REPUBLIC OF THE PHILIPPINES}

CITY OF __________________}

REPLY-AFFIDAVIT
I, MARILYN SENSANO AGUSTIN, of legal age, Filipino, married, with address at Blk. 27
Lot 14 Mt. Carmel Road, Montevista Heights, Barrio Dolores, Taytay, Rizal, after having been
duly sworn to in accordance with law, hereby depose and state that:

1. I read the Counter-Affidavit of Fernando B. Agustin and the Kontra-Salaysay of

2. Both of them are denying that they committed the crime of Concubinage but
other than such denial, none of them presented any other concrete proof to support such
claim. They have no witness to support or substantiate their claim of innocence.

3. Denial, if unsubstantiated by clear and convincing evidence, is a self-serving

4. Also, denial is an intrinsically weak defense that further crumbles when it comes
face to face with the positive identification and straightforward narration of witnesses. 2

5. Fernando and Annaliza failed to present clear and convincing evidence that they
were in another place when Ian Angelo D. Sensano positively identified them that they were
inside our conjugal room on numerous occasions and they were either together lying down or
having sexual intercourse or it was physically impossible for Fernando and Annaliza to be
together inside our conjugal room.

6. Ian Angelo D. Sensano lives in the same house where Fernando and Annaliza
lives and he sees with his own eyes that Annaliza enters and exits our conjugal room while
Fernando is inside the room, he sees them together showing love and affection to each other
and he heard Fernando and Annaliza having sexual intercourse. The video footages and pictures
were submitted to validate what he witnessed.

7. Annaliza also failed to present clear and convincing evidence that she was in
another place or it was physically impossible for her to be at that precise moment when her
son, Ian Angelo D. Sensano positively identified her on the night when Ian heard a moaning
sound of sexual pleasure coming from the master’s bedroom which is our conjugal room. After
a few minutes, a lady wearing white came out of the master’s bedroom. This lady who came
out of the room was Annaliza. Fernando was inside our conjugal room.

8. Ian saw her mother Annaliza go to the kitchen sink to spit several times and she
gargled several times too. When Annaliza came out of our conjugal room, she was tip-toeing so
that no one could hear her. Annaliza was so worried that someone might see or hear her, she
never noticed that her son Ian was standing right next to the kitchen sink. Annaliza probably
thought that because the lights were turned off, she did not expect anyone to be at the kitchen
or sala at that time.3

9. Ian Angelo D. Sensano is the son of Annaliza and is of legal age and with
sufficient discretion to understand what he was witnessing and its consequences. He has no ill-
1
People vs. Empuesto G.R. No. 218245 January 17, 2018
2
People vs. Cirbeto G.R. No. 231359 February 7, 2018
3
Affidavit of Ian Angelo D. Sensano Annex “D” of the Complaint-Affidavit
1
motive towards his own mother and there is no reason why he will fabricate or concoct a story
as sickening as hearing her own mother having sexual intercourse with another man who is not
his father. As it is, what Ian witnessed was damaging and left him traumatized.

10. Annaliza once again failed to present clear and convincing evidence that she was
in another place when Soledad G. Quines positively identified her that she came out of the
master’s bedroom which is our conjugal room wearing only a white sando and a thin blanket
that was wrapped around her thighs or it was physically impossible for Annaliza to be inside the
master’s bedroom at that time.4

11. Soledad G. Quines has no ill-motive towards Fernando or Annaliza and there is
no reason why she will fabricate or concoct a false story like this which she knows will hurt me
and my family.

