REPUBLIC OF THE PHILIPPINES 7 Judicial Region MUNICIPAL TRIAL COURT IN CITIES Branch 01 City of Cebu, Cebu PEOPLE OF THE PHILIPPINES, Plaintiff, CRIM CASE No. CEB-CRIM-009 - versus - For: ESTAFA (Art. 315 of the RPC on Deceit/Swindling) KAREN FAYE ALEJANDRO, JUDICIAL AFFIDAVIT OF MARICEL IBARDOLAZA-GUEVARRA |, MARICEL IBARDOLAZA-GUEVARRA, of legal age, Married, Filipino and a resident of 324 V. Rama Avenue, Calamba, Cebu City, Philippines, the witness in this case and | state under oath as follows: PRELIMINARY STATEMENT The person examining me is ATTY. PATRICK C, SAAVEDRA, with office address at Saavedra Law Office, 3/F, ABC Building, Gorordo Avenue, Cebu City. The examination is being held in the same address. | am answering his questions fully conscious that | do so under oath and that | may face criminal liability for false testimony and perjury. EXAMINATION PROPER 1. Question: Do you know why you are being asked to execute a Judicial Affidavit? Answer: Yes, | am asked to execute this in order to give my testimony in the criminal case of estafa which | filed against the herein accused of this case. 2. Question: Can you please state your name and personal circumstances for the record? Answer: | am Maricel Ibardolaza-Guevarra, of legal age, married, Filipino and a resident of V. Rama Avenue, Calamba, Cebu City, Philippines. 3. Question: Do you personally know the accused Karen Faye Alejandro? Page 1 of 8* - Answer: Question: Answer: Question: Answer: Question: Answer: Question: Answer: Yes Sir. When my partner and | decided to get martied in 2023, | started to search online on different wedding packages. The photos posted in the Facebook (FB) page named “Wedding Packages Cebu” caught my attention. | tried to message the FB page, and it was the herein accused who responded and introduced herself as the owner. (Witness handed over a screenshot photo of the Facebook page “Wedding Packages Cebu” to Atty. Saavedra and the latter examined it.) lam marking this file photo as Exhi and this will be attached to this Judicial Affidavit to form as part of the evidence for the Plaintiff. Do you confirm my action? Yes, Sir. Then, what happened next after she responded? After several inquiries | made on different wedding suppliers, | chose to personally meet Ms. Alejandro of the “Wedding Packages Cebu", as she seemed to be the most responsive at that time. However, on the scheduled date of our meeting, | was suddenly informed that | should just meet her in one of her events at Quest Hotel. Can you tell us the exact date of your meeting? It happened on October 21, 2023, at around 2 o'clock in the afternoon at Quest Hotel. What did you discuss during the meeting? | told her about our plan of getting married in December that year and that I'm interested to know about her wedding packages posted in Facebook. | described to her in detail the specifications | want for my wedding day, such as the flow of the program, the venue, the gown, the make-up, including the photo and video coverage. Ms. Alejandro assured me that her team can provide the said services. She then showed me a brochure of a wedding package worth 200,000.00, with a breakdown of all the inclusions. This was also the same package I saw on her FB page. (Witness handed over a brochure of the Wedding Page 2 of 88. Question: Answer: 9. Question: Answer: 10. Question: Answer: 11. Question: Answer: Packages Cebu to Atty. Saavedra and the latter examined it.) |am marking this brochure as Exhibit “B”, and this will be attached to this Judicial Affidavit fo form as part of the evidence for the Plaintiff. Do you confirm my action? Yes, Sir. What happened next? After discussing the inclusions and upon showing to me the pictures of her previous wedding engagements, it made me believe that her business is legitimate and that they can provide the complete