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REPUBLIC OF THE PHILIPPINES )


DAVAO CITY ) S.S.
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AFFIDAVIT COMPLAINT

I, MASTER MARLOWE C. ROVILLOS, of legal age, widower, Filipino citizen,


and a resident of Block 5, Lot 12, DIHo Subdivision Phase 1, Buhangin, Davao City,
after having duly sworn to in accordance with law do hereby depose and state that:

1. I am the same and identical person who caused the execution of this
Affidavit Complaint;

2. I am formally filing a complaint against a certain ROGELIO J. NICOLAS, a


resident of Block 1 Lot 22 Mountain View Village, Bangkal Talomo (Pob.),
Davao City and alternately of 743 Pampanga Street, Gagalangin, Tondo,
Manila whose business address is located at University Avenue, Davao
City for Estafa under Art 315, par. 2(d) and BP 22;

3. The factual circumstances leading to the filing of this complaint happened


as follows:

a. I have known Mr. Nicolas since we are business partners and I have
transacted with him several times as regards our gasoline and
transportation business since 2013 up to present;

b. Sometime on 2016, he came to me and asked me if I could lend him


money in the amount of P300,000.00 which he will use to infuse more
capital in operating his other businesses;

c. He assured me that he will pay the amount with interest and that he
will issue a check as collateral of said loan. Since the loan will be
secured by a check, I decided to lend him the same amount. On
__________________ at __________________________ we went to
(name of bank) and there I handed him the P300,000.00 cash, in turn he
issued an undated check in the amount of P350,000.00 and told me to
just write the date thereon upon encashment and assured me that his
account is funded and I can encash the amount any time;

d. Sometime on November 15, 2017 I tried to encash said check but the
same was refused for the reason DRAWN AGAINST INSUFFICIENT
FUND (DAIF), a copy of the check and the advised of returned check
are hereto attached as ANNEXES A and B;

e. Since we are business partners, I verbally informed Mr. Nicolas that


his check was refused because of insufficient funds, he just made
another promise to deposit cash in his account. I gave him several
chances to make good his check but still he did not comply. Aggrieved,
I sent him a formal demand letter on April 18, 2017. A copy of the
demand letter is hereto attached as ANNEX C;
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f. That despite said demand, Mr. Nicolas failed and refused to pay the
value of the check to my damage and prejudice in the aforementioned
total amount of P350,000.00;

g. I am executing this affidavit in order to attest to the truth and veracity


of the foregoing statements and to formally charge a complaint for
possible violation of Estafa under Art. 315 (2-d) and BP 22.

IN WITNESS WHEREOF, I have hereunto set my hands this __ day of June, 2017
in the City of Digos, Davao del Sur, Philippines.

MASTER MARLOWE C. ROVILLOS


Affiant

SUBSCRIBED AND SWORN TO before me this __ day of June, 2017 in the City
of Digos City, Philippines. I certify further that I have personally examined herein
affiant and I am satisfied that he understood the contents of his counter-affidavit and
voluntarily executed the same.

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