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Reply Affidavit in Rape Case

This document is a reply affidavit from Ligaya Alambino in the criminal case against Benjamin Momoy for rape. In the affidavit, Ligaya reiterates her claims from her original complaint and denies Benjamin's assertions in his counter-affidavit that they were in a relationship. She states that Benjamin tried to court her in January and February 2020 but she consistently rejected his advances, and provides Facebook messages as evidence. The affidavit is signed by Ligaya and witnessed by her attorney.
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0% found this document useful (1 vote)
955 views2 pages

Reply Affidavit in Rape Case

This document is a reply affidavit from Ligaya Alambino in the criminal case against Benjamin Momoy for rape. In the affidavit, Ligaya reiterates her claims from her original complaint and denies Benjamin's assertions in his counter-affidavit that they were in a relationship. She states that Benjamin tried to court her in January and February 2020 but she consistently rejected his advances, and provides Facebook messages as evidence. The affidavit is signed by Ligaya and witnessed by her attorney.
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
  • Reply-Affidavit
  • Affidavit Confirmation

Republic of the Philippines

City Trial Court


Branch 5
Puerto Princesa City

LIGAYA D. ALAMBINO Criminal Case No. 67890


FOR: RAPE

Plaintiff,
-versus-

Benjamin A. Momoy
Accused,

x---------------------------------------------x

Republic of the Philippines)


City of Puerto Princesa ) ss

REPLY-AFFIDAVIT

I, Ligaya Alambino, Filipino, of legal age, single, and a resident Barangay Matahimik, Puerto Princesa City,
Philippines after having been duly sworn to in accordance with the law, state under oath as follows:
1. I hereby reiterate and replead all the positions and arguments contained in my complaint
affidavit.
2. As can be gleaned in in the Counter-Affidavit submitted by herein Accused, he merely
concentrated on denying his acts of Rape towards me on July 19, 2019.
3. Respondent wanted to convince his Honorable office that it we are already sweethearts before
the incident happened.
4. I deny the all claims of the accused and deny that I voluntarily engaged in sexual intercourse
with him on the said date.
5. To add to my statement in my complaint affidavit, the accused tried court me during months of
January and February 2020 but I consistently rejecting the courtship. (Facebook Messenger
screenshots provided and attached as Annex “A”).

IN WITNESS WHEREOF, I have set unto my hand this July 15, 2020, in Puerto Princesa City,
Philippines

LIGAYA D. ALAMBINO
Affiant

Assisted by:

Atty. Marcus Malita


SUBSCRIBED AND SWORN to before me this 1st day of August 2019 in Surigao City,
Philippines. I hereby certify that I have personally examined the affiant and that I am satisfied that he
executed the counter affidavit freely and voluntarily.

ATTY. MERA COMON


Public Attorney
Roll of Attorneys No. 00000

Common questions

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Ligaya D. Alambino might encounter several challenges in proving her claims. Firstly, the burden of proof in criminal cases requires establishing guilt beyond a reasonable doubt, necessitating strong evidence against the accused. She needs to provide not only consistent testimonies but also corroborating evidence, which can be difficult in cases lacking physical evidence or witnesses. Additionally, countering the defense's narrative of a prior relationship and consent could present significant hurdles if the accused introduces evidence or witnesses supporting his claims. Navigating potential biases or misunderstandings about consent and relationships in court may also influence the case's outcome .

Chronology and contextual evidence are crucial in Ligaya D. Alambino's affidavit. By outlining consistent rejection of courtship attempts before and after the incident, she establishes a timeline that refutes the accused's narrative of a reciprocal romantic relationship. The timing of events—such as the alleged courtship occurring after the rape claim—lends credibility to her story by highlighting inconsistencies in the accused's narrative. Additionally, the inclusion of Facebook Messenger screenshots as of January and February 2020 provides contextual evidence, reinforcing the chronological and factual basis of her denial of a consensual relationship .

