Professional Documents
Culture Documents
Department of Justice
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Muntinlupa City
ROGELIO LOANS & CREDIT CORP.,
Complainant,
-versus-
FRANKIE A. ARINOLI,
Respondent.
x-------------------------------------x
JUDICIAL AFFIDAVIT
OF DUHRIZZ MAINE C. AMAESHOW
Below is the Judicial Affidavit of DUHRIZZ MAINE C.
AMAESHOW taken at the Mendoza and Richards Law Offices located at
Unit 321, Madrigal Commercial Complex, National Highway, Alabang,
Muntinlupa City, Philippines by and under the supervision of Atty.
Nicomaine Mendoza:
Question no. 1:
Do you swear to tell the truth, the whole truth and
nothing but the truth in this Judicial affidavit?
Answer:
I do.
Q2:
Are you aware and fully conscious that you were placed under oath
and that you may face criminal liability for false testimony or perjury
for any falsehood that you will answer to the questions I will
propound to you?
A:
I am.
Q3:
Please state
occupation.
your
name,
civil status,
age,
address
and
A:
Q4:
A:
Q5:
A:
Q6:
A:
Yes, I am.
Q7:
A:
Yes.
Q8:
A:
I came to meet her when she went to the office of Rogelio to apply
for a loan.
Q9:
A:
July 2, 2014
During the meeting, the requirements for the granting of a loan were
explained to Arinoli.
Under the terms of the Loan Agreement and Promissory Note, the
principal amount of Arinoli's loan shall be paid after one year or on
or before 2 July 2015. She also undertook to pay Rogelio monthly
Q15: Do you have proof that Arinoli agreed to the terms of the loan?
A:
Q18: Why did you say that the signature belongs to Arinoli?
A:
Yes, Sir.
Q24: There are 3 signatures respectively appearing in the left margin of the
first and second page of the document, above the printed name,
"Tidora D. Bernardo", "Duhrizz Maine C. Amaeshow " and "Tinidora
D. Quando". Do you recognize those signatures?
A:
Yes, sir.
Q26: You mentioned earlier Frankie Arinoli had to issue postdated checks
as a requirement for the loan. What, if any, did Frankie Arinoli do
with respect to this requirement.
A:
After agreeing to the terms of the loan, Frankie Arinoli issued postdated checks in favor of Rogelio Loans & Credit Corp . He also
guaranteed that his checks are funded.
A:
A:
Frankie Arinoli said that he bought with him only 12 checks because
he had ran out of checks. The checks he presented to us were already
detached from the check book at that time. He promised that he
would just issue another PDC covering the principal the following
week in the amount of P4,000,000,00, sir.
Q31: I will now compare the checks with the photocopies and rank the
latter as exhibits, as follows:
A:
Check no.
Date
581951
August 2, 2014
581952
September 2, 2014
581953
October 2, 2014
581954
November 2, 2014
581962
December 2, 2014
581963
January 2, 2015
581964
February 2, 2015
581965
March 2, 2015
581966
April 2, 2015
581967
May 2, 2015
581968
June 2, 2015
581970
July 2, 2015
Do you confirm this action?
Yes, sir.
Exhibit
C
D
E
F
G
H
I
J
K
L
M
N
Q32: There are signatures on the said checks. Who affixed those signatures
on the checks?
A.
Q33: I will now mark the signatures on the checks as Exhibits C-1
D1 up to N-1. Do you confirm this action?
A.
Yes, Sir.
Q34: What happened after the issuance of the checks and signing of the
loan documents?
A.
The loan was released to Frankie Arinoli. The amount of P3.4 Million
cash was paid directly to Ms. Nidora ( to settle the Arinolis loan to
her) while the balance of P600,000.00 was handed to Arinoli.
A:
A:
Q37: What did Ms. Bernardo do after you reported the matter to her?
A:
She called Arinoli on the phone to ask him why the check was
dishonored. Arinoli then told her to re-deposit the check.