service of my dream wedding. Since my partner was about to go abroad that year, I immediately accepted the offer for a wedding package worth P200,000.00. Aside from your verbal discussion, do you have any proof of your agreement? Yes, Sir. Considering that this is allegedly not her first time to deal with this type of transaction. She already brought with her a pro-forma contract or service agreement. We both filled-out the required details and asked me to pay 20% of the total contract price as downpayment. The remaining 50% shall be paid a month before the wedding and the remaining 30% balance at the end of the event. Trusting and confident that she will faithfully perform her part of the agreement, | signed the contract and fund transferred 40,000.00 to Ms. Alejandro using my Landbank account. (Witness handed over a contract executed by them with the herein accused for a wedding package worth 200,000.00 to Atty. Saavedra and the latter examined it.) Iam marking this contract as Ex! and this will be attached to this Judicial Affidavit to form as part of the evidence for the Plaintiff. Do you confirm my action? Yes, Sir. Page 3 of 812. Question: Answer: 13. Question: Answer: 14, Question: Answer: 15. Question: Answer: 16. Question: Answer: Do you have any proof of said payment? Yes. Sir. (Witness handed over a screenshot of payment worth 40,000.00 and its Official Receipt (OR) for the same amount dated October 21, 2023, to Attty. Saavedra, and the latter examined it.) | am marking the screenshot of payment and the Official Receipt (O.R.) as Exhibits “D" and “E”. respectively, and these will be attached to this Judicial Affidavit to form part of the evidence for the Plaintiff. Do you confirm my action? Yes, Sir. Were you able to pay the remaining the amount? Yes, Sir. About a month after signing the contract, she messaged me if | can already provide the 50% of the payment so that she can already complete the necessary reservations and other payments to ‘suppliers. Believing that she is truthful to her statements, | fund transferred 100,000.00 on November 18, 2023, through my Landbank account. Overall, | paid the total amount of 140,000.00 to Ms. Alejandro. (Witness handed over to Atty. Saavedra, a screenshot of payment and Official Receipt dated November 18, 2023, of the 50% of the total contract price amounting to P100,000.00.) | am marking the screenshot of payment and Official Receipt as Exhibits “F” and “G”, respectively, and these will be attached to this Judicial Affidavit to form part of the evidence for the Plaintiff. Do you confirm my action? Yes, Sir. What happened next? After | made the second payment, | noticed that she no longer messaged me for any concerns and updates about my wedding. | tried to call and message her several times but to no avail. Since my wedding day is on the next few weeks, | Page 4 of 817. Question: Answer: 18. Question: Answer: 19. Question: Answer: 20. Question: Answer: 21. Question: Answer: Question: now then started to conduct my own investigation. On the very first day of December 2023, | went on to check the venue of my reception but to my surprised, there was no any reservation for my wedding day. Were you able to contact her again and demand a refund of your payment? Yes Sir. | keep on sending messages to her to just refund the payments in order that | can immediately find another contractor. ‘She was able to respond once, informing me that she will just refund the payments as soon as her other clients will pay their dues. (Witness handed over a screenshot of their conversation on FB messenger to Atty. Saavedra, and the latter examined it.) | am marking this screenshot of FB messenger conversation as Exhibit _“H” and this will be attached to this Judicial Affidavit to form as part of the evidence for the Plaintiff. Do you confirm my