Edgardo Terol submits a rejoinder to Charmaine Algarin's affidavit, denying the accusations against him. He claims the two witnesses provided by Algarin did not actually see the incident and are perpetuating falsehoods. Terol argues the case should have first been filed in the local Barangay court based on jurisdiction rules. He requests the case be dismissed, asserting the complaints were intended to harass him rather than based on probable cause.
Edgardo Terol submits a rejoinder to Charmaine Algarin's affidavit, denying the accusations against him. He claims the two witnesses provided by Algarin did not actually see the incident and are perpetuating falsehoods. Terol argues the case should have first been filed in the local Barangay court based on jurisdiction rules. He requests the case be dismissed, asserting the complaints were intended to harass him rather than based on probable cause.
Edgardo Terol submits a rejoinder to Charmaine Algarin's affidavit, denying the accusations against him. He claims the two witnesses provided by Algarin did not actually see the incident and are perpetuating falsehoods. Terol argues the case should have first been filed in the local Barangay court based on jurisdiction rules. He requests the case be dismissed, asserting the complaints were intended to harass him rather than based on probable cause.
Complainant in his own behalf respectfully submits:
1. That he is submitting the attached REJOINDER for the consideration of the honorable office of the Provincial Prosecutor;
Respectfully Submitted,
EDGARDO TEROL Respondent
REJOINDER TO REPLY AFFIDAVIT
Respondent in his own behalf and unto this honorable office respectfully submits; 1. That complainant Charmaine B. Algarin has no legal an factual cases to accused herein respondent for relation of the Republic Act 7610; 2. That no reiterates that the factual scenario that truly happened on February 22, 2010 was the one respondent advanced in his counter affidavit. Complainant is peddling lies to the point of stating the opposite. Now, she is submitting the affidavits of two witnesses namely; Bernardo R. Lorenzo Jr. and Eva Fermin These two rehearsed and doubtful witnesses dont know what they signed considering that they never saw the incident that had happened on February 22, 2010. As to why they have the temerity to perpetuate falsehood is really puzzling. It is truly disheartening that these two witnesses who are our neighbors sided with complainant, when in truth and in fact, they were never present at that time when respondent had a verbal altercation. And that verbal altercation was not exactly those two witnesses pictured them to be as it was the complainant who ridiculed and hurled unsavory language against respondent. It was merely a case of respondent being more elderly persuaded complainant to behave. If it has come to a point that respondent displayed a little outburst, which is understandable considering that he was insulted personally by complainant. In the same situation, who would not be mad and furious if you are accused of being idiot and illiterate! Isnt it natural to display emotional outburst if insulted and degraded? It was complainant who is distorting facts and in truth it was she that is notoriously known in our Barangay as a lady tough and disrespecting our very own parents. 3. That if there is semblance of truth to the wild accusation of the complainant then why is it, that she did not lodged at first her complain in the Barangay? Complainant and respondent came from the same locality and as such pursuant to the Katarungang Pambarangay Law, this kind of conflict falls squarely within the jurisdictions of our Barangay. The injuries allegedly sustained by complain requires a heating period of less than ten days and the penalty imposed for this injury is merely a month or arresto menor. Truly, the Barangay has jurisdiction even assuming that the accusation was for violation of R.A 7610. Nowhere in the provision of R.A. 7610 will you find that the Barangay has no jurisdiction. The law on Katarungang Pambarangay should know be reconciled with R.A 7610 so that a less costly and efficient administration of justice is achieved. 4. In fact, in the subpoena issued by the office of the Provincial Prosecutor it is obviously stated; Hindi biro o negosyo ang pagdedemanda! Makibaka para sa malinis na pamamalakad ng Hustisya. Hindi Laruan ang Hustisya. Complainant is obviously toying around with justice. She is burdening this office with malicious complain intended to
harass respondent. The honorable investigating prosecutor would
closely scrutinized the complain, the same would not merit consideration in as much as several accusations are being bombarded against the respondent. Respondent was accused of Physical Injury in relation to R. A 7610, Physical Injury in relation to R.A. 9262, Grave Oral Defamation in relation to R.A. 7610, Grave Threat in violation to R.A. 7610 and Verbal Abuse in relation to R.A. 7610. This kilometric accusation is a very strong indicia that they were merely intended to harass and intimidate the respondent. If complainant is sure enough she would surely concentrate on one accusation and not on several which are merely pure inventions. If complainant is on her right senses, she would not bother this office with this ridiculous accusation. Again, Hindi Laruan ang Hustisya. This has been the battle cry of the Prosecutors Office. Respondent just hope and pray the office of The Provincial Prosecutor would not fall in to this snake pit. 5. To recapitulate, respondent is not guilty of any offense and he committed no violence or abuse to the person of Charmaine B. Algarin. The Office of The Provincial Prosecutor should be using of this complain because it smacks the very motto of its office which respondents reiterates Hindi Laruan ang Hustisya . If complainant wants to play, she should go to our Barangay and engage the respondent to a sports match she fools, she is superior.
WHEREFORE, it is most respectfully beseeched with this office that the
above entitled case be dismissed with prejudice for lack of probable cause and prima-facie guidance.
Respectfully submitted this 21st day of June 2010.
EDGARDO TEROL Respondent
Subscribe and Sworn to before me this 21st day of June 2010.