REPUBLIC OF THE PHILIPPINES

Bohol, Philippines

PATRICK SWAYZE,
Complainant,
Criminal Case No.
______________
For: Estafa by Means of Abuse
of Confidence under Art 315
No. 1(b) of the RPC
-versus-

EMMA STONE, GRETA

ODEN, SHAYLA
DURANT, and WAYNE
BRYANT
Respondents.
X------------------------------------------------x

JUDICIAL AFFIDAVIT

I, PATRICK SWAYZE, British national, of legal age, single, and

a resident of Panglao, Bohol, Philippines, after having been duly
sworn in accordance with law, do hereby depose and state that:

PRELIMINARY STATEMENT

That in accordance with A.M. No. 12-8-8-SC, which

prescribes the use of judicial affidavits to serve as the direct
examination testimony of the witness, on the basis of which the
adverse party may conduct their cross-examination on such a
witness, I hereby execute this judicial affidavit in a question and
answer format;
 That conformably with section 3 (b) of the said A.M. No. 12-
8-8-SC, I also state that it was ATTY. ANTHONY LEIGH C. SIBI
who conducted the examination of the undersigned affiant;

That conformably also with section 3 (c) thereof, I hereby

state under the pain of perjury that in answering the questions asked
of me, as appearing herein below, I am fully conscious that I did so
under oath, and that I may face criminal liabilities for false testimony
or perjury;

PURPOSE OF THE AFFIDAVIT

This complaint-affidavit in judicial affidavit form is offere

pursuant to Administrative Matter No. 12-8-8-SC, for the following
purposes:

1. To establish probable cause for the filing of an information

for violation of Art. 315 No. 1(b) of the Revised Penal Code on
Estafa with unfaithfulness or abuse of confidence:

(b) By misappropriating or converting, to the

prejudice of another, money, goods or any other personal
property received by the offender in trust, or on
commission, or for administration, or under any other
obligation involving the duty to make delivery of, or to
return the same, even though such obligation be totally or
partially guaranteed by a bond; or by denying having
received such money, goods or other property;

2. To identify and testify on relevant and material documents;

3. To identify respondents as the perpetrators of the crime; and

4. To prove other relevant matters.

AND UNDER OATH, AVERS THE FOLLOWING:

1. Q: Please state your name, age, civil status, occupation, if any,

and present address.
 A: I am Patrick Swayze, British national, of legal age, single,
and a resident of Panglao, Bohol.

2. Q: Do you understand English?

A: Yes. I prefer that the affidavit be written in English.

3. Q: Do you swear to tell the truth, the whole truth, and nothing
but the truth?

A: I do, attorney.

4. Q: Are you aware that you will face criminal liability for false
testimony or perjury should you refrain from telling the truth?

A: Yes. I am aware.

5. Q: What brought you to this office?

A: I am going to file a criminal case against Emma Stone, Greta

Oden, Shayla Durant, and Wayne Bryant.

6. Q: For what crime?

A: For Estafa by Abuse of Confidence, through

misappropriation of revenues by failing to deliver such to the
complainant, which was committed here in Panglao, Bohol.

7. Q: Who are these persons that you mentioned?

A: These are the Directors of Hayahay Beach Resort

Incorporated.

8. Q: What is your relationship with Hayahay Beach Resort

Incorporated?

A: I own 40% of the paid-in capital of Hayahay Beach Resort. I

am also the same person who set up a dive center thereto, purchased
all the equipment, and bought all the facilities necessary for the
operation of the same.
9. Q: You mentioned that you will file a criminal case against the
persons enumerated for Estafa by Abuse of Confidence under Article
315 No. 1(b) of the Revised Penal Code. Why is that?

A: They withheld the net revenue earned by the dive center in

said Resort, and failed to remit the same to me pursuant to the
agreement we entered into.

