Republic of the Philippines )

City of General Santos) s.s

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COMPLAINT- AFFIDAVIT

The complainant is Milbert Casuga Pajarillo, of legal age, married, Filipino and for purposes of this criminal complaint, with
residence and postal address at Magnolia Village, Brgy. Calumpang, General Santos City.

The respondent is Elsie Jordan Catague, of legal age, married, Filipino national with postal address, where summons and
notices may be served at Purok 7, Phil Banking Village, New Society, Brgy. Apopong, General Santos City.

This is a criminal complaint for ESTAFA involving the sum of Three Hundred Thirty Thousand Pesos (P330, 000.00)
arising from fraud by the respondent.

After having been duly sworn to according to law hereby depose and say:

(1) This complaint- affidavit is being filed to charge Elsie Jordan Catague, of legal age, married, Filipino national with
postal address, where summons and notices may be served at Purok 7, Phil Banking Village, New Society, Brgy.
Apopong, General Santos City of the crime of ESTAFA under Article 315 of the Revised Penal Code, committed as
follows:

(a) On May 17,2017, the respondent ask me to mortgage a parcel of land covered by OCT NO. P-34052 known
and identified as agricultural Lot No. 408, Pls-959, situated at Polonuling Tupi South Cotabato, containing an
area of TWENTY THOUSAND FOUR HUNDRED EIGHTY NINE (20,489) square meters more or less, for
and in consideration of the sum of ONE HUNDRED TWENTY THOUSAND (P120, 000.00) PESOS,
Philippine Currency.

(b) That the respondent shall occupy and cultivate the above described parcel of land until such time that the
said mortgage will expire.

(c) That the respondent shall be obliged to give 60 sacks of palay every cropping even if the harvest is not good,
the latter still give 60 sacks of palay, and if the respondent short of the said cropping the balance shall be
added to the next cropping.

(d) That on the first cropping in the year 2017, the respondent-mortgagor failed to fulfil her promised, and only to
find out, that the said parcel of land was not yet owned by respondent (Annex “A”)
.

(d) That sometime in the third quarter of 2017, the complainant personally sued the respondent in the OFFICE
OF THE LUPONG TAGAPAYAPA,at Barangay Polonuling, Municipality of Tupi. However despite repeated
demands made by the complainant, the respondent continues to fail and refuse to comply with its contractual
obligation under the deed of real estate mortgage, wherein it guaranteed to pay “ every cropping even if the
harvest is not good hence the barangay decided to issue a certificate to file complaint (Annex “B”)

(e) Based on the estimated value of seven hundred pesos (P700.00) per sack, the liability of the respondent
from the perfection of the contract until the present time for 5 consecutive croppings at 60 sacks per cropping
totalling to 300 sacks has totalled to two hundred ten thousand pesos (P210,000.00) for a total amount of
three hundred thirty thousand pesos (P330,000.00).

(f) Complainant- affiant hereby executes and files this criminal complaint to attest to the truth of the foregoing
statements and to charge respondent of the crime of estafa under Article 315 of the Revised Penal Code.
Respondent carried out the unlawful and fraudulent acts described herein.

AFFIANT FURTHER SAYETH NAUGHT.

IIN WITNESS WHEREOF, I have hereunto set my hand this 1st day of April, 2019 at General Santos.

MILBERT C. PAJARILLO
Complainant-affiant

SUBSCRIBED AND SWORN to before me this ___ day of _______ at _______________. I HEREBY CERTIFY
that I have personally examined the herein offended party and I am satisfied that they voluntarily executed and
understood their given affidavit.

_________________________
Administering Officer

WITNESSES:

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