action? Yes, Sir. Did she finally able to pay you after that? No Sir. Ms. Alejandro failed to make any refund up to this day. She unjustifiably ignored all my demands for the payment of P140,000.00. This has alll in effect prejudiced me and my family. Hence, the circumstances left me with no other alternative but to file a criminal action against Ms. Alejandro. What do you want this Honorable Court would do with respect to the case filed against the accused? | am praying that the accused be penalized accordingly and the whole amount | paid totaling 140,000.00 be wholly returned to me. Is there anything else which you would like to add? No more, Sir. Are you willing to sign this Judicial Affidavit? Page 5 of 8Answer: Yes, Sir. 22.Question: That will be all for now, Mrs. Guevara. Thank you very much for your time and your full cooperation. Answer: You're welcome, Sir. IN TRUTH AND WITNESS WHEREOF, | am hereby setting my hand this 29" day of February 2024 in Cebu City, Philippines. Dre MARICEL IBARDOLAZA-GUEVARRA Asfiant SUBSCRIBED AND SWORN to before me this 29 day of February 2024 in Cebu City, Cebu, affiant exhibiting to me her Driver's License with No. LO4-123456 issued by the Land Transportation Office on August 4, 2020, and valid until August 4, 2025, as competent proof of her identity. | likewise faithfully recorded the questions | asked of the affiant and the corresponding answers given to me. Neither | nor any other person who was then present coached the affiant regarding the answers given. Witness my hand and seal. ATTY.PATRICK Notary Public Commission No. 318-30 Cebu City, Philippines Until December 31, 2025, Féll of Attorneys No. 80033 PTR No. 4301998/January 3, 2024/Cebu City IBP No. 8991/January 3, 2023/Cebu MCLE Compliance No. IV ~ 001122; 01/03/2024 Saavedra Law Office, 3/F, ABC Building, Gorordo Avenue, Cebu City Phone: 123-4567/ Fax: 890-1234 E-mail: pattrix03@gmail.com \VEDRA Doc. No. _ Page No, 2; Book No. _1_; Series of 2024. Copy Furnished To: ATTY. TIFANNY NUNEZ The City Prosecutor Office of the City Prosecutor Cebu City Page 6 of 8)Ss, SWORN ATTESTATION |, PATRICK C. SAAVEDRA, of legal age, single, Filipino and a resident of Nichols Heights, Barangay Guadalupe, Cebu City, after duly sworn to in accordance with law do hereby depose and say: 1. That | am the counsel on record for the Plaintiff in the above- entitled case; 2. That | personally conducted the foregoing judicial affidavit of MARICEL IBARDOLAZA-GUEVARRA; 3. That | hereby certify that | faithfully recorded the questions | asked and the answer of the witness; and 4. That | likewise certify that neither | nor any person then present had coached the witness regarding the latter's answer. IN WITNESS WHEREOF, | have hereunto affixed my signature this 29" day of February 2024 in Cebu City, Philippines. > ATTY. PA’ SAAVEDRA Roll of Attorney$ No. 80033 SUBSCRIBED AND SWORN to before me this 20" day of February 2024 at the City of Cebu, Philippines, affiant exhibit to me his IBP Card with Roll of Attorneys No. 80033 issued on May 20, 2023, at Cebu City, Philippines, as competent proof of his identity Witness my hand and seal. " ATTY. Al IRYL TERADO Notary Public Commission No. 010-03 Cebu City, Philippines until December 31, 2024, Roll of Attomeys No. 100358 PTR No, 4301@6ellanuary 12, 2024/Cebu Cty/Cebu IBP No. 8993/January MOLE! Compliance No. ot 124; 10672026 Unit 10, 3rd Floor, Crown Regency Towers Osmena Bivd, Cebu City, Cebu Phone: 234-7654/ Fax: 103-4321 E-mail: jeanirylterado@amail.com Doc. No.4; Page No. _2; Book No. _|_; Series of 2024. Page 7 of 8Copy Furnished To: ATTY. TIFFANY NUNEZ The City Prosecutor Office of the City Prosecutor Cebu City Page 8 of 8Exhibit AExhibit B Akg nae “nang op20100 UtworooYEKQe-ruciowessweier E] OLOE-OGY-EZ60/ZE08-BYC-L760 8 puny ang use Aa n929 tebe OUP, ‘yaeyvoo eseaig seLnbuy 40g x erlh er, Eee CM my nqgao sebeyoeg BulppemExhibit C Wedding Packages Cebu Ocleber 21, 2023 This Wedding Plamer Contract (the “Contract”) is entered into ? (the “Effective Date”), by and between Harice| therde|aaa » with an address. of V-fama Avenue, Cuba ay (ine “cilent”) ana Kain T2ze Alejade win an address of Cerone vcaut Cou GE) | (“Planner”), also indWvivaly refered to a8 “Party, and collectively “the Parties.” 