12. I would like to address the story of Fernando and Annaliza when both of them
went to Cagayan to attend the town fiesta. Alleiya Duran Sensano, the daughter of Annaliza
executed an Affidavit stating under oath that she noticed that her mother Annaliza and
Fernando were very close to each other and they were displaying love and affection towards
each other and were very affectionate with each other as if they are husband and wife. 5

13. Fernando and Annaliza is of the belief that what they are doing is normal
because it was the job of Annaliza to serve Fernando. What they deliberately omitted to say is
the fact that Annaliza was only serving and attending to the needs of Fernando but Annaliza
never attended to the needs of her husband. The entire time that Fernando and Annaliza were
in Cagayan, they were always together sitting beside each other and drinking together. They
were not seen having sexual intercourse, but their intimacy, closeness and affection confirmed
their relationship.

14. Alleiya D. Sensano is the daughter of Annaliza and is of legal age and with
sufficient discretion to understand what she was witnessing and its consequences. She has no
ill-motive towards her own mother and there is no reason why she will fabricate or concoct a
story as sickening as witnessing with her very own eyes her mother having an intimate
relationship with another man who is not his father. As it is, what Alleiya witnessed was very
traumatic and damaging.

15. On the matter raised by Fernando that my Complaint is based on hearsay, I

16. Hearsay evidence is not admissible in court unless the Rules of Court provides
otherwise. Therefore, even if a statement is really hearsay, it may still be admissible if an
exception applies.

17. A hearsay statement may be allowed if it describes or explains an event or

18. A hearsay statement may also be allowed as part of the res gestae6. Statements
made by a person while a startling occurrence is taking place or immediately prior or
subsequent thereto, under the stress of excitement caused by the occurrence with respect to
the circumstances thereof, may be given in evidence as part of the res gestae. So, also,

4
Affidavit of Dolores G. Quines Annex “C” of the Complaint-Affidavit
5
Affidavit of Alleiya D. Sensano Annex “E” of the Complaint-Affidavit
6
Section 44 Rule 130 of the Rules of Court
2
statements accompanying an equivocal act material to the issue, and giving it a legal
significance, may be received as part of the res gestae.

19. A statement that is not offered for the truth of the statement, but rather to
show the state of mind, emotion or physical condition can be an exception to the rule against
hearsay evidence.

20. The crime of Concubinage is a private offense and can only be prosecuted by
virtue of a complaint to be filed by the aggrieved party, which in this case is me being the legal
spouse of Fernando. This Complaint falls under the exception to the hearsay rule. I know, for a
fact, that Fernando and Annaliza have a relationship and this relationship has been going on
even before the pandemic. My nephew, niece, distant relative and my brother simple
confirmed their relationship. My nephew Ian, my niece Alleiya and distant relative Soledad
separately executed an Affidavit attesting to what they have witnessed and these Affidavits
were attached to my Complaint. It would have been different if they did not execute an
Affidavit.

21. With regard to Republic Act No. 9995, I respectfully submit that this case falls
under the exception of the said law.

22. Section 2 of Republic Act No. 9995 provides that the State values the dignity and
privacy of every human person and guarantees full respect for human rights. Toward this end,
the State shall penalize acts that would destroy the honor, dignity and integrity of a person.

23. Section 3 of Republic Act No. 9995 defines "Photo or video voyeurism" as the act
of taking photo or video coverage of a person or group of persons performing sexual act or any
similar activity or of capturing an image of the private area of a person or persons without the
latter's consent, under circumstances in which such person/s has/have a reasonable
expectation of privacy, or the act of selling, copying, reproducing, broadcasting, sharing,
showing or exhibiting the photo or video coverage or recordings of such sexual act or similar
activity through VCD/DVD, internet, cellular phones and similar means or device without the
written consent of the person/s involved, notwithstanding that consent to record or take
photo or video coverage of same was given by such person's.

24. I would like to emphasize the phrase “under circumstances in which such
person/s has/have a reasonable expectation of privacy”.

25. It is my opinion that this legal phrase does not apply to Annaliza and
consequently to Fernando.

26. The installation of the video camera inside my conjugal room was made with my
consent and knowledge. The house is our conjugal dwelling.

27. As my conjugal room where my conjugal bed is placed, I have the absolute right
to use and enjoy it and being my conjugal room, I am the one with the reasonable expectation
of privacy over the same simply because it is my conjugal room and my conjugal dwelling.