If Ligaya D. Alambino's evidence and narrative successfully lead to a conviction, it could have significant implications for legal standards in the Philippines. Such an outcome might set a precedent regarding the weight and admissibility of digital evidence, such as social media communications, in establishing context or intent in criminal cases. It could also reinforce the importance of consistent victim testimony and supplementary evidence in sexual assault cases, potentially influencing prosecutorial and defense strategies in similar future cases. A successful conviction could encourage other victims to come forward, knowing that digital evidence can substantiate their claims .

The Reply-Affidavit addresses the accusations by denying the existence of a romantic relationship. Ligaya D. Alambino explicitly refutes Benjamin A. Momoy's claim that they were sweethearts before the incident occurred. She emphasizes her stance by adding that she consistently rejected his courtship attempts during January and February 2020, providing screenshots of their conversations to substantiate her position .

The inclusion of Annex 'A', which contains screenshots from Facebook Messenger, may significantly influence the court's perception by providing tangible evidence of the accused's behavior post-incident. These communications can counteract the accused's claim of prior consent or a romantic relationship, as they demonstrate persistent courtship attempts despite previous rejections. As digital evidence, they offer a documented account that may lend credibility to the plaintiff's narrative, thus possibly swaying the court towards accepting her portrayal of the relationship as non-consensual and unreciprocated .

In cases like Ligaya D. Alambino's, where screenshots are critical evidence, various legal and emotional complexities may arise. Legally, the authenticity, context, and admissibility of digital evidence can be contentious, requiring rigorous verification that it has not been altered or taken out of context. Defendants might challenge its credibility or relevance, complicating proceedings. Emotionally, the public exposure of personal communications in court can distress plaintiffs and defendants, potentially influencing testimonies or perceptions of the victim's or accused's character and intentions. These complexities necessitate careful handling by legal professionals to ensure justice .

Ligaya D. Alambino's Reply-Affidavit includes several legal strategies. Firstly, she reiterates the positions and arguments stated in her original complaint affidavit, establishing consistency in her narrative. Secondly, she counters the accused's denial by highlighting his focus on negation rather than presenting evidence or witnesses to support his claims. Thirdly, she refutes the accused's assertion of a prior romantic relationship, denying any voluntary engagement in sexual intercourse. Finally, she provides additional evidence of the accused's attempts to court her post-incident and includes Facebook Messenger screenshots as Annex “A” to support her claim .

Benjamin A. Momoy could potentially adopt several strategies to rebut the claims. He might attempt to discredit the credibility of the annexed evidence by questioning the authenticity or context of the Facebook Messenger screenshots. Furthermore, introducing witnesses or evidence to support his claim of a prior romantic relationship could challenge the plaintiff's narrative. Additionally, he could focus on inconsistencies in Ligaya D. Alambino's testimony or highlight possible biases in her narrative, such as motives for framing the accused or inconsistencies with known facts. Successfully arguing the improbability of the event as described could also serve his defense .

The legal implications of Ligaya D. Alambino's denial are significant. By categorically rejecting any notion of consensual intercourse, she undermines any defense relying on the argument of prior relationship or consent, thus directly addressing a typical defense in rape cases. This denial, coupled with evidence refuting a romantic relationship, aims to reinforce her claim of non-consensual sexual contact, potentially increasing the burden on the defense to prove otherwise. Successfully contesting the defense's consent argument could be pivotal in determining the outcome of the case .

The evidence presented by Ligaya D. Alambino strengthens her case by corroborating her version of events and refuting the accused's claims. The screenshots from Facebook Messenger serve as contemporaneous documentation of the accused's attempts at courtship after the alleged incident, supporting her denial of any prior romantic involvement or voluntary engagement. Moreover, this evidence reinforces her narrative consistency from the initial complaint affidavit to the Reply-Affidavit, potentially impairing the credibility of Momoy's defense strategy .

Republic of the Philippines
City Trial Court
Branch 5
Puerto Princesa City
LIGAYA D. ALAMBINO
      Criminal Case No. 67890
SUBSCRIBED   AND   SWORN   to   before   me   this   1st day of August 2019 in Surigao City,
Philippines. I hereby certify th

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