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Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR
Tuguegarao City

REGIE CAGURANGAN,
Complainant,

- versus -
Case No.
_____________________
For: B.P. 22 and Estafa
MANILYN DE LEON,
Respondent.

x----------------------------x

COMPLAINT-AFFIDAVIT

Complainant, REGIE CAGURANGAN, of legal age, Filipino,


married and with address at 19-C Alan Street, Linao West,
Tuguegarao City Cagayan, assisted by the undersigned counsel,
under oath, depose and state that:

1. I am the owner of FDC Farm Supply (“FDC”) located in


Nangalisan, Solana Cagayan.

2. FDC is engaged in the trading business of agricultural products


and construction supply.

3. Respondent is Manilyn L. De Leon of legal age, Filipino and


owner of Kabsat Enterprises with business address at Public Mrarket,
Sta. Maria, Alfonso Lista, Ifugao.
4. Being engaged in the trading business of products and
construction supply, I adverstised my business in Facebook.

5. Sometime on the first week of December 2018, a certain


Manilyn De Leon contacted me on my personal number and
represented herself to be the owner of Kabsat Enterprises engaged
in the selling of construction of supply.

6. At the course of our conversation, she ordered two thousand


(2,000) bags of Advance Eagle Cement worth Four Hundred Sixty-
Seven Thousand Pesos P 467, 000.00 to be delivered in her business
address in Afonso Lista, Ifugao.

7. It was agreed that upon delivery of the purchased construction


supplies respondent will have to issue post-dated checks as payment
for the construction supplies received.

8. I told the respondent that she’ll await the delivery of her


placed order construction supplies for I likewise ordered it from my
supplier in Manila;

9. On 12 December 2018, I tasked my two (2) drivers namely Rally


Siddayao and Sonny Boy Siddayao, together with two (2) helpers to
deliver the goods at the business address given by the respondent.
Consequently, I also authorized Rally Siddayao to receive post-
dated checks for and in behalf of FDC.

Attached hereto is the Affidavit of Rally Siddayao marked as


ANNEX ”A” and made an integral part hereof.

10. I relied on respondent’s representations and the legitimacy of


promises that she will give me post-dated checks once she received
the goods.
11. Due to the distance of the business address of the respondent
and lack of familiarity of the roads going thereto by my drivers, we
agreed that transfer and reception of the goods will be done in
Ramon, Isabela.

12. Once the placed orders were received by the respondent, she
issued two (2) post-dated checks under her name worth TWO
HUNDRED THIRTY THREE THOUSAND FIVE HUNDRED PESOS (P
233,500.00) dated 14 December 2018 with Check No. 0000135335
and 22 December 2018 with Check No. 0000135300.

13. I presented the said checks on the indicated dates for


payment before METROBANK TUGUEGARAO BRANCH but both were
dishonored.

14. I confronted respondent about the bounced checks and


respondent promised that she will replace the checks with cash. I
relied on her promise again and trusted that she will fulfill her
promises but she never did.

15. Since 12 December 2018, until present, respondent never made


any payment;

16. I then begged her to just return to her all the delivered goods
but she refused.

17. Since then, respondent never fulfilled her promises despite my


constant pleas from respondent. She completely ignored her
obligations.

18. I had no other choice but to pay all the goods I ordered from
my supplier that were delivered to her which amounts to FOUR
HUNDRED SIXTY-SEVEN THOUSAND PESOS (P 467, 000.00).
19. The following checks issued by respondent that were
subsequently dishonored are as follows:

PS BANK CHECK No. Amount


0000135335 P 233,500
0000135300 P 233,500

Copies of the dishonored checks with notations such as “SPO”,


“DAIF”, and reflected on the first and second PS BANK checks
respectively are herein attached are hereto attached as Annexes
“A” and “B” respectively.

20. It is apparent that all subsequent checks were drawn against


insufficient funds, making herein respondent still liable for BP 22 and
estafa for issuing said checks.

21. A Demand Letter/Notice of Dishonor was executed before the


police station of Villasis, Santiago City Isabela dated 18 January
2019 to fulfill her obligation which was sent through registered mail
with registry no. RE 015 466 006 ZZ to give her the ample time and
opportunity to fulfill her obligation but said efforts as to date became
futile. A copy of “re: notice of dishonor” is hereto marked and
attached as ANNEX “C” and made an integral part hereof.

22. A copy of the certification issued by the Philippine Postal


Corporation Tuguegarao City, recording that the same was refused
receipt by respondent is hereto attached as ANNEX “D” and made
an integral part hereof.

23. However it cannot be denied that respondent Manilyn De Leon


has knowledge on the dishonor of the subject checks.

24. In fact, after the first check PS BANK CHECK No. 0000135335
was presented for payment before Metrobank of Tuguegarao which
was subsequently dishonored by said bank, I immediately informed
respondent through text messages of the dishonor of the said check.
25. Respondent informed me that she will just replace the
dishonored check and told me not to present the second check
anymore for she will pay in cash.

26. Clearly, Manilyn De Leon cannot now deny knowledge of the


dishonor of both checks and likewise cannot deny that the same
checks were drawn against insufficient funds.

27. Printscreens of the text message conversation between myself


and respondent proving her knowledge of the dishonor of the
checks is hereto attached as Annexes “E and series”.

28. Clearly, Marilyn De Leon committed violations of Batas


Pambansa Blg. 22 and likewise violated the provisions of the Revised
Penal Code by committing estafa through issuing post-dated checks
without sufficient funds.

For violation of Batas Pambansa Blg. 22.

29. Pursuant to the ruling of the Supreme Court in the case of


Erlinda San Mateo vs. People of the Philippines1, