27 August 2018

The Honorable City Prosecutor

Office of the City of Prosecutor
Cebu City

Dear Sir / Ma’am:

Good day!

On behalf of our client, Patrick Swayze, we have the honor to file

before your good office a criminal complaint for Estafa of Article 315 of the
Revised Penal Code or such offense/s your good office may find
appropriate, against one Emma Sanchez, whose last known business address
is at A. Coyoca St., Poblacion, Panglao, Bohol.

The circumstances surrounding the case are best described in the

attached Judicial Complaint-affidavit, together with all supporting
documents.

Thank you very much.

Respectfully yours,

HANNA MAE MATA

BY: Roll of Attorneys No. 70000
IBP No. 11111 (Lifetime); Cebu City
PTR No. 123456; 10 January 2020; Cebu City
MCLE Compliance No. VI-154232; 11 June 2020
Hannamaemata96@gmail.com

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 JUDICIAL COMPLAINT-AFFIDAVIT

I. Preliminary Information

A. Personal Circumstances of the Complainant

Name: Patrick Swayze
Age: Fifty (50) years old
Office Address: A32 221, N. Antonia Street, Panglao Bohol

B. Lawyer Who Conducted the Examination

Name: Hanna Mae M. Mata
Address: Gov. M. Cuenco Ave, Cebu City, 6000 Cebu
Place of Examination: Gov. M. Cuenco Ave, Cebu City, 6000 Cebu

II. Offer

The JUDICIAL COMPLAINT-AFFIDAVIT of the Plaintiff,

PATRICK SWAYZE, is being offered to prove the following:

1. That the accused defrauded herein complainant through abuse of

confidence;
2. That the accused pocketed six million pesos (P6,000,000) worth of
income which rightfully belonged to complainant;
3. That complainant incurred actual and moral damages as a result
thereof.

PRELIMINARY STATEMENT

This Judicial Affidavit was taken by Atty. Hanna Mae Mata at her
office at Gov. M. Cuenco Ave, Cebu City, 6000 Cebu. I am answering the
questions asked to me by Atty. Mata conscious that I do so under oath, and
that I may face criminal liability for false testimony or perjury.

QUESTIONS AND ANSWERS

1. Can you state your name and other personal circumstances for the
record?

Answer: I am Patrick Swayze, British, single, of legal age, and with

address at A32 221, N. Antonia Street, Panglao Bohol.

2. What brought you here today?

Answer: I want to file a case for Estafa against Emma Sanchez

(herein referred to as Emma), Filipino, of legal age, single and with
address of A. Coyoca St., Poblacion, Panglao, Bohol.
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3. Can you tell us about the incident that led you to file the instant
criminal complaint for Estafa against Ms. Emma Sanchez?

Answer: Yes. Sometime in 1999, I met Emma at Alona Beach Resort

in Panglao Bohol. She informed me that she has a five thousand
square meter (5,000 sqm.) beach-front property in Doljo, Panglao,
Bohol. She enticed me to invest in the development of her beach-
front property into a resort.

4. What happened thereafter, if any?

Answer: Upon inspection of the property, I discovered its proximity

to some of the best dive spots in the Philippines, so I agreed to invest
my hard-earned money and develop the beach-front property into the
world-class resort it is now, which is the Hayahay Resort.
5. How did you go about the agreement?

Answer: We agreed to establish a corporation, Atty, to manage such

resort. Emma and I were among the incorporators. We also agreed
that after we incorporate, Emma would lease her beach-front
property to the corporation. Here is the contract of lease that we
executed.

Counsel: LEASE CONTRACT dated 22 September 2000 is

herein attached as “ANNEX A”

6. What happened thereafter?

Answer: Using my personal money, I built a dive center at the resort

and bought all the necessary equipment for diving and other water
activities which may be leased by resort’s customers who were into
diving and other water sports.

7. What was your system of sharing the profits, if any?

Answer: Emma and I agreed that she would remit to me the revenue
of the business every first week of each month.

8. How much is she supposed to remit to you every month?

Answer: The entire revenue of the resort.

