several trips were made to the project site itself. And it never occurred to

them that there would be an accounting, as herein complainant is now

demanding, on how the amount was used. To stress, the money was used

for this purpose only and not for any other use.
1
b. On the basis of the representations of the FIRST PARTY that they will secure notice/s of
award for the project/s within 15 working days from date of execution hereof, they shall use the principal
sum exclusively to facilitate the on-going project/s in APECO, with the further agreement that upon
issuance of the necessary notice of award to the FIRST PARTY’s contractor of choice, they shall return the
principal amount of P300,000.00 plus interest equivalent to 1% of the total cost of the project/s which the
FIRST PARTY and their contractor/s have secured, but in no case later than 01 March 2020 (fifteen
working days from 08 February 2020);
 5. We deny the allegations in paragraphs 7 and 8 of the Reply, the

fact being that it was beyond the control of the herein respondents when

they were told to wait for further advice by the APECO people. It is for this

reason that we returned the P200,000.00 to the complainant, while

awaiting for the said advice.

6. It bears stressing at this point that respondents are still seeking

the compassion of the complainant to give them more time to sort their

finances and settle this problem on a more easier and reasonable terms.

7. We are executing this Affidavit to attest to the truth of our

foregoing statements, in support of our Joint Counter Affidavit and to rebut

the allegations against us in the Complaint and Reply.

IN WITNESS WHEREOF, We have hereunto set our hands this

____________ day of _________________ 2020 at Paranaque City.

ANDRES BONIFACIO ANDRES BONIFACIO, JR.

Affiant Affiant
 SUBSCRIBED AND SWORN to before me this _______ day of -
____________ 2020 in Paranaque City, Philippines.

CERTIFICATION

I hereby certify that I have personally examined the affiants and I am

fully convinced that they voluntarily and freely executed the foregoing Joint
Rejoinder-Affidavit and they understood the contents thereof.

ASSISTANT CITY PROSECUTOR

Copy furnished:

Complainant