10. Q: Who is this Emma Stone?

A: She is one of the directors and incorporators of Hayahay

Beach Resort Corporation. I met her sometime during the last quarter
of the year 1999 in Alona Beach Resort in Panglao, Bohol.

11. Q: What happened next, if any?

A: During such meeting, Emma Stone informed me that she

had a five thousand square meter (5,000 sqm.) beach-front property
in Doljo, Panglao, Bohol. She then enticed and convinced me to invest
in the development of her beach-front property into a resort.

12. Q: What happened next, if any?

A: That upon seeing the property, and discovering its close

proximity to some of the best dive spots in the Philippines, I agreed
to invest my money and develop the beach-front property into the
world-class resort it is now.

13. Q: What was your agreement with Emma as regards your

investment, if any?

A: Emma and I agreed that we would incorporate a corporation

(i.e. Hayahay Beach Resort Corporation). Moreover, it was agreed
that her contribution would consist of the use of the beach-front
property, which she will then lease to the Corporation. My
contribution, on the other hand, consisted of paying all the expenses
for the incorporation of the corporation, and the construction of the
Hayahay Resort. In addition, I spent my own money to put up a dive
center therein. I bought all the necessary equipment for diving and
other water activities which may be leased by Hayahay’s customers
who were into diving and other water sports. These were all reduced
into writing.

14. Q: What happened next, if any?

A: That pursuant to such agreement, a contract of lease was

executed in favor of the Corporation on 22 September 2000.

15. Q: As regards the operation of the dive center, did you have a
specific agreement with Emma?

A: Yes. Emma, the other incorporators of the corporation, and

myself all agreed that the revenues from the dive center will solely
belong to me since I was the one who purchased all the equipment
and facilities using my personal funds. We executed an agency
agreement pursuant to this.

16. Q: What happened next if, any?

A: From the time Hayahay Resort and the dive center started
operations in December of 2000 up to March 2018, the revenues in the
dive center were regularly remitted to me. However, revenues or
profits from the dive center for April 2018 including months of May,
June, and July of this year were not remitted.

17. Q: In connection thereto, what did you do next, if any?

A: I made an investigation with the help of the corporation’s

Accounting Department. There I discovered, from the printouts of
the monthly statements of revenues/profits, that the dive center
earned a net profit of six million pesos (P6,000,000.00) from the
period of April 2018 up to the present. Thus, I had the conclusion that
Emma Stone and the other directors of the corporation kept the said
sum of money, and failed to remit the same to me pursuant to the
agreement we entered into.

18. Q. What happened next, if any?

A: On 10 March 2020, I sent a letter to Emma Stone, and to the

other directors of the Corporation, namely, Greta Oden, Shayla
Durant, and Wayne Bryant demanding them to remit to me the six
million peso profit earned by the dive center within five (5) days
from receipt otherwise, resort to legal means will be made. The letter
was personally received by them on the same day.

19. Q: Did they comply with the demand?

A: No. After the lapse of five days from 10 March 2020, the
persons abovementioned failed to heed to the demand.

20. Q: Are you willing to affix your signature here in order to

prove that you have voluntarily made this affidavit and also
understood the contents herein?

A: Yes.

21: Q: Is there anything else that you want to say?

A. None at the moment, attorney.

X-----END OF INQUIRY---X

Republic of the Philippines )

Tagbilaran City )S.S.
 AFFIANT’S OATH AND ATTESTATION

I, Patrick Swayze, British, of legal capacity and competence to

comprehend without any vice of consent, hereby attest to have
voluntarily and truthfully made the answers to the foregoing
questions.

IN WITNESS WHEREOF, I have hereunto set my hand this

23 day of March 2020, in the City of Tagbilaran, Bohol, Philippines.
rd

PATRICK SWAYZE
Affiant

SUBSCRIBED AND SWORN TO before me this 23rd day of

March 2020 with affiant exhibiting his Driver’s License No. D-123444
issued on September 1, 2018 at Hate St., Brgy. Love, Tagbilaran City
as his competent evidence of identity.

