REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
CITY OF BACOOR

MAGDA ROSE T. DUMPIT

Complainant,
IV-27-INV-16K-1264
FOR: ATTEMPTED HOMICIDE
-versus- AND ILLEGAL ARREST

PO2 RENELIE L. PALMA

Respondent,

REPLY-AFFIDAVIT

I, MAGDA ROSE DUMPIT y TOBIAS, of legal age, married and presently residing at No. 10
Brgy. Talaba 5, Bacoor City, Cavite, after having duly sworn to in accordance with law do
hereby depose and state THAT:

1. The Respondent’s Counter-affidavit does not, as she cannot, refute my factual

allegations against her. Instead, it merely raises a collateral matter to supposedly
put a shadow of doubt upon my credibility.

2. The only contention of RESPONDENT PO2 RENELIE L. PALMA in her Counter-

Affidavit is a defense conveniently used by almost every respondent in a case in
which respondent argues in paragraph three (3) of her Counter-Affidavit that the
complaint initiated against her is merely an harassment case which should be given
no evidentiary value as such is merely self serving.

3. In paragraph three (3) of respondent’s Counter-Affidavit it is stated that the criminal

case was a mere leverage to take a grudge on her and an afterthought of the incident
that happened on October 28, 2016 considering the period of the filing of the case
(November 28, 2016), which is a month after the incident. Such statement by
respondent is only based on speculation and imagination, as there is no single
evidence presented to support such accusation. My counsel informed me that
pursuant to Article 90 of the Revised Penal Code of the Philippines, the prescriptive
period for filing a complaint, which involves a crime punishable by a correctional
penalty, Attempted Homicide and illegal Arrest in this case, shall prescribe in ten
(10) years. As stated by respondent herself, the complaint was filed one month after
the incident, which is clearly within the prescriptive period. Besides, I am well aware
that respondent is a member of the Philippine National Police. Even if respondent
should claim that she is a very saintly person and could do no harm against me, I am
still fearful about possible harassment if I immediately filed a case against her since
who am I as against a person with a badge and a gun in the first place.
 4. In Paragraph four (4) of respondent’s Counter-Affidavit she merely made a general
denial of the allegations contained in the Complaint-Affidavit that I submitted. My
counsel told me that the Supreme Court has decided in a plethora of cases that as
between an affirmative assertion and a general denial, weight must be accorded to
the affirmative assertion.

5. Finally, my counsel informed me that the Supreme Court held in the case of Andres
vs. Justice Secretary Cuevas, 499 Phil 36, that:

[A preliminary investigation] is not the occasion for the

full and exhaustive display of evidence. The presence or
absence of the elements of the crime is evidentiary in
nature and is a matter of defense that may be passed upon
after a full-blown trial on the merits.

6. In view of the foregoing, I humbly pray to this Honorable Office that the
complaint for Attempted Homicide and Illegal Arrest be filed in Court for the
complete determination of the case.

IN WITNESS WHEREOF, I have hereunto affixed my signature on this 30TH of May

2017 at Bacoor City.

MAGDA ROSE T. DUMPIT

Affiant

SUBSCRIBED AND SWORN to before me this ____ of ________ 2017 at

Bacoor City, Cavite.

City Prosecutor

Doc. No.__________;
Page No.__________;
Book No.__________;
Series No._________ ;