REPUBLIC OF THE PHILIPPINES)

Surigao City ) S.S.

Complaint-Affidavit

I, JAMES REID, Filipino, of legal age, with postal and residential address at
Purok 2, Brgy. Mabini, Surigao City, after being duly sworn in accordance with
law, hereby depose and state:

1. That I am filing a criminal complaint for Estafa under Article 315 (1)
With unfaithfulness or abuse of confidence (b) “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”, of
the Revised Penal Code, against NADINE LUSLUSTRE, of legal age,
married to LITO LAPID, Filipino and presently a resident of Purok 5,
Brgy. Maquilao, Tangub City;

2. That the elements of Estafa with abuse of confidence under paragraph

1(b) of Article 315 are the following:

A. That money, goods or other personal property be received by the

offender in trust, or on commission, or for administration, or any
other obligation involving the duty to make delivery of, or to
return, the same;
B. That there be misappropriation or conversion of such money or
property by the offender, or denial on his part;
C. That such misappropriation or conversion or denial is to the
prejudice of another; and
D. That there is a demand made by the offended party to the
offender.

3. That the criminal liability arose when Nadine Luslustre (Nadine for
brevity) called by phone, the complainant James Reid (James for
brevity), sometime on the first week of July 2019, regarding a business
proposal, whereby Nadine will lend money to other government
employees, with interest, utilizing the money of James as capital
thereof. Nadine even boasted that the monetary loans will be
 guaranteed by the respective Automated Teller Machines (ATM) cards
of borrowers. Nadine additionally promised to return the amount after
one (1) year on top of the eight percent (8%) return of investment per
month from receipt of the funds and/or capital from James;

4. That James immediately liked the business proposal. They will provide
the capital and/or funds, while Nadine will run and operate the
lending or “pautang business”;

5. That Nadine did not question the integrity of the business proposal;

6. That on July 14, 2019, James sent the initial amount of Fifty Thousand
(Php50,000) Pesos, via M. Lhuillier Kwarta Padala, while an additional
Fifty Thousand (Php50,000) Pesos was sent to Nadine on July 16,
2019. A copy of the receipt evidencing the transaction is hereto
attached as Annex A;

7. That Nadine confirmed receipt of the total amount of One Hundred

Thousand (Php100,000). In fact, she even told James that she has
now started to loan out the said amount to her co-workers in Tangub
City;

8. That Nadine failed to make good on her promises to give monthly

return of investments, hence, James asked for the return of the capital
on many occasions through text messages. Calls to Nadine fell on
deaf ears;

9. That after countess demands to pay, Nadine wrote a promissory note

dated March 16, 2021, assuring and/or committing to pay the amount
of One Hundred Thousand (Php100,000) Pesos sans interest. She
even offered the Official Receipt/Certificate of Registration of her
motorcycle to guarantee the promissory note;

10.That however up to now, her promises remain promises. Hence we

filed a complaint for estafa against her at the Office of the Barangay
Chaiman of Maquilao, Tangub City. After several confrontations
thereat, we failed to arrive at a settlement, hence a certification to file
action was issued for the purpose, and attached hereto as Annex B;
 11. That all the elements of estafa under Art. 315 (1)(b) are present in this
case:

A. That the amount of Php100,000 was received by Nadine on

commission or administration.
B. That Nadine misappropriated the money when she failed to return
the amount upon demand by the complainant.
C. That the misappropriation resulted to the prejudice and damage of
the complainant.
D. That complainant made repeated demand to Nadine through text
messages, calls and even demanded the return of the amount at
the Office of the Barangay Chairman of Maquilao, Tangub City.

12. That I am executing this Complaint-Affidavit to attest to the truth of

the foregoing and in support of the filing of criminal case for Estafa
under Article 315 (1) (b) of the Revised Penal Code, against Sally Josol-
Papellero.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ____

day of May 2023 in Tangub City, Philippines.

JAMES REID
Complainant/Affiant

SUBSCRIBED AND SWORN to before me this ____ day of May 2023 at the
City of Tangub, Province of Misamis Occidental. I further certify that I have personally
examined the affiant and that I am satisfied that he voluntarily executed his
Complaint-Affidavit and that he understood the contents of the same.