REPUBLIC OF THE 

PHILIPPINES
OFFICE OF THE CITY PROSECUTOR
CITY OF DASMARIÑAS, CAVITE
      
MR. JOSE ISAGANI C. GARCES
Respondent

COMPLAINT AFFIDAVIT

              I, Mark Alvin Flores Jovido, Filipino, of legal age, with postal address at Blk1 Lot
32 Green Valley Detachment, Molino 2. Bacoor Cavite, after being duly sworn in to
accordance with law, hereby depose and say:

1. That I am employed as a Legal Officer of EQGRANT LENDING CORP., a lending company

duly organized and existing under and by virtue of laws of the Philippines with principal
address at 3Roze Building, Governor’s Drive, Sampaloc 1, Dasmariñas City, Cavite. `

2. That as Legal Officer of the company, my duties include, monitoring and collection of
delinquent accounts or past due accounts, delivery of demand letters and represent the
company in cases against delinquent borrowers of all the branches of the company.

3. That I am authorized by the company to file a criminal case for violation of Batas Pambansa
Bilang 22 against principal borrowers Mr. Jose Isagani C. Garces who can be served with
summons at Blk., 38 Lot 35, Bella Vista Subdivision, Brgy., Santiago, General Trias,
Cavite. Attached hereto as Annex “A” the Secretary Certificate authorizing me to
represent the company

4. On 28 September 2017, principal borrower Mr. Jose Isagani C. Garces applied for a loan
and was granted by EQGRANT LENDING CORP.,- Dasmariñas City Branch in the amount
of Two hundred fifty thousand pesos (Php250,000.00) with an interest of 4% per month
for twelve (12) months. Mr. Jose Isagani C. Garces executed a Promissory Note in the
amount of Three hundred seventy thousand pesos (Php 370,000.00). Copy of
Promissory Note is hereto attached as Annex “B”.

5. Simultaneous with obtaining the loan from our company (Dasmariñas City Branch), Mr.
Jose Isagani C. Garces issued the post-dated checks as payment for their amortization to
EQGRANT LENDING CORP. - Dasmariñas City Branch located at 3Roze Building,
Governor’s Drive, Sampaloc 1, Dasmariñas City and within the jurisdiction of this Honorable
Office, United Coconut Planters Bank – Governor’s Drive, Dasmariñas City, Cavite
Branch checks in payment of their obligation covered by the Promissory Note.

The respondent issued several checks and FOUR (4) among the several checks are the
subject of this case which was deposited amounting to Php 46,251.00, to wit:

UCPB Dasmariñas City Branch 7367365 April 12, 2018 Php 15,417.00
UCPB Dasmariñas City Branch 7367364 April 28, 2018 Php 15,417.00
UCPB Dasmariñas City Branch 7367366 May 12, 2018 Php 15,417.00
UCPB Dasmariñas City Branch 7367367 May 27, 2018 Php 15,417.00
UCPB Dasmariñas City Branch 7367368 June 12, 2018 Php 15,417.00
                                                                         
6. When presented to our Banco De Oro - SM 2 Dasmariñas City Branch, our company
depository bank were dishonored due to ACCOUNT CLOSED. Copies of the front and
dorsal portions of the checks are hereto attached as Annexes “C”, “D”, “E”, “F”, “G”.
 7. Likewise, written and verbal demands through demand letters, collection follow up and
barangay hearing to settle their obligation were made but Mr. Jose Isagani C. Garces
refused and failed and continues to refuse and fail to pay their just and valid obligation.

8. As a result of the failure of Mr. Jose Isagani C. Garces, to make good of the checks, the
company was constrained to engage the services of a counsel wherein the company paid
and amount of Php 20,000.00 plus Php 3,000.00 per appearance in the hearings.

9. Herein attached are the Demand Letter delivered to the wife of respondent on April 28,
2018; Demand Letter personally delivered to the respondent on May 29, 2018 and Notice of
Dishonor of returned checks delivered to the wife of the respondent on June 18, 2018
marked as Annexes “H”, “I”, “J” and Affidavit of Service marked as Annex “K”.

10. I am executing this Affidavit to attest to the truthfulness of the foregoing and for the
purpose of charging Mr. Jose Isagani C. Garces, of FIVE (5) counts of violation of
Batas Pambansa Blg. 22.

IN WITNESS WHEREOF, I have affixed my signature this __ day of June 2018 in

Dasmariñas City, Cavite, Philippines.
Mark Alvin F. Jovido
Affiant

SUBSCRIBED AND SWORN to before me this ____ day of June, 2018 in Dasmariñas
City, Province of Cavite. I further certify that I have personally examined the Affiant
and I am satisfied that she voluntarily executed her Counter-Affidavit and that she
understood the contents of the same.

CITY PROSECUTOR

CERTIFICATION

This is to certify that I have personally examined the affiant and I am convinced that he
has fully executed this Complain-Affidavit, read the same and understood the contents
thereof and that the allegation therein are true and correct of his personal knowledge and
based on the authentic documents in his possession.

CITY PROSECUTOR