Q38: What happened after Arinoli asked that the check be re-deposited?
A:
The check was again deposited on 11 august 2014 but the same was
still dishonored for the reason DAIF.
Q39: What proof do you have that the check was indeed dishonored?
A.
Aside from the stamp of the bank on the check, the bank issued a
returned check advice dated Aug. 12, 2014 [ witness presenting the
returned check advice].
Q40: I will compare the original returned check advice with the photocopy
and mark the latter as Exhibit O. I will likewise bracket and mark
the stamp marking on the face of Check No. 0589151 as
Exhibit C-22.
Q41: What did you do after the check was dishonored for the second time?
A:
Upon the instructions of Ms. Bernardo, I pulled out the file of Arinoli
to file the checks. While I was filing the returned check in Arinolis
loan folder, I noticed that the signature affixed by Arinoli on the said
check was glaringly different from his signature in his promissory
Note and Loan Agreement.
Q42: What happened after you noticed that the signature was different?
A:
Q43: Were you able to find out from the bank who owned the account
against which the checks were drawn?
A:
No, sir. The bank did not reveal any details about the deposit and the
name of the account holder. However, Arinoli himself confirmed that
the account belonged to one of her sisters.
Q44: What do you mean when you said that the account belonged to one of
his sisters?
A:
Q47: There is a signature on the bottom portion of the letter over the
printed name, NICOMAINE C. MENDOZA on the second page, Do
you recognize that signature?
A:
Yes, sir that is your signature. I saw you sign the letter, sir.
Q49: I will now compare the demand letter with the photocopy and mark
the latter as Exhibit "P", the second page as Exhibit "P-2", the
signature of Atty. Nicomaine C. Mendoza as Exhibit "P-3" and the
signature of Ms. Tidora D. Bernardo as Exhibit "P-4". Do you
confirm this action?
A:
Yes, sir.
Q50: Why did Rogelio demand for the payment of the entire amount of the
loan plus interest instead of just the amount of the 2 checks?
A:
Q52: What proof do you have of what you have just stated?
A:
Q53: There is a signature on the bottom left portion of the Expense Report
over the printed name "TIDORA D. BERNARDO". Are you familiar
with the signature?
A:
Q54: I will now compare the original document with the photocopy and
mark the latter as follows:
Expense Report - "Exhibit Q"
Signature of Ms. Tidora D. Bernardo - Exhibit "Q-1"
Photographs on the left portion - Exhibit "Q-2" and "Q-3"
Do you confirm this action?
A:
Yes, sir.
Q55: How much expenses was incurred during the services of the letter?
A:
Q56:
A:
Q57:
How much did Rogelio spend for the engagement of the Mendoza &
Richards Law Offices?
A:
Q58:
A:
Q59: Why did you say that Rogelio had no choice but to file a criminal
case against Arinoli?
A:
A: Yes, sir.
Q61: Do you warrant that the copy or reproduction of the said Exhibits
attached to your judicial affidavit are faithfully copies or
reproductions of the originals?
A: Yes, sir.
Q62: Are you willing to sign and attest to the truth of all the foregoing
statements in this Judicial Affidavit to the best of your knowledge
and ability?
A: Yes, I do.
Doc. No.
NICOMAINE C. MENDOZA
Page No.
Book. No.
Series of 2015
ATTESTATION
1.
I had faithfully recoreded or casused to be recorded the
questions I had asked affiant Duhrizz Maine Amaeshow and the
corresponding answers that she gave in her Judicial Affidavit.
2.
Neither I nor any other person then present or assisting me
coached the witness regarding the latters answers.
NICOMAINE C. MENDOZA
SUBSCRIBED
AND
SWORN
to
before
this
date
___________________________ at Muntinlupa City by NICOMAINE C.
MENDOZA who is personally known to me, that she is the same person
who is personally known to me, that she is the same person who personally
signed the foregoing Attestation and acknowledged that she executed the
same.
Doc. No.
Page No.
Book No.
Series of 2015