Republic of the Philippines

MUNICIPAL TRIAL COURT

11TH JUDICIAL REGION
Branch 5
Tagum City, Davao del Norte

THE PEOPLE OF THE PHILIPPINES CRIM. CASE NO. B-TGM-

34-1111-BF

-versus- FOR: VIOLATION OF SECTION 1

IN RELATION TO SECTION 2 OF
BATAS PAMBANSA BILANG 22

GRACIA B. PAHIRAM
Accused
x--------------------------------------------x

JUDICIAL AFFIDAVIT

I, ELLEN DARNITA, 29 years of age, Filipino, married and a resident of

Tagum City. The witness in this case states under oath the following:

PRELIMINARY STATEMENT

The person examining me is Atty. Razel May M. Ramon with office address
at Door No. 1 ABC Building, Apokon Road, Tagum City, Philippines.

I am answering her questions fully conscious that I do so under oath and

may face criminal liability for false testimony and perjury.

PURPOSE:

This affidavit is being offered to prove that the defendant, GRACIA B.

PAHIRAM, issued several DISHONORED CHECKS TO ABIGAIL
DATUON, the complainant in this case.

1. Kindly tell the Honorable Court your name

Answer: Ellen Darnita.

2. Are you aware that you are under oath and you may be held
criminally liable for false testimony or perjury if you will not tell the
truth in your testimony?
Answer: Yes.

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3. How are you related to the private complainant in this case?
Answer: I am a business partner or co-investor of the complainant in
this case.

4. Do you know the accused?

Answer: Yes. Gracia B. Pahiram.

5. Why do you know the accused?

Answer: She convinced me, the complainant and other co-investors to
invest in her business ISKAM DIGITAL BUSINESS.

6. Can you identify him if she is inside the courthouse?

Answer: Yes.

7. How do you know the accused?

Answer: Through a mutual friend/ her staff in the office Eloisa
Problema.

8. What happened after you and the accused were introduced?

Answer: The accused convinced me to invest in her business Iskam
Digital Business and said that it would be better to have more
investors so I introduced her to Abigail Datuon. Both of us were
convinced to invest in the said business premised on the promise of
Gracia that the said business will be incorporated.

9. What happened thereafter?

Answer: There were no news of incorporation of the business from
Gracia Pahiram. We kept on making follow ups from Gracia but to no
avail.

10. So what did you do next?

Answer: When Abigail arrived from Afghanistan, I accompanied her
to see Gracia. We even sought the help of the barangay officials so
that we could talk to Gracia. Gracia promised to return Abigail’s and
my investments but she never promised a specific date.

When we had another conference with the help of the CIDG-Tagum,

Gracia ensured us that she could give back our investments because
there were new investors in her business. Thus, she issued postdated
checks, some in Abigail’s favor and some in my favor.

11. What happened to the checks she issued?

Answer: The checks she issued to me bounced with the stamped
“ACCOUNT CLOSED” upon encashment. Same goes to the other
checks of Gracia in favor of Abigail.

12. How did you know that the checks issued to Abigail by the accused
bounced?

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 Answer. We were together in the bank BDO-Liwayway Commercial
Area Tagum that time trying to encash the checks issued in our favor
which were already due and demandable.

13.After the checks were dishonored, what did you two do?
Answer: Abigail asked me to accompany her to Gracia’s residence to
hand her a notice of dishonor of the checks issued. I agreed to
accompany her since I was also planning to talk to Gracia regarding
the said dishonored checks issued in my favor.

14. What happened when you were there in Gracia’s residence?

Answer: Gracia was not that accommodating to us that day. She in
fact refused to talk to us and she refused to accept the notice of
dishonor from Abigail. Hence, Abigail decided to send Gracia the
notice of dishonor via registered mail.

15. What happened after that?

Answer: Gracia agreed to the conference/ arbitration with Abigail, me
and other investors in NAPOLCOM-Tagum. However, she never gave
us a definite time on which she would pay her obligations to us. She
did not make any arrangements for the full payment of her
obligations.

IN WITNESS WHEROF, I have hereunto set my hand this May

10, 2018 at Tagum City, Philippines.

ELLEN DARNITA
Affiant

Doc. No. 111

Page No. 11
Book No. VII
Series of 2018

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 ATTESTATION OF THE LAWYER

I, Razel May M. Ramon, of legal age, Filipino, single and a resident

of Mirafuentes Village, Tagum City, under oath declare that:

1. I am the one that conducted and supervised the examination of the

witness ABIGAIL DATUON.

2. I faithfully recorded or caused to be recorded the questions I asked

and the corresponding answers that the witness gave; and

3. Neither I nor any other person then present assisting me coached

the witness regarding her answer.

IN WITNESS WHEREOF, I have hereunto set my hand this May

10,2018 at Tagum City, Philippines.

ATTY. RAZEL MAY M. RAMON

Roll No. 51389-2019
IBP No. 808795- 1/ 20/17
PTR No. 4128499- 1/20/17; Tagum
MCLE Compliance III No. 0013978
Issued on January 22, 2018

SUBSCRIBED AND SWORN to before me this May 10, 2018 at Tagum

City, Philippines.

Doc No. 333

Page No. 33
Book No. V
Series of 2018

Administering Officer/ Notary Public

ATTY. AMARI LEXI SALVADOR
Roll No. 54579-2017
IBP No. 808797- 1/20/2017
TR No. 4228364- 1/20/2017; Tagum
MCLE Compliance III no. 0013821
Issued on January 22, 2018