REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

2nd Judicial Region
Branch 5
Baguio City, Philippine

Mr. NAGOYO,
Complainant,

-versus-
Criminal Case No. _______
Violation of BP 22

MR. NAISTIR,
Defendant,

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JUDICIAL AFFIDAVIT OF NAGOYO

I, NAGOYO, Filipino, of legal age, single and a resident of Brgy. Sto. Nino
Magsaysay Avenue Baguio City, The complainant in this case, state under
oath as follows:

PRELIMINARY STATEMENT

The person examining me is Prosecutor PATRICK JAMES A. TAN with

office address at City Prosecutors Office Baguio City.

I am answering his questions fully conscious that I do so under oath and

may face criminal liability for false testimony and perjury.

PURPOSE:

This Affidavit is being offered to prove that Defendant, MR. NAISTIR owned
and permitted the issuance of the DISHONORED CHECKS to MR.
NAGOYO, the Complainant in this case.

It is respectfully prayed that this Judicial Affidavit of MR. NAGOYO be

admitted as the Direct Examination of the witness in order to expedite the
proceedings.
DIRECT EXAMINATION QUESTIONS:

1. Q: Do you swear to tell the truth and nothing but the truth?
A: Yes Sir.

2. Q: Mr. Witness, please state your name and other personal

circumstances for the record
A: I am Mr. Nagoyo, Filipino, 29 years old, Single, and a resident of
Brgy. Sto. Nino Magsaysay Avenue Baguio City. I am an investor of
Mysterio Investment Firm owned by Mr. Estafador.

3. Q: Are you the same complainant in this case?

A: Yes I am.

4. Q: Do you know a certain Mr. Naistir?

A: Yes I do.

5. Q: How do you know him?

A: Sometime in March 2015, I attended an inspirational talk on Making
your Money Grow held at Prime hotel in Baguio City which Mr.
Estafador was the speaker. Mr. Estafador also introduced his staff which
is Mr. Naistir.

6. Q: Who attended or participants of this conference?

A: Some investors of Mysterio Investment Firm owned by Mr. Estafador.

7. Q: What happened during this conference?

A: These investors shared glowing stories of the profits they earned in a
few short months after they invested their money at the Firm. Mr.
Estafador also gave an inspirational talk and introduced his company he
called Mysterio Investment Firm. He also introduced one of his staff, Mr.
Naistir. During the gathering, Mr. Estafador proposed to the attendees a
very lucrative business opportunity and he promised a thirty percent
profit on their investment.

8. Q: After all this inspirational and convincing talk what did you do ?
A. I decided to invest my money with Mr. Estafador together with the
other attendees.

9. Q: Mr. Witness, how much money did you invested in this Firm?
A. Initially I deposited Php 500, 000 and thereafter added another Php 500, 000

10. Q: All in all, how much is the total amount you invested?
 A: Php 1, 000, 000 Sir.

11. Q: What makes you decide to invest another Php 500, 000?
A: I invest another Php 500, 000 because of the pay-out that I received
after my initial investment.

12. Q: Then can you tell us what transpired after that investment?
A: After a few weeks, I demanded the return of all my total investment

13. Q: Why did you decide to make a demand?

A: To fund my Ukay-Ukay business Sir.

14. Q: And how much is this total amount again?

A: Php 1, 000, 000 Sir.

15. Q: From whom did you make the demand?

A: From Mr. Estafador.

16. Q: Then after you make the demand what happen?

A: Mr. Estafador issued checks.

17. Q: Afterwards, what transpired Mr. Witness?

A: After Mr. Estafador issued the checks, he instructed me to return the
said checks.

18. Q: For what reason if you know Mr. Witness?

A: I dont know Sir, he did not tell me.

19. Q: Did you return those checks to Mr. Estafador?

A: Yes Sir.

20. Q: Why did you return those checks Mr. Witness?

A: Because those checks were replaced by another four checks signed
by his staff Mr. Naistir.
21. Q: Why did you return those checks Mr. Witness?
A: Because those checks were replaced by another four checks signed
by his staff Mr. Naistir.

22. Q: What was the amount of the 4 checks that he issued? Can you
recall?
A: Yes, it was in the amount of Php 250, 000 per each check, which
have a total amount of Php 1,000, 000.

23. Q: After he issued those checks, what did you do next? If any?
A: I deposited those 4 checks in my bank account.
24. Q: Now, what was the name of your bank where you deposited those
checks? Would you know what branch?
A: Yes, It was BDO SM Branch Sir.

