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Republic of the Philippines]
Alabel, Sarangani Province. . ]s.s.

x-----------------------------------x
REPLY-AFFIDAVIT
I, MARY ANN N. GAMINO, of legal age, Filipino, and a

resident of Koronadal City, South Cotabato, with postal address at
YAP BANSILOY & SANCHEZ Law Office, 2/F RCBA Building,
Cabel St., Lagao, General Santos City, after having duly sworn to
in accordance with law, hereby depose and state that:
1. On 20 February 2023, I received respondent Abbu’s

unverified counter-affidavit, dated 17 February 2023, which
was filed through counsel, Atty. Jason C. Genobiagon;
2. Under the DOJ Revised Manual for Prosecutors,

respondent’s counter-affidavit shall be subscribed and sworn
to before any prosecutor or government official authorized to
administer oaths, or, in their absence or unavailability, before
the notary public;
3. In this case, respondent Abbu’s counter-affidavit was not

subscribed and sworn to before any prosecutor or
government official authorized to administer oaths, nor a
notary public;
4. Hence, the counter-affidavit is deemed to have not filed;
5. Nevertheless, even assuming that her counter-affidavit be

considered by this Honorable Office, the same cannot be
given credence;
6. First, NPS-XII-INV-23B-00092 for Grave threat/Discharge

of Firearm and NPS-XII-INV-23B-00091 for Usurpation of
Real Rights in Property are entirely different incidents and
scenario;
7. In NPS-XII-INV-23B-00091 for Usurpation of Real Rights in

Property, complainant alleged therein that the incident
happened on 23 January 2023; meanwhile, in NPS-XII-INV-
23B-00092 for Grave Threat/ Discharge of Firearm, the
alleged incident happened on 01 February 2023 at around 2
o’ clock in the afternoon;
8. Second, respondent Abbu DID NOT DENY and impliedly

admitted the utterances she made and her order to fire
gunshots aimed at the surveying group of the complainant. In
fact, in the video clip submitted to this Honorable Office,
respondent Abbu admitted that it was merely a warning shot,
hence, they admitted that they fired gunshots. Under
prevailing rules, warning shots are no longer allowed in this
jurisdiction. Instead, she asserted defense of her rights and
that of the rights of her siblings. At the same time, she
asserted that she bought property from her siblings, but did
not adduce evidence;
9. Certainly, respondent Abbu’s defense of her rights and of her

siblings vis-à-vis the positive and unrebutted allegation that
she threatened the complainant saying that “Yawa mong mga
animala mo. Panghawa mo diri. Pamatyon tamo. Pabutha
ninyo na sila” and thereupon ordering the security guards to
fire shots, are best threshed-out in a full blown trial. The
defense of rights is best left in the appreciation of a trial
judge;
10. Third, defense of rights cannot be appreciated in this

case. As culled from the records, which was not rebutted, the
complainant and her group were conducting a relocation
survey at the time of the incident. Hence, there was no
unlawful aggression on the part of the complainant, who
were lawfully conducting a survey. In fact, it was the
respondent who was the aggressor. Moreover, there was no
reasonable necessity employed because the complainant was
not the aggressor and they were unarmed when the
respondent started to shout and threatened the complainant’s
group. Finally, there was a clear and sufficient provocation
on the part of respondent Abbu as she was the one who was
hysterical and shouting vindictive words against the
complainant’s group;
11. I execute this reply-affidavit to attest the truthfulness of

the foregoing facts and for the purpose of supporting the
criminal charges against respondent Amelia Escobar Abbu.
IN WITNESS whereof, I have hereunto affix my signature
this February 27, 2023 in Alabel, Sarangani Province, Philippines.
MARY ANN N. GAMINO

Complainant
Assisted by:
ATTY. ERICSON NERY T. BANSILOY

Counsel for the Complainant
SUBSCRIBED AND SWORN to before me this February 27, 2023 in

Alabel, Sarangani Province, Philippines, the Affiant exhibiting to me her/his
Identification Card indicated below her/his name. I hereby CERTIFY that I
have personally examined the Affiant and that I am satisfied that he/she
understood and voluntarily executed his/her Affidavit.
Copy furnished:
ATTY. JASON C. GENOBIAGON

207 2nd floor, Ultima Residences Tower III
Osmena Blvd., Cebu City 6000

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Republic of the Philippines]

Alabel, Sarangani Province. . ]s.s.

I, MARY ANN N. GAMINO, of legal age, Filipino, and a

1. On 20 February 2023, I received respondent Abbu’s

2. Under the DOJ Revised Manual for Prosecutors,

3. In this case, respondent Abbu’s counter-affidavit was not

4. Hence, the counter-affidavit is deemed to have not filed;

5. Nevertheless, even assuming that her counter-affidavit be

6. First, NPS-XII-INV-23B-00092 for Grave threat/Discharge

7. In NPS-XII-INV-23B-00091 for Usurpation of Real Rights in

8. Second, respondent Abbu DID NOT DENY and impliedly

9. Certainly, respondent Abbu’s defense of her rights and of her

10. Third, defense of rights cannot be appreciated in this

11. I execute this reply-affidavit to attest the truthfulness of

MARY ANN N. GAMINO

ATTY. ERICSON NERY T. BANSILOY

SUBSCRIBED AND SWORN to before me this February 27, 2023 in

ATTY. JASON C. GENOBIAGON

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