Republic of the Philippines

Department of Justice
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
City of Santiago

JADE A. MANUELA
Plaintiff,

-versus- I.S.
For: Grave Coercion

CARDO B. TARUN
Accused.
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REPLY-AFFIDAVIT

I, JADE A. MANUELA, of legal age, single, Filipino Citizen,

with residence address at Sitio San Isidro, Aglipay, Quirino, after
having been duly sworn to in accordance with law and by way of
reply to the Counter-Affidavit of Respondent CARDO B. TARUN do
hereby depose and state that:

1. Respondent raised the issue in his Counter-Affidavit

which was received by this office last December 12,
2018 that Article 286 of the Revised Penal Code has not
been violated for the reason that there has been no
positive and convincing evidence on record to show
that he used "violence, threat or intimidation" to compel
the undersigned to do something against her will;

2. Undersigned humbly disagrees with the contention of

the Respondent for the following reasons:
 a. Since the affidavit complaint is to determine
whether or not there is probable cause to file an
action before the court, it is too premature to
conclude the absence of positive and convincing
evidence to prove the respondent's guilt; and

b. That such determination whether or not the said

provision of law has been violated shall be left in
the discretion of the Honorable Judge, hence, it is
too premature to request the dismissal of the
action.

3. Finally, Respondent’s reliance on the case of Roberto

Fernandez vs. People of the Philippines, et. al., G.R No.
138503, September 28, 2000 is misplaced. The present
stage of this instant case before this honorable office is
merely inquisitorial, and is often the only means of
discovering the person who may be reasonably charged
with a crime to enable the Prosecutor to prepare his
information. It is not a trial of the case on the merits and
has no purpose except that of determining whether a
crime has been committed and whether there exists a
probable cause to believe that the accused is guilty
thereof. It is not the occasion for the full and exhaustive
display of both parties’ evidence, but for the
presentation only of such evidence as may engender a
well-founded belief that an offense has been committed
and the accused is probably guilty thereof.

4. Undersigned therefore respectfully submits that there

exists probable cause to hold Respondent Cardo B.
Tarun for trial for violation of Article 286 of the Revised
Penal Code.

IN WITNESS WHEREOF, I have hereunto set my hand this 20th

day of December, 2018 at Santiago City, Isabela.
 JADE A. MANUELA
Affiant

SUBSCRIBED AND SWORN to before me this 20th day of

December, 2018 at Santiago City, Isabela the affiant Jade A. Manuela,
personally came and appeared, exhibited his Voter’s ID No. 1875068
issued at Santiago City on February 9, 2010, appearing above his
name and signature, known to me to be the same person who
executed the foregoing document and attested to me the truthfulness
of his declarations stated therein.

Atty. ALYANA B. ALVAREZ

Administering Officer
Roll No.: 188886
IBP No.: 12-115-098
TIN 485-785-985