25. Q: Showing to you this 4 BPI check drawn attached as Annex A,

can you confirm if this is the same check that Mr. Estafador issued to
you with the signature of Mr. Naistir?
A: Yes Sir, that are the checks issued by Mr. Estafador with Mr. Naistirs
signature.

26. Q: When did you deposited these checks?

A: I deposited each check ten days after the date indicated in each
check.

27. Q: So going back, are these 4 checks have different indicated dates?
A: Yes Sir, these 4 checks have different dates.

28. Q: What dates are these if you can recall Mr. Witness?
A: July 15, 2016, August 15, 2016, September 15, 2016, and October
15, 2016.

29. Q: Going back to the deposit transanction Mr. Witness, what happen
after you deposited it?
A: I was shocked when I was informed by my bank BDO that the check
Mr. Estafador issued bounced. The bank informed me that it was drawn
against a CLOSED ACCOUNT.

30. Q: Upon learning of the dishonoured check, what did you do next? If
any?
A: I informed Mr. Naistir and Mr. Estafador of the dishonoured checks by
sending them a notice of dishonour and demanded from them to make
good of the said checks within 5 days after receipt.

31. Q: You said that you made a notice, how did you do this? Was this oral
or written?
A: It was written notice of dishonour Sir.

32. Q: What date you make the notice or demand letter?

A: Dec. 15, 2016 Sir.

33. Q: Showing to you a notice of dishonour letter, attached as Annex B,

can you confirm if this is the same demand letter that your counsel sent
to Mr. Estafador and Mr. Nagoyo?
A: Yes that were the demand letters that we sent.
34. Q: Are this demand letters received by both Mr. Estafador and Mr.
Naistir?
A: No Sir, only Mr. Naistir received it personally, while Mr. Estafador did
not.

35. Q: Why did Mr. Estafador did not receive it? If you only know Mr.
Witness?
A: Mr. Estafador already left for China and could not be found Sir.

36. Q: So going back, after you sent the demand letter to Mr. Naistir, what
happen next?
A: Mr. Naistir ignore it and became angry.

37. Q: Do you know why Mr. Naistir became angry?

A: Sir he said that he was merely a pawn of Mr. Estafador. He was
employed just a staff of Mr. Estafador doing clerical jobs and fixing his
schedules for the day. He was not privy to Mr. Estafadors business and
did not know what Mr. Estafador did with all that money. Also he said
that he was only working with Mr. Estafador for a few months when he
was pressured to open a BPI account and issue checks to various
persons

38. Q: Do you know what moved Mr. Naistir to open a BPI account and
issue checks to various persons, if any?
A: Sir he said that Mr. Estafador assured him that there was money to
fund the checks and that money would be regularly placed in his
account to fund the checks. And because he needed the job, he trusted
Mr. Estafador and issued the said checks.

39. Q: As of this time, is the amount of Php1,000,000.00 been paid?

A: No. Mr. Naistir has not paid any single centavo.

40. Q: Do you have anything to say Mr. Nagoyo?

A: No more Sir.

IN WITNESS WHEREOF, I have hereunto set my hand this 16th day

of May 2017 at Baguio City, Philippines.

MR. NAGOYO
Affiant
 SUBSCRIBED AND SWORN TO BEFORE ME, this 16th day of May
2017 at City Prosecutors Office Baguio City . Affiant personally came and
appeared with Passport No. EC 1234567 issued by the Department of
Foreign Affairs (DFA) on January 8, 2016 at Butuan City, bearing his
photograph and signature, known to me as the same person who
personally signed the foregoing instrument before me and avowed under
penalty of law to the whole truth of the contents of said instrument.

Doc. No.______;
Page No. ______;
Book No.______;
Series of 2017.

ATTESTATION

I, PATRICK JAMES A. TAN, , City Prosecutor, Detailed CPO-Baguio

City, after having been sworn to in accordance with the law do hereby
depose and say:

1. I was the one who conducted the examination of witness,

NAGOYO at my aforementioned office in City Prosecutors Office
Baguio City.

2. I have faithfully recorded or caused to be recorded the questions I

asked and the corresponding answers that the witness gave;

3. I nor any other person then present or assisting her coached the
witness regarding his answers;

IN WITNESS WHEREOF, I have hereunto set my hand this 16th day

of May 2017 at Baguio City.

PATRICK JAMES TAN

Counsel for the State