ANTHONY LEIGH C. SIBI

NOTARIAL COMMISSION NO. 044-19
NOTARY PUBLIC, TAGBILARAN CITY
UNTIL DEC. 31, 2020
Roll of Attorneys No. 12345
IBP LRN N0. 12345; Tagbilaran City
PTR No. 8889099; 1/10/2020; Tagbilaran City
MCLE Compliance No. V-1123; Aug. 1, 2019

Doc. No. 1;
Page No. 2;
Book No. 3;
Series of 2020.
Republic of the Philippines )
Tagbilaran City )S.S.

LAWYER’S SWORN ATTESTATION

 I, Atty. Anthony Leigh C. Sibi, of legal age, Filipino citizen, and
a resident of Tagbilaran City, Bohol after having been duly sworn to
in accordance with law, do hereby attest that I have conducted and
supervised the examination of the foregoing witness in executing the
foregoing Judicial Affidavit; I faithfully recorded the questions I
asked him and the corresponding answers he gave me; and neither I
nor any other person then present coached him regarding his
answers.

WITNESS MY HAND this 23rd day of March 2020 in the City of

Tagbilaran, Bohol, Philippines.

Atty. Anthony Leigh C. Sibi

Supervising Lawyer
Roll of Attorneys No. 12345

SUBSCRIBED AND SWORN to before me at the date and place

above-stated, the foregoing affiant personally appearing before me
and personally identified by me by the above-indicated competent
evidence of identity.

LEBRON JAMES
NOTARIAL COMMISSION NO. 055-18
NOTARY PUBLIC, TAGBILARAN CITY
UNTIL DEC. 31, 2020
Roll of Attorneys No. 567891
IBP LRN N0. 77778; Tagbilaran City
PTR No. 8881919; 1/10/2020; Tagbilaran City
MCLE Compliance No. V-1111; Aug. 1, 2019
Doc. No. 2;
Page No. 3;
Book No. 4;
Series of 2020.
 VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING

I, Patrick Swayze, of legal age, British, and a resident of

Panglao, Bohol, after being sworn to in accordance with law, do
hereby state that:
 1. I am the complainant of the instant case and I have caused
the filing of this Complaint Affidavit for violation of Art. 315 No. 1(b)
(Estafa by Abuse of Confidence) of the Revised Penal Code against
Greta Oden, Shayla Durant, and Wayne Bryant.

2. I have read the contents and the allegations thereof, and the
facts stated therein are true and correct of my personal knowledge;

3. I hereby certify that there is no other pending case or

proceedings involving the same issue in the Supreme Court, the
Court of Appeals or different divisions thereof or any tribunal or
agency, and to the best of my own personal knowledge, no such
action or proceeding is pending in the said courts, tribunal, or agency
or division thereof; and

4. That if I should thereafter learn that a similar action or

proceeding has been filed or is pending before the Supreme Court,
the Court of Appeals, or any other tribunal or agency, I undertake to
report that fact and the status of the same within five (5) days
therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this

23 day of March 2020, in Tagbilaran City, Philippines.
rd

PATRICK SWAYZE
Affiant

SUBSCRIBED AND SWORN TO before me this 23rd day of

March 2020 with affiant exhibiting his Driver’s License No. D-123444
issued on September 1, 2018 at Hate St., Brgy. Love, Tagbilaran City
as his competent evidence of identity.

ANTHONY LEIGH C. SIBI

 NOTARIAL COMMISSION NO. 044-19
NOTARY PUBLIC, TAGBILARAN CITY
UNTIL DEC. 31, 2020
Roll of Attorneys No. 12345
IBP LRN N0. 12345; Tagbilaran City
PTR No. 8889099; 1/10/2020; Tagbilaran City
MCLE Compliance No. V-1123; Aug. 1, 2019

Doc. No. 3;
Page No. 4;
Book No. 5;
Series of 2020.