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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 PLARIDEL NPS DOCKET NO. X-10-INV-14G-00413


(MIS. OCC.), INC. FOR: QUALIFIED THEFT THRU FALSIFI-
Complainant; CATION 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 ) S.S.
MUNICIPALITY OF CALAMBA )

REPLY-AFFIDAVIT
(Re. 22 October 2014 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), Inc, Looc Proper, Plaridel, Misamis Occidental, unto this
Honorable Provincial Prosecutor, most respectfully alleges, in Reply to the Counter-
Affidavit of Respondent Nissa E. Maquling, copy of which was actually received on 24
October 2014 through courier LBC, that:

1) Conspiracy of the Respondent Nissa E. Maquiling is supported by evidence


and that absence of due diligence on the part of Respondent Nissa E.
Maquiling to deter the occurrence of losses due to the acts of her subordinate
Respondent Katherine Jane B. San Juan (then Teller) having knowledge of
the same is clearly an act of conspiring;

2) Needless to state that Respondent Nissa E. Maquiling has knowledge of 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 if the use of a pre-signed withdrawal slip had the permission by the
account holder/s as alleged by Respondent Nissa E. Maquiling cannot erase
the illegal act she committed;

4) The letter of authorization from Flora Talam was belatedly made and
submitted after there was already a charge against Respondents Nissa E.

reply-affidavit..pg. 1 of 3
Maquiling, Jeann A. Lawat and Katherine Jane B. San Juan and worst of it
after the act of allowing to use a pre-signed withdrawal slip had by this time
transpired;

5) The letter of authorization of one Flora M. Talam was dated 08 October 2014
but was subscribed and sworn only on 17 October 2014 before Repondent
Nissa Maquilings counsel Atty. Annemarie Acosta-Quiros recorded as Doc.
No. 315; Page No. 63; Book No. 8 and Series of 2014 in her (Atty. Quiros)
Notarial Register ;

6) The defense of Respondent Nissa E. Maquiling as having so many functions


to perform wont justify her failure to check forged signatures and to deter the
losses incurred by the Complainant;

7) Respondent Nissa E. Maquiling was not forced to pay the P70,000.00 and
that there was previous admission from her that she was the one who have
used or benefited the amount, which admission gave the legal ground for the
Complainant to demand payment of the same. In addition, if and when she
was not at fault then, she should not allow herself to pay the amount;

8) That subsequent payment of Respondent Nissa E. Maquiling wont obliterate


her criminal liability. In Aurora Tamayo vs. People of the Philippines and Heirs
of Pedro Sotto, G.R. No. 174698, July 28, 2008; the Court ruled that; xxx,
subsequent payments of the accused does not obliterate criminal liability

AND SO, given and based on the above facts, most reputable witnesses, and
overwhelming evidences duly presented, it is respectfully prayed of the Honorable
Provincial Prosecutor that Respondent Nissa E. Maquiling together with the other
Respondents above-mentioned be held liable for Qualified Theft thru Falsification of
Public/Private Documents.

27 October 2014 at Calamba, Misamis Occidental, Philippines.

CATHERINE D. DAGAYLOAN
Affiant
For the Complainant Rural Bank of
Plaridel (Mis. Occ.), Inc.

SUBSCRIBED AND SWORN, 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 examined the
affiant and I am satisfied that she voluntarily executed and understood all the contents
hereof.

Doc. No._______; ATTY. OSCAR O. ABUZO


Page No. ______; Notary Public
Book No. ______; Calamba, Misamis Occidental
Series of 2014 Roll No. 19302-IBP No. 268337
My commission expires on Dec. 31, 2015

reply-affidavit..pg. 2 of 3
Explanation:

Filing in Provincial Prosecutor Office and service to the adverse counsel are
done thru registered mail due to distance and impracticability of personal service.

CATHERINE D. DAGAYLOAN

Copy furnished:

Atty. Annemarie Acosta-Quiros


Counsel for Respondents
Poblacion 1, Oroquieta City

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