1. Wedding Details. Wedding Date: decetnber 1%, 7°29 the wedding Day”) caremonytocaton, _ Remedios Pah Ghrch Lebaron , cou Cty Receptin Location. _ O0den Valley Hote, Polocs st. , Cebu Gly 2. Planner Duties. The Client engages the Ptanner’s services to perform the following duties with regards tothe event: 21. Unlimited consultations via email and/or telephone. Planner's Telephone Number: 46-4074 Planners Email Address: _Kerenfayt af eyandro a) yzbeo. com. ph Client's Telephone Number: 21 - 2324 _ Client's Email Address: mibwdolso agmail-com 22, Unlimited face to face consultations. Be advised, extra costs wil be incurred for travel ‘expenses ifthe meeting is more than _20_ miles from the Planner’s home/office. 23. Assistance wih budget and breakdown of costs. 24. Discussion of and development of theme/style fr the wedding 2S. Find all suppliers andlor service providers. 2.6. Management and coordination with ceremony and reception location personnel. 2.7. Management of all suppliers andlor sevice providers. Be advised, extra costs wil be incurred for travel expenses for any travel more than 30 miles from the Planner's home/office. ‘Wedcing Planner Conract Page 10832.4. Visit ceremony and reception location prior to Wedding Day. 29. Provide a detailed timeline to suppliers andior service providers and bridal party, 2.10. Confirmation and follow-up with all suppliers and/or service providers 1-2 weeks prior to Wedding Day. December 1% , 2°79 Day of coordination and supervision until 3. Payment. The Parties agree to the following Payment and Payment Terms: 1D. OD Total Fee orServes: P2021 0 7 0, v Downpayment UponExacuinatConcac: 42:00 .00 (70%) Balance Due: 7 160). aatanceve oats P19, 0 (504) -b be phd toh behre He wedding xl 4. concataton, He Tema G00 (989) Te Fle pod eter He Gd of He overt. By Client. The Client may cancel this Contract at any time. Ifthe Client cancels up to_60_days prior {o the Wedding Day, the Client will be entitled to a full refund, except for the non-refundable deposit, Wf the Client cancels between 20 and up to__30 _ days prior to the Wedding Day, the Client will be entitled to a fifty percent (50%) refund. If the Client cancels less than 20 days prior to the Wedding Day, the Client will not be entitled toa refund. By Plannor. The Planner may cancel this Contract at any time. If the Planner cancels, the Planner ‘must provide @ suttable, replacement planner, subject to the Client's approval, which shall be ‘obtained in writing. In the alternative, the Planner shall refund all monies previously paid by the Cliont, including any non-refundable deposits. In the event the Planner finds a suitable replacement planner, the Planner shall forward all monies previously paid by the Client to the replacement planner, less any monies the replacement planner agrees have been eamed by the Planner for services performed until the date of cancellation. 