Complaint Affidavit Bp 22

Complaint Affidavit For: Violation of B.P. Blg. 22 Promise Vital versus Xavier Ramirez

Republic of the Philippines 8th Judicial Region OFFICE OF THE CITY PROSECUTION Bulwagan ng Katarungan Magsaysay Blvd., Tacloban City

PROMISE VITAL, Complainant

NPS NO.: VIII-01-INV-2017-01234 FOR: VIOL. VIOL. OF B.P. BLG. 22 22

-versusXAVIER RAMIREZ, Respondent. x------------------------------------------------x

COMPLAINT-AFFIDAVIT PREFATORY STATEMENT

This is the complaint-affidavit of complainant, PROMISE VITAL, Filipino, of legal age, with postal address at Phase 1, Gumamela St., V&G Subdivision, Tacloban City. The statements were taken and recorded based on the examination made by Atty. Maria Dela Cruz, Notary Public for Leyte, including the cities of Tacloban and Ormoc, at the office of the same lawyer located at 3RD Floor, Star Building, Imelda St., Tacloban City on June 20, 2017. The complainant answered under oath in the English language and had sworn that she understood her statements made here and stands for their veracity. She was made aware that she made these statements under oath and fully conscious that she may face criminal liability for false testimony or perjury.

PURPOSE(S) OF THE AFFIDAVIT

This complaint-affidavit in judicial affidavit form is offered 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 Batas Pambansa Bilang 22 against Xavier Ramirez; 2. To identify and testify on relevant and material documents; and 3. To prove other relevant matters. Page 1 of 7


The following questions and answers were asked and recorded: Please state your name, age, civil status, occupation QUESTION 1: and present address. ANSWER 1: I am Promise Vital, of legal age, single, a businesswoman and a resident of Phase 1, Gumamela St., V&G Subdivision, Tacloban City.

What brought you to this office? QUESTION 2: ANSWER 2: I am going to make a complaint-affidavit.

QUESTION 3: made? ANSWER 3:

In which language do you prefer your affidavit to be

QUESTION 4: ANSWER 4: Ramirez.

What is the purpose of the affidavit? It is for the filing of a criminal case against Xavier

In English.

Are you aware that you are only to tell the truth and QUESTION 5: nothing but the truth and any false testimony you make will make you criminally liable? ANSWER 5: Yes, ma’am.

Who is this Xavier Ramirez? QUESTION 6: ANSWER 6: He used to do business with me. He is the husband of one Anna Ramirez and they are residents of Kassel Heights, Tacloban City, Leyte.

Why are you now filing a criminal case for violation of QUESTION 7: Batas Pambansa Bilang 22 against Xavier Ramirez? ANSWER 7:Because he failed to make good his obligation to fund the two (2) checks he wrote for me.

What were these checks for? QUESTION 8: ANSWER 8: They were issued to me as a deferred payment for a loan. Will you describe the said two (2) checks? QUESTION 9: ANSWER 9: Yes, the checks and their details are described in the table below: Page 2 of 7


Drawee Bank

Check Number

Metrobank

0192345 May 19, PHP 2016 200,000.00

July 2016

08, DAIF

Metrobank

0192346 May 19, PHP 2016 200,000.00

July 2016

20, DAIF

TOTAL

Date of Amount Issue

Date of Reason Presentm for ent Dishono r

PHP 400,000.00

QUESTION 10: So how did you know that the said checks were not made good? When I presented the checks for payment, the drawee ANSWER 10: bank noted that said checks were dishonoured and the reason for return was “DAIF” or Drawn Against Insufficient Funds.

QUESTION 11: How do you know of this? It was marked so by the drawee bank, METROBANK ANSWER 11: Tacloban City Branch that the checks had been dishonored for insufficient funds.

QUESTION 12: Do you still have the dishonoured two (2) checks that you are referring to? Yes, ma’am, I have them here with me. ANSWER 12:

QUESTION 13: Who was the one who issued these checks to you? The two (2) checks from METROBANK were issued by ANSWER 13: and drawn from the account of Xavier Ramirez.

QUESTION 14: I am showing to you now the checks which are Pay to the Order. How are these related to the checks which you mentioned earlier?

Those are the same dishonored checks issued to me ANSWER 14: by Xavier Ramirez.

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QUESTION 15: Metrobank? ANSWER 15:

Do

you

agree

to

attach

these

checks1 from

Yes, ma’am.

QUESTION 16: Did you inform Xavier Ramirez about the dishonoured checks? Yes, he was sent a Final Demand Letter to his ANSWER 16: residential address at Kassel Heights, Tacloban City, Leyte thru the Philippine Post Office.

QUESTION 17: What was the letter about? It was to inform Xavier Ramirez of his existing and ANSWER 17: unpaid obligation and the dishonoured checks which were issued to me and a demand for payment for the amount in the checks and for him to settle the payment of the same within five (5) banking days from receipt of the letter.

QUESTION 18: I have here another Final Demand Letter dated February 23, 2017 addressed to Xavier Ramirez. How is this related to the letter that you sent Xavier Ramirez? This is the same letter informing Xavier Ramirez ANSWER 18: about the dishonoured checks and asking him to settle the same within FIVE (5) banking days.

QUESTION 19: ANSWER 19:

Was he able to receive your letters? Yes, ma’am.

QUESTION 20: How do you know that he received the said final demand letter? I have here with me a copy of the Return Card for the ANSWER 20: Demand Letter that I sent him. It is shown on the same Return Card that Xavier himself was the one who received the letter on March 1, 2017.

QUESTION 21: Do you agree to attach the Final Demand Letter 2 together with the Return Card3 from PhilPost to this ComplaintAffidavit? Yes, ma’am. ANSWER 21: 1 Please

refer to the copy of the checks hereunto attached as ANNEX- A and B, respectively. refer to the copy of the Final Demand Letter hereto attached as ANNEX-D. 3 Please refer to the copy of the Return Card hereunto attached as ANNEX- C. 2 Please

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QUESTION 22: Did you receive any reply from Xavier Ramirez? None, ma’am. We had likewise tried to contact him ANSWER 22: and his wife, Anna Ramirez, by calling and texting them regarding the amount Xavier owed me however they did not respond to us at all.

QUESTION 23: Are you aware that you made these statements under oath and fully conscious that you may face criminal liability for false testimony or perjury? Yes, ma’am. ANSWER 23:

QUESTION 24: 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? ANSWER 24: Yes, ma’am.

QUESTION 25: ANSWER 25:

Is there anything else that you wish to say? None at the moment, ma’am.

x------END OF INQUIRY------x

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Republic of the Philippines Tacloban City

) ) S.S.

AFFIANT’S OATH AND ATTESTATION

I, PROMISE VITAL, Filipino, 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 affixed my signature this 20th day of June 2017 in Tacloban City, Philippines.

PROMISE VITAL Affiant Passport No.: EB012034

SUBSCRIBED AND SWORN to before me, this 20 th day of June, 2017, in Tacloban City, Philippines, affiant being personally known to me.

Doc. No.: 350 Page No.: 70 Book No.: I Series of 2017

Page 6 of 7


EXAMINING LAWYER’S SWORN ATTESTATION

I, ATTY. MARIA DELA CRUZ , Filipino, of legal age, married, a member in good standing of the Integrated Bar of the Philippines, Leyte Chapter and with office address at 3RD Floor, Star Building, Imelda St., Tacloban City, hereby depose under oath that: 1. I have faithfully recorded or cause to be recorded in my laptop computer the questions I have asked to the above witness and the corresponding answer that the witness gave; and 2. I have not nor any person present assisted or coached the witness regarding the latter’s answers. IN WITNESS WHEREOF, I have hereunto affixed my signature this 20th day of June 2017, in the City of Tacloban, Philippines.

ATTY. MARIA DELA CRUZ Affiant

SUBSCRIBED AND SWORN to before me this 20 th day of June 2017, in the City of Tacloban, Philippines, affiant being personally known to me.

ATTY. CHRISTIAN UYTINGCO

Doc. No.:25 Page No.:05 Book No.:V Series of 2017

UYTINGCO Law Offices Real St., Tacloban City Attys. Roll No. 51444/May 10, 2006 IBP O.R. No. 1030878/01-03-17, Leyte Chapter PTR No. PL 9835512/01-03-17, Palo, Leyte MCLE Compliance No. V-0004454, 11-12-2014

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Complaint Affidavit Bp 22

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