REPUBLIC OF THE PHILIPPINES )

DONE IN THE CITY OF BAGUIO ) S.S.

X------------------------X

COMPLAINT-AFFIDAVIT

I, Jess Dulaycan Dekdeken, of legal age, Filipino citizen, and with postal address
at No.50 Purok 26 Upper San Carlos Height, Irisan Baguio City, after having been
sworn to in accordance with law, hereby depose and state that:

1. I am filing a case of violation of Batasang Pambansa Blg. 22 against the

person of Daria Olowan Daging, of legal age, and with postal address at No. 45 Purok
3, Fairview Central, Baguio City;

2. The circumstances of my complaint against Daria Daging are as follows:

2(a) I am the same person who filed a case of Estafa against Daria Daging on
August 17, 2017 at the Baguio City Prosecutor’s Office under NPS
Docket No. 17-1794;

2(b) I filed a case of Estafa against Daria Daging due to her act of defrauding
me to produce capital share under the guise of becoming her business
partner in alleged business bar named Nashville Grill located at the 3 rd
floor of Florendo & Sons Building, corner Shuntog Street and Abanao
Street, Baguio City which I learned later that the said bar is facing
ejectment case in one of the Court in Baguio City and its operation was
later taken over by certain Ms. Elizabeth Yubos;

2(c) When Daria Daging learned that I filed a case of Estafa against her, she
offered to settle with me by offering a monthly payment equivalent to the
deductions from my monthly salary amounting to ten thousand five
hundred pesos (PHP 10,500.00) up to the last payment of my loan I
obtained from PSSLAI which will end on December 2020;

2(d) Due to the offer of Daria Daging, we made a written agreement in the
form of Acknowledgement Receipt which was duly signed by me and
Daria Daging in the presence of our witnesses on September 14, 2017
and I submitted the subject document with corresponding letter request to
the office of the City Prosecutor for the withdrawal of my complaint;

2(e) Acting on my letter request, the City Prosecutor issued a Resolution

recommending for the withdrawal of the complaint without prejudiced to
its refilling/withdrawal;

2(f) On December 20, 2019, while at the City Prosecutor’s Office, Daria
Daging issued me a WealthBank post- dated check under Check No.
0013139161 amounting to seventy two thousand pesos (PHP 72,000.00)
as part of the payment embodied in our agreement;

2(g) When I presented the above mentioned Check at WealthBank for

encashment, it was dishonored by the bank for the reason “CLOSED
ACCOUNT”;

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 2(h) I diligently located Daria Daging and I approached her about the worthless
check she issued to me. I appealed to her to settle the problem but my
appeal fells in deaf ears;

2(i) Due to the defiance of Daria Daging to settle the problem on the worthless
check she issued to me, I made an option to consult legal remedy and
thru the service of Atty. Gabino Chao-ayan, he prepared a Demand Letter
dated February 27, 2020 addressed to Daria O. Daging;

2(j) On February 28, 2020, I and Jonalyn Dekdeken located Daria Daging at
Solibao Restaurant, Session Road, Baguio City and when I personally
handed her the copy of the demand letter, she took it, she read it but after
reading it, she vexed me by saying in Ilocano dialect to quote, “Ammom
met ti address kon, in-mail mo a, police ka pay met ngarud ammom
dayta” (You already knew my address, you should have sent it thru mail,
you are even a policeman…);

2(k)) I put the date and time below her name, and then I marked the document
to quote, “Refuse to receive”, and then I and Jonalyn Dekdeken signed
above our name;

2(l) Since Daria Daging refused to take her personal copy of the demand
letter, I mailed a copy on her given address which is No. 45 Purok 3,
Fairview Central, Baguio City;

2(m) I will attached the copy of my affidavit-complaint on the case of Estafa

against Daria Daging, the copy of demand letter, the photocopy of the
Post-dated check she issued to me, the copy of our earlier agreement in
the form of Acknowledgement receipt, the photocopy of the resolution of
the Prosecutor, and the Postal Office Receipt when I sent the copy for
Daria Daging as annexes to support my complaint;

3. It was due to this another deceptive act of Daria Daging that I will file a case of
violation of Batasang Pambansa Blg No. 22, also known as the Bouncing Checks Law
for issuing me as form of payment a worthless check, which was subsequently
dishonored by the bank upon presentment;

4. I believed that the act of Daria Daging of issuing me a worthless check as form
of payment is a violation and punishable under Batas Pambansa Blg. 22 since all the
essential elements of the said Anti-bouncing check law are present in this case;

5. I am executing this complaint-affidavit to attest to the truthfulness of the

foregoing, and to pursue charges against Daria Olowan Daging.