5. Planner Limitation of Liability. The Planner will endeavor to find top suppliers and/or service Providers. However, the Planner does not guarantee any suppliers’ and/or service providers’ Performance andlor product. The Planner will not be responsible for any supplier and/or service Provider performance and/or product. In the event the Client changes the date of the wedding, the Planner will make every effort to accommodate, but the Planner's availabilty is not guaranteed for any other date than the date stated above. Dispute Resolution and Legal Fees. in the event of a dispute arising out of this Contract that cannot be resolved by mutual agreement, the Parties agree lo engage in mediation, If the matter Wedding Ptanner Contact Page 2013cannot be resolved through mediation, and legal action ensues, the successful Party will be entitled {ots legal fees, including, but not imited to its attomeys’ fees. 7. Severability. Inthe event any provision of this Contract is deemed invalid or unenforceable, in whole © in part, that part shal! be severed from the remainder of the Contract and all other provisions will ‘continue in ful force and effect as valid and enforceable. 8. Legal and Binding Agreemert. This Contract is legal and binding between the Parties as stated above. This Contract may be entered into and is legal and binding ‘The Parties each represent that they have the authofty to enter into this Contract. 9. Governing Law and Jurisdiction. The Parties agree that this Contract shall be governed by the ‘State and/or Country in which the wedding will occur. 10. Entire Agreement. The Parties acknowledge and agree that this Contract represents the entire ‘agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modiy any terms, they shall do 60 in weting to be signed by both parties ‘The Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows: Client Sioned _ ekjede Name: Koren Foye Alejandro Date: (o fal |25 — ‘Wed Planner Contract Page 3.013Transaction Detalts Transaction Type Transaction Date Source Account Amount Service Charge % LANDBANK Your transaction is successful MBAAA24021413162027603106 Fund Transfer to Anyone October 21, 2023 03:34:11 PM 1457287484 Savings Account KAREN FAYE ALEJANDRO LANDBANK 1457287646 P 40,000.00 PHP 0.00 Exhibit DExhibit E Wedding Packages Cebu by Karen Faye Alejandro Rm. 206 DEF Building, Gorordo Avenue, Cabu City NON-VAT Reg. TiN: 144-424.024-0000 OFFICIAL RECEIPT are _10[21[29 and address at "five , Cebu CiTy engaged inthe business sive of __/A ‘the sum of ate Poet Tested pews pees ae payment for» welling peckone Werth F200, 0m. to. flict As ized Ropero Se Citizen TIN | Received from H2reel Ioardol 972 ity TW OSCAIPWDIDNe, Signature 10 Bkits (3x) 1001-1500 No BIR Authority to Prin No, 3AU000805222 Date Issued 67-30-19: Vaid nt 07-29-2098 BERTHA PRINTING. SERVICES, INC Bay Tia, Cebu City FTN 123-456-789-0000 PPrinter's Accreditation No. PO8051200 Date Issued 08-01-22 “TUS DOCUMENT [8 HOT VALID COR CLAl OF PUT TAXES” ‘HS GPPICIA REGEET SHALL 2 VALIO FOS FIVE YEARS FROM THEOATEOF ATP,&® LANDBANK Your transaction is successful, MBAAA24021413162027605061 ‘Transaction Details Transaction Type Source Account Destination Account Amount Fund Transfer to Anyone November 18, 2023, 1:16:11 PM. 1457287484 Savings Account KAREN FAYE ALEJANDRO LANDBANK 1457287646, P 100,000.00 PHP 0.00 Exhibit FExhibit G Wedding Packages Cebuby Karen Faye Aleiandro Fm, 206 DEF Building, Gorordo Avenue, abu City NON-VAT Reg. TIN: 144-424.024-0000 OFFICIAL RECEIPT ome _[!/22 Received from HAMCEL IPARDOUAZ2 with TIN and address at hs inthe business style et X ra ‘the sum mae (@ke,22) in vorielta Ser Tor. ie wHlg Poaeone ao wr pe a, Katie rs ei aa ‘OSCATPWDIDNe. Signature 10 Bkts (3x) 1001-1500 No 1001 BIR Ashorty to Prt No, 24000805222 Date Issued 07-20-13 Vad ul 07-20-2018 Printers Accredtation No. 08051200 BERTHA PRINTING SERVICES, NC Date Issued 0001-22 Bay Tiss, Cebu City “TWN: 123-458-788-0000 “THIS DOCUMENT 1S HOT VALID FOR CLAIM OF INPUT TAXES” THIS OPC. RECEIPT SHALL BE VALIO FOR FIVE (9) YEARS FROM THEQATEOE ATE.Exhibit H 3:56 are < 1B Wedding Packages... \ ‘Sorry Ma'am Maricel, nagka.problema lang jud. ulian ra kkainako kung makabayad naning (6% uban nakong clients. 356m “on < Packages Cebu By Karen Faye Alejandro oO a ete te © Teme ly Quick reaction ‘Aa Nicknames Fe Word ettects