Republic of the Philippines

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

JOSE DELA CRUZ RIZAL,

Complainant,
NPS Docket No.
FOR: ESTAFA
-versus-

MARIA MERCEDES, ANDRES

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

REJOINDER-AFFIDAVIT

I, EMILIO JACINTO AGUINALDO, of legal ages Filipino,

and with residence and postal address at Calamba, Laguna, after

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

state under oath, that:

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

of the Reply dated 15 August 2013 on 16 August 2013.

2. I 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. I 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. I 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, thats why several trips

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

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 PARTYs 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 2013 (fifteen working days from 08
February 2013);
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.

5. I 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. I am 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 30th day of August 2013 at Paranaque City.

ANDRES BONIFACIO ANDRES
BONIFACIO, JR.
Affiant Affiant

SUBSCRIBED AND SWORN to before me this 30th day of

August 2013 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