28. Annaliza does not have any reasonable expectation of privacy whatsoever on our
conjugal room because it is not her room, and in the first place, she is not supposed to be
there or even sleep or have sexual intercourse in my conjugal bed with my husband Fernando.
The exposure of Fernando is but a natural consequence of the felonious act they committed as
it takes two individuals to commit the crime of Concubinage.

3
 29. Most importantly, Annaliza cannot invoke the protection of R.A. 9995 because
she is not entitled to the protection which this law offers. It was not her dignity, privacy,
honor, integrity or human rights that were violated. It was my dignity, privacy, honor, integrity
or human rights that she violated.

30. It is the policy of the State to value the dignity and privacy of every human
person and guarantees full respect for human rights. Toward this end, the State shall penalize
acts that would destroy the honor, dignity and integrity of a person.

31. I am entitled to the protection that the State offers. Being the legal spouse, the
State must value the dignity and privacy of my conjugal room and guarantee full respect to my
human rights.

32. It must be overly emphasized that I am the aggrieved party in this case. The
pictures and videos were not intended to be sold, distributed, published or broadcasted.
Copies were made for the sole purpose of filing this Complaint and to be used as evidence to
establish probable cause, nothing more nothing less.

33. Nevertheless, as I earlier mentioned, the pictures and videos were merely
intended to validate and corroborate the Affidavit that was executed by Ian Angelo D.
Sensano.

34. As to the statement made by Fernando and Annaliza that there was a time when
I was the one who ordered Annaliza to massage Fernando is beside the point. Annaliza wanted
to massage Fernando not because I ordered him. It is because she wanted to show her love
and affection to Fernando. In the Affidavit of Ian Angelo D. Sensano, he stated that he saw her
mother Annaliza inside our conjugal room and she was massaging Fernando while he was lying
down on the bed with no shirt on at 11:30 in the evening. This caught the attention of Ian
because it was malicious and in bad taste to see her mother doing this act.

35. I would also like to address the allegation of Fernando that I have a relationship
with a certain “Cris”. This is simply a figment of his imagination and he purposely said this just
to make it appear on record that I am equally guilty of infidelity. How dare he accused me of
infidelity. There is no truth to this statement.

36. I am an Overseas Filipino Worker (OFW) in Kuwait. I endure the pain that I do not
get to see my children for months because I have to work. I am the one who provides for our
family. The dental laboratory that Fernando manages is my dental laboratory. He does not
have the license to own and operate a dental laboratory. If you will remove the dental
laboratory, Fernando is jobless and have no source of income.

37. It came to my attention that Fernando made a substantial withdrawal from his
joint bank account with my youngest daughter. I got a text message from the bank. He is using
the money from my dental laboratory business to pay for his legal expenses. To prevent him
from further using our family savings, I decided to relocate the dental laboratory and hire a
new set of workers.

38. My eldest daughter, Kimberly S. Agustin, will also execute a sworn statement in
the proper forum and is also willing to testify but she is still hurt by what her father did.

39. From the foregoing, there is definitely a probable cause to indict my husband
Fernando B. Agustin and his concubine and my sister-in-law, Annaliza D. Sensaso for the crime
of Concubinage under Article 334 of the Revised Penal Code.
4
 AFFIANTS FURTHER SAYETH NAUGHT.

IN WITNESS WHEREOF, I have hereunto set my hands this 22 nd day of June 2023 in
Cainta Rizal.

__________________________
MARILYN SENSANO AGUSTIN
Complainant

SUBSCRIBED AND SWORN TO, before me this 22 nd day of June 2023. This is to certify
that I have personally examined the Complainant and I am satisfied that she voluntarily
executed and understood her statements

_________________________
ELOISA B. DE VERA-ALFORTE
ASSISTANT PROVINCIAL PROSECUTOR