Republic of the Philippines

Department of Justice
Office of the City Prosecutor
Manila City Hall
City of Manila

XXX CORPORATION,
Complainant,

-versus- For: Estafa (Art. 315 of RPC

on Deceit/Swindling)

JUAN DE LA CRUZ,
Respondent.
X--------------------------------X

JUDICIAL – AFFIDAVIT

I, XXX, of legal age, single and with office address at 2646-Z Taft Avenue, Malate,
Manila, and representing the complainant in this case, state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is ATTY. XXX, with office address at 2646-Q Taft
Avenue, Malate, Manila. The Examination is being held at the same address. I am answering
his questions fully conscious and that I do so under oath and may face criminal liability for
false testimony and perjury.

PURPOSE: This Judicial-Affidavit of XXX is being offered to prove that

respondent XXX has committed FIVE (5) COUNTS of ESTAFA UNDER ARTICLE 315
ON DECEIT AND SWINDLING against complainant XXX CORPORATION.

After having been duly sworn in accordance with the law, XXX hereby answers the
following questions:

1. Do you know the complainant in this case called XXX Corporation?

Answer: Yes, I do.

2. Why do you know XXX Corporation?

Answer: I am one of the Legal Officers of XXX Corporation-Taft Office.

3. What is XXX Corporation?

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 Answer: XXX CORPORATION (X, for brevity) is a lending corporation duly
organized and existing under and by virtue of the laws of the Republic of the
Philippines, with main office at XXX.

4. You mentioned that you are one of the Legal Officers of PJH-Taft Office. Where
is that Taft Office you are referring to?

Answer: The Taft Office is located at 2646-Z Taft Avenue, Malate, Manila.

5. Under what authority are you testifying right now?

Answer: I am duly authorized to represent and sign on behalf of X, as well as

institute complaints against any person or entity within our Luzon Area Offices,
pursuant to Board Resolution No. 2022-0003, approved on 03 March 2022 at
Cebu City, Philippines.

6. I am showing you Board Resolution No. 2022-0003 which we have

marked and attached as Annex “A”. Is this the same Board Resolution you are
referring to?

Answer: Yes, that is the same Board Resolution.

7. Do you know XXX, the respondents in this case?

Answer: Yes I do.

8. Why do you know XXX?

Answer: Based on our records, particularly from the loans list, said XXX
borrowed money from XXX.

9. How much did XXX borrow?

Answer: The amount of THIRTY-TWO THOUSAND TWO HUNDRED INETY-

TWO PESOS & 92/100 (PHP 32,292.92), inclusive of interest.

10. When did XXX borrow money from X?

Answer: Sometime on APRI 02, 2014.

11. Where does XXX reside?

Answer: XXX resides at Block 57, Lot 89, Phase 1, Bella Vista Subdivision,
Barangay Pedro, Gen. Mc Arthur 100000, Cavite.

12. What proof, if any, do you have that XXX borrowed money from X?

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 Answer: Aside from submitting a Loan Application, XXX also executed a
Promissory Note wherein she affixed her signature as Co-Applicant/Co-Borrower.

13. I am showing you the Loan Application and Promissory Note of XXX wherein
she affixed her signature as Co-Applicant/Co-Borrower, and which we have
respectively marked and attached as Annexes “B” and “C” hereof. Are these the
same Loan Application and Promissory Note you are referring to?

Answer: Yes, those are the same Loan Application and Promissory Note.

14. How will the loan be paid, if any?

Answer: XXX personally issued post-dated Checks in favor of X.

15. When did XXX issue the post-dated Checks in favor of X?

Answer: After the release of the loan.

16. What did XXX do after issuing post-dated Checks in favor of X?

Answer: XXX delivered the post-dated Checks to X-Taft Office at 2646-Z Taft
Avenue, Malate, Manila.

17. How can you be sure that XXX issued good Checks?

Answer: XXX assured that the Checks will be funded when presented for payment
to the drawee bank come their respective due dates.

18. Describe the Checks you mentioned.

Answer: The drawee bank of the Checks was ALLIED BANK-VITO CRUZ
BRANCH. Five of them are now the subjects of this case, viz: Check Nos. – (1)
0383602 dated July 02, 2014, and with the amount of PHP 5,148.00; (2) 0383603
dated August 02, 2014, with the amount of PHP5,148.00; (3) 0383604 dated
September 02, 2014, with the amount of PHP 5,148.00; (4) 0383605 dated
October 02, 2014, with the amount of PHP 5,148.00; and (5) 0383606 dated
November 02, 2014, with the amount of PHP 5,148.00.

19. I am showing you the Checks with ALLIED BANK-VITO CRUZ BRANCH as
drawee bank and which we have marked and attached respectively as Annex “D”,
Annex “E”, Annex “F”, Annex “G”, and Annex “H”, hereof. They are
respectively numbered as 0383602, 0383603, 0383604, 0383605, and 0383605,
respectively dated as July 02, 2014, August 02, 2014, September 02, 2014,
October 2, 2014 and November 02, 2014, with the amount of PHP 5,148.00 each.
Are these the same Checks you are referring to?