IN WITNESS WHEREOF, I have hereunto set my hand this ___th day of March
2020 in the City of Baguio, Philippines.

JESS DULAYCAN DEKDEKEN

(Affiant)

SUBSCRIBED AND SWORN to before me this ___the day of March 2020 at

Baguio City, Philippines. I further Certify that I have examined the affiant and I am
convinced that he voluntarily executed his affidavit and he understood the same.

PROSECUTOR
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 Republic of the Philippines
DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
BAGUIO CITY

INVESTIGATION DATA FORM

DATE RECEIVED: NPS DOCKET NO.____________

(Stamped and Initiated): _____________________________________________________

Assigned: ________________________________________________________________
Time Received: _____________________________ Assigned to: ____________________
Receiving Staff: _____________________________ Date

COMPLAINANT/S Name, Sex, Age & Address RESPONDENT/S Name, Sex, Age & Address:

JESS DULAYCAN DEKDEKEN, male, legal age, DARIA OLOWAN DAGING, female, legal age,
No.50 Purok 26 Upper San Carlos Height, No. 45 Purok 3, Central Fairview, Baguio City.
Irisan Baguio City.
CONTACT NO. 09482639400

OFFENSE COMMITTED/LAWS VIOLATED: WITNESS/ES: Name and Address:

Violation of BP 22 (Anti-Bouncing Check Law)

DATE AND TIME OF COMMISSION PLACE OF COMMISSION:

December 20, 2019 Prosecutor’s Office, Justice Hall, Baguio City

1. Has a similar complaint filed before any other office? YES: ____NO:__X_
2. Is this complaint a nature of a counter-charge? YES:____NO:_X__, If yes indicate details below
3. Is this complaint related to another case before this office? YES:____NO:__X, If yes indicate details below

CERTIFICATION
I CERTIFY, under oath, that all the information on this sheet are true and correct to the best of my
knowledge and belief, that I have not commenced any action or filed any claim involving the same issues in any
court, tribunal or quasi-judicial agency, and that if I should thereafter learn that a similar action has been filed and/or
is pending, I shall report that fact to this honorable Office within five (5) days from knowledge thereof.

JESS DULAYCAN DEKDEKEN

(Signature over Printed Name)

SUBSCRIBED AND SWORN to before me this ____ day of March 2020, in the City of Baguio, Philippines.

CITY PROSECUTOR
 Republic of the Philippines
National Police Commission
PHILIPPINE NATIONAL POLICE
BAGUIO CITY POLICE OFFICE
POLICE STATION 9
Abanao Street, Baguio City

March 4, 2020

THE HONORABLE CITY PROSECUTOR

City Prosecutor’s Office
Justice Hall, Baguio City

DEAR SIR:

We respectfully transmit to your office herein investigation papers in relation to a case of

Alleged violation of Batasang Pambansa Blg. 22 for your perusal and proper disposition.

COMPLAINANT: Jess Dulaycan Dekdeken, of legal age, with postal address at No.50 Purok
26 Upper San Carlos Height, Irisan Baguio City.

RESPONDENTS: Daria Olowan Daging, of legal age, and with postal address at No. 45 Purok
3, Fairview Central, Baguio City.

DATE/TIME AND PLACE OF THE INICDENT: December 20, 2019 /2:00 PM, City
Prosecutor’s Office, Justice Hall, Baguio City.

ATTACHMENTS:

1. Complaint-Affidavit
2. Copy of the complaint-Affidavit of the complainant on a case of Estafa
3. Copy of Acknowledgement Receipt
4. Copy of the Prosecutor’s Resolution on a case of Estafa
5. Photocopy of the post-dated check
6. Copy of the final demand letter
7. Copy of the Postal Receipt

FACTS OF THE CASE:

Respondent was charged by the complainant for a case of Estafa when she deceived
the complainant to invest his money to her (Respondent) business, a Bar which is already
subject for Ejectment upon Order of the Court. The respondent offered to settle with the
complainant and the complainant agreed. As was agreed upon, the respondent will pay the
complainant. The respondent however, issued a WealthBank post-dated check to the
complainant as payment but when the complainant went to encash the check, it was dishonored
by the bank due to reason of “Closed Account”.

The suspect is still under Hospital arrest at Baguio General Hospital and Medical Center
as of this date.

Thank you very much and more power.

Very truly yours,

MARLO GASINGAN EVASCO

Police Major
Station Commander