Republic of the Philippines Department of Justice National Prosecution Service OFFICE OF THE CITY PROSECUTOR Hall of Justice Iloilo

City

BERNADITA L. MARTIN Complainant, -versusJAMES SUSTIGUER SR, Respondents. X-----------------------------------------X

I.S. No. 0089-11

AFFIDAVIT - COMPLAINT
I, BERNADITA L. MARTIN, of legal age, Filipino, single, and resident of 8-C Mabini Street, Lapaz, Iloilo City, under oath, accuse and charge JAMES SUSTIGUER SR., of legal age, married, Filipino and a resident of Brgy. Capilauan, New Lucena, Iloilo, Philippines of the crime of Estafa under Article 315 of the Revised Penal Code committed, as follows:

1) That the AGREEMENT OF REAL ESTATE MORTGAGE between JAMES SUSTIGUER SR., hereinafter known as the MORTGAGOR, and BERNADITA L. MARTIN, hereinafter known as the MORTGAGEE, was executed on the 1 st day of October, 2003 at Iloilo City, Philippines and was notarized on the 8th day of October 2003 involving a parcel of land (Lot 10205-B of the subdivision plan (LRC) Psd- 159228, being a portion of Lot 10205, Sta. Barbara cadastre, LRC Cad. Rec. No. 793) with a Transfer Certificate of Title No. T-75381 situated in the Barrio of Cabilauan, Municipality of New Lucena, province of Iloilo, Island of Panay. 2) That the MORTGAGOR is indebted unto the MORTGAGEE in the sum of SEVENTY THOUSAND PESOS (P70,000.00), (wherein Fifteen Thousand Pesos (P15,000.00) was given as down payment and balance of Fifty Five Thousand Pesos (P55,000.00) be paid upon signing of this instrument), receipt whereof is hereby acknowledged and confessed payable within a period of five (5) years and renewable after the redemption period.

3) That CECILIA SUSTIGUER, of legal age, married to Norberto Tingala and EVA SUSTIGUER, likewise of legal age, married to Juanim Gotera, both Filipinos and residents of Brgy. Cabilauan, New Lucena, Iloilo, Philippines filed an AFFIDAVIT OF ADVERSE CLAIM through Atty. Leo S. Sombiro. 4) That on January 6, 2009, Mrs. Bernadita L. Martin, a resident of 8-C Mabini., St. Lapaz, Iloilo City, went to Brgy. Hall of Cabilauan, New Lucena, Iloilo filed a complaint against James Sustiguer who allegedly indebted her the amount of SEVENTY THOUSAND PESOS (P70, 000.00) with the agreement to pay back within the period of five (5) years plus the interest of 5% by way of mortgaged unto the said mortgage agreed that respondent will be the one to till or take charge of the land situated aat Sitio Tabay, Cabilauan to pay every cropping to the complainant but, he failed to comply his obligation;

5) That again on January 6, 2009, the hearing was conducted before the Punong Barangay., both parties and discussed regarding the case filed by Mrs. Bernadita L. Martin against James Sustiguer, wherein, she repeatedly asked to return the above stated amount up to that date, but failed to comply what has been agreed, with due consideration, she still gave him a chance to renew for another five years.

6) That the police alleged that they were investigating the alleged ransacking incident at the house of Maria Oliva Monahan and Kemichi Saito at Barangay Cuartero, Jaro, Iloilo City;

7) That on April 6, 2009, Johnson Sustiguer, brother of James Sustiguer appeared and met with Mrs. Bernadita L. Martin, who both discussed regarding the case after which he decided to assume payment including the 5% interest with the total amount of ONE HUNDRED THOUSAND PESOS (P100,000.00) to be paid on December 2010. However, after a few months, for whatever reasons, Johnson Sustiguer,, informed the punong Barangay that he would like to withdraw/decline in paying the complainant last October 6, 2009,

8) That Mrs. Martin made a decision to bring the matter to the higher court.

9) Under the circumstances, JAMES SUSTIGUER SR., of legal age, married, Filipino and a resident of Brgy. Capilauan, New Lucena, Iloilo, Philippines, has violated

my rights and committed a crime of Estafa under Articles 315 of the Revised Penal Code.

WHEREFORE, it is most respectfully prayed of the Honorable City Prosecutor of Iloilo City to cause a Preliminary Investigation to be conducted in the instant case, and after which to file an Information/s for Estafa provided for under Articles 315 of the Revised Penal Code in the proper court against JAMES SUSTIGUER SR., of legal age, married, Filipino and a resident of Brgy. Capilauan, New Lucena, Iloilo, Philippines. IN WITNESS HEREOF, I hereunto affix my signature this 22TH day of May 2013 at Iloilo City, Philippines. Contrary to law. RISSIMON B. VILLARUEL Complainant/Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this 22th day of May 2013 at Iloilo City, Philippines, complainant/affiant with PRC ID No. 11617142 issued on June 28, 20010 at Banate, Iloilo, Philippines. ATTY. SERGIE V. GEVERO Notary Public Until December 2012 IBP No. 824272 * Iloilo City * 27 September 10 PTR No. 3746450 * Iloilo City * 28 September 10 Roll of Attorneys No. 52621 * Page 496 * Book XXIII MCLE Compliance Exempted

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