Answer: Yes, those are the same Checks.

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 20. What happened to the Checks from its issuance?

Answer: The Checks were presented for payments to the collecting bank within
the reasonable period.

21. What happened to the Checks when presented for payment to the collecting bank?

Answer: The Checks were dishonored by PLANTERS DEVELOPMENT BANK-

BUENDIA MAIN BRANCH, and payments were refused due to “Account Closed
(AC)”.

22. What did X do after the dishonor of the subject Check?

Answer: Upon dishonor of the subject Checks, X immediately made several

verbal demands to XXX for her to make good of the said Checks. She was also
served a Notice of Dishonor and/or Final Demand Letter.

23. How did PJH deliver such notice?

Answer: On __________________, PJH Liaison Officer-XXX. went to the afore-

mentioned residence of XXX to personally serve a copy of the said notice, which,
the latter received, as indicated by her signature affixed on the lower portion
thereof.

24. I am showing you a Notice of Dishonor and/or Final Demand Letter from X dated
02 August 2022 addressed to XXX, and which we have marked and attached as
Annex “I” hereof. Is this the same Notice of Dishonor and/or Final Demand
Letter you are referring to?

Answer: Yes, that is the same Notice of Dishonor and/or Final Demand Letter.

25. What proof do you have, if any, of your statement that XXX personally served a
Notice of Dishonor and/or Final Demand Letter to XXX?

Answer: XXX executed an Affidavit of Service.

26. I am showing you the Affidavit of Service of XXX which we have marked and
attached as Annex “J” hereof. Is this the same Affidavit of Service you are
referring to?

Answer: Yes, that is the same Affidavit of Service.

27. What did Annex “I”, which is the Notice of Dishonor and/or Final Demand
Letter, request XXX to do because of the dishonored Checks?

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 Answer: The notice requested XXX to make payments or payment arrangements
with the drawee bank concerning the dishonored Checks, or settle her obligations
with X.

28. Did XXX comply with such request to make payments or payment arrangements
with the drawee bank concerning the dishonored Checks, or settle her obligations
with X?

Answer: No. XXX did not comply with such request. She has not made
arrangements with the bank concerning the honoring of the subjects and referred
five (5) Checks nor made any effort to settle her obligations with X until now.

29. Why are you executing this Judicial-Affidavit?

Answer: I am executing this Judicial-Affidavit to attest to the truth of the

foregoing facts and the circumstances surrounding the issuance of the bouncing
Checks and in support of the complaint initiated by X against XXX on FIVE (5)
COUNTS OF ESTAFA OF ARTICLE 315 OF THE REVISED PENAL CODE
ON DECIET/SWINDLING.

30. What is now your prayer or wish or request before the City of Manila Prosecutors
Office?

Answer: I pray that an Information be filed with the Court for and on FIVE (5)
COUNTS OF ESTAFA OF ARTICLE 315 OF THE REVISED PENAL CODE
ON DECIET/SWINDLING against XXX. I likewise pray for the settlement of her
outstanding obligations, inclusive of interest/penalties, as maybe deemed proper.

31. If the City of Manila Prosecutors Office files the Information you prayed or
wished or requested for with the proper court, what do you pray or wish or request
for from the said court?

Answer: I pray that XXX be found guilty of FIVE (5) COUNTS OF ESTAFA OF
ARTICLE 315 OF THE REVISED PENAL CODE ON DECIET/SWINDLING
and that she be given penalties of imprisonment and fine for such criminal act and
committed to pay her total civil obligations with PJH.

IN WITNESS WHEREOF, I have hereunto set my hand this __________________

in the City of Manila, Philippines.

xXXXXXXXXXXXXXXXX
Affiant
UMID with CRN-10000000000

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 SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for Manila
City this ______ day of ______ 2022. Affiant personally came and appeared with his Unified
Multi-Purpose ID with CRN-100000000000 issued by the Republic of the Philippines at
Manila City, bearing his photograph and signature, known to me as the same person who
personally signed the foregoing instrument before me and avowed under penalty of law to
the whole truth of the contents of said instrument.

Notary Public

Doc. No.______;
Page No. ______;
Book No._____;
Series of 2022.

SWORN ATTESTATION

I hereby attest that I conducted the examination of the witness and that I faithfully
recorded the questions I asked and the corresponding answers he gave; that neither I nor any
other person coached him regarding the answers he gave.

ATTY. XXXXXXXXXXXXXXXX
Counsel for Complainant
2646-TT Taft Avenue, Malate, Manila
PTR No. 0000000000 / 06-07-2022 / Manila
IBP No. 000000000 / 05-18-2022 / Manila
Roll No. 000000000
MCLE Compliance (Exempt under MCLE
Board Order No. 1-2008)

SUBSCRIBED AND SWORN to before me this __________________at Manila,

Philippines. Affiant exhibited to me his Professional Driver’s License numbered D06-19-
0000000000, issued at Cavite, Philippines.

NOTARY PUBLIC

Doc. No. ______;

Page No. ______;
Book No.______;
Series of 2022.

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