9. Why the entire revenue?

Answer: Actually, Atty, I paid, with my personal money, for all the
expenses of the incorporation, including the subscriptions of Emma
and the other incorporators. However, since I am a foreigner, I

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 cannot own more than forty percent (40%) of the Corporation. So
that, while I paid for all the paid-in capital for all the shares
subscription of the Corporation, including Emma’s sixty percent
(60%) interest, I was reflected as the owner of only 40% of the
Corporation. Furthermore, In addition to paying all the paid-in
capital of the Corporation, I also paid for all the expenses for the
construction of the Hayahay Resort into a world-class resort.

10.What happened thereafter, if any?

Answer: Well, at first, the revenues of the dive center were regularly
remitted to me within the first week of each month. However, I was
surprised when revenue for April 2018 were not remitted to me
within the first week of the said month as well as revenues from the
dive center for the months May, June, and July, of this year.

11.How much are the unremitted revenue?

Answer: Six million pesos, all in all.

Counsel: PRINTOUTS OF THE MONTHLY STATEMENTS

REFLECTING THE MONTH OF APRIL 2018 UP TO
PRESENT are herein attached as “ANNEX B”

12. In this criminal case filed against Emma Sanchez, what do you seek
from the Honorable Court?

Answer:

First, Emma must be held criminally liable for ESTAFA;

Second, Emma must pay me SIX MILLION PESOS (P6,000,000)

representing the unremitted revenues of the resort for the month of
April 2018 up to the present;

Third, Emma should be made to pay me moral damages in the

amount of ONE HUNDRED THOUSAND PESOS (Php100,000.00)
for her fraudulent scheme of not remitting the revenues of the resort
to me by abusing my trust reposed unto her

Fourth, Emma should be made to pay me SEVENTY THOUSAND

PESOS (Php70,000.00) as Attorney’s fees and Litigation expenses.

Sixth, Emma should be made to pay legal interest at the rate of six
(6%) per annum, to be reckoned from the filing of the complaint until
fully paid, for failing to remit the revenues of the resort due to me.

13.Is there anything else that you would like to say?

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 Answer: That is all, Atty.

14.Do you confirm and affirm the truthfulness and correctness of all the
narrations contained in this Complaint-Affidavit?
Answer: Yes, all of the foregoing statements are true and correct to
the best of my personal knowledge and based on some authentic
records.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 27th

day of August 2018 at Cebu City, Philippines.

PATRICK SWAYZE (sgd)

Affiant
Professional Regulations Commission ID
ID No.0011111

SUBSCRIBED AND SWORN to before me in the City of Cebu this

th
27 day of August 2018. I hereby certify that I have personally examined
the above-named affiant and that I am satisfied that the foregoing
JUDICIAL COMPLAINT-AFFIDAVIT was given by him voluntarily and
of his own free will.

ATTESTATION

I, Hanna Mae Mata of legal age, married, Filipino, and with office address at
Gov. M. Cuenco Ave, Cebu City, do hereby certify that:

1. I propounded questions to Patrick Swayze and faithfully recorded or

caused to be recorded the questions I asked and the corresponding
answers that Patrick Swayze gave, as above stated; and

2. Neither I nor any other person then present or assisting him coached
him regarding his answers.

IN WITNESS WHEREOF, I have hereunto set my hand this 27 th day of

August 2018, at Cebu city.

ATTY. LEEYAN BATIANCILA (sgd)

Administering Officer
Counsel for the Complainant
Gov. M. Cuenco Ave, Cebu City
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 Roll of Attorneys No.53189
PTR No.9303372
IBP OR No.023347 / June 13, 2018
MCLE Compliance No. VI-0014402

SUBSCRIBED AND SWORN TO before me at the City of Cebu,

Philippines, this 27th day of August 2018, by Hanna Mae Mata exhibiting to
me his IBP identification card.

WITNESS MY HAND AND SEAL this 27 h day of August 2018 in

the City of Cebu.

Copy furnished:
Counsel for the accused
Cebu City

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