REPUBLIC OF THE PHILIPPINES OFFICE OF THE CITY PROSECUTOR
CALOOCAN CITY
WARREN CRUZ, CRUZ,
Complainant, -
versus
-
and
I.S. No. _______ For: Violation of B.P. Blg. 22.
SUSANA SANTOS,
Respondent. x---------------------------------x
COMPLAINT-AFFIDAVIT
THE
UNDERSIGNED
COMPLAINANT
respectfully
alleges: I, WARREN CRUZ, of legal age, Filipino, single with business and postal address at No. 36 Alma Jose Street, Zabarte Road, Caloocan City, after having been duly sworn to in accordance with law, hereby accuses: Owner and Manager of ABCDE Pawnshop, Fairview Quezon City Branch with postal address at No. 10 IpilIpil Street, Fairview, Quezon City where summons and notices may be served for Estafa and for violation of BP 22 committed as follows: MS.
SUSANA
SANTOS,
1.0 That, On November 19, 2011, at my residence in the City of
Caloocan City, Ms. Santos went to my house to borrow money in the amount of P 1,000,000.00 (One million pesos) for the rehabilitation and maintenance of her pawnshop as evidenced by our contract of loan marked as Annex “A”.. 2.0 That, on the same day, I lent her P 1,000,000.00 payable until
November 20, 2012. 2012. 3.0 That, on November 19, 2012, one day before the end of the
contract, Ms. Susana Santos issued a check payable to me which is the subject of this case in the amount of P 1,000,000.00 dated November 20, 2012 and numbered as No. 123456 123456 herein marked as Annex “B”.
4.0 That, on the date of the check I went to BPI-Quezon City to
encash the same and to my dismay,I was apprehended by the drawee bank that they are dishonoring the check due to insufficency of funds. 5.0 That, she defrauded me to part with my money when he issued a
check with insufficient funds. She issues checks knowing very well that the same is worthless. 6.0 That, As such, I immediately notified the respondent, of the
dishonor and return of the said check and demanded from her that she make good the said check within five days (5) days from receipt thereof. A true and faithful machine reproduction of my demand letter to her is hereto attached as Annex "C". 7.0 That, when the respondent
failed to heed my demands, I endorsed the said check to my legal counsel who immediately sent a formal demand letter through registered mail with return card on November 30,2012, which was received by the respondent on November 28, 2012. As of date however, Ms. Susana Santos has unjustifiably ignored all these demands to pay the said account and/or to redeem the said returned check. A true and faithful machine reproduction of the formal demand letter and the return receipt of the registered mail we sent to her are hereto attached as Annex “D” and Annex “E”.
8.0 That, I am therefore executing this Complaint-Affidavit in
support of the charges for violation of BatasPambansa Bilang 22 against the said Ms. Susana Ssantos, who may be served with subpoena and other processes of this Honorable Office at her last known address at No. 10Ipil- Ipil Street, Fairview, Quezon City, Philippines.
th
IN WITNESS WHEREOF, I have hereunto affixed my signature this 29 of January, 2013.
WARREN CRUZ
Complainant/ Affiant CTC No.16942587 Issued on February 1, 2013 Issued at Caloocan City
th
SUBSCRIBED AND SWORN to before me on this 29 of January 2013 in Caloocan City. CERTIFICATION
I hereby certify that I have examined the Affiant and that I am fully satisfied that he has voluntarilyexecuted and understood the contents of his Complaint-Affidavit.
Notary Public Until December 31, 2013 PTR # Doc No. Page No. Book No. Series of 2013
ANNEX “A”
ANNEX “B”
ANNEX “C” December 1, 2012 Susana Santos No. 10 Ipil-Ipil Street, Fairview Quezon City
Dear Ms. Santos, I am writing with regard to the check no. 1236456 you issued last November 19, 2012 in the amount of P 1,000,000.00 drawn against BPI- Quezon City. The check was dishonored by the bank due to insufficiency of funds. o repay the same despite repeated requests for payment by our us. Unless payment of the above amount is received by us in full within ten (3) days of the date of this letter, we will have no alternative but to exercise whatever rights and remedies we have under the law to enforce such payment, including but not limited to institution of legal proceedings against you to recover the abov e amount, together with accrued interest and legal expenses. Kindly govern yourself accordingly.
Yours truly, Warren Cruz
ANNEX “D” December ___, 2012 Ms. Susana Santos
# 10, Ipil- Ipil St., Fairview, Quezon City
Dear Ms. Santos,
This is to advise you that the check you issued with Check No. 123456 ,datedNovember 20, 2012, drawn against BPI Bank – Quezon City Branch and made payable to Warren Cruz in the amount of Php 1,000,000.00 (one million pesos) has been dishonored for lack of funds. I understand that despite repeated verbal demands from my client for the payment of the value of the said check, you failed to positively respond on his demands. In view hereof, demand is hereby made for you to pay the full amount of P 1,000,000.00 of the dishonored check or to make the necessary arrangement from the bank for its full payment, in both instances within five (5) days from notice hereof.This letter of Notice of Dishonor is pursuant to violation of Batas Pambansa Blg. 22. If payment is not received within ten (5) days of receipt of this notice, appropriate criminal proceedings will be made.
Please be guided accordingly.
Very Truly Yours,
Atty. Katrina Jean C. Miranda
Counsel for Warren Cruz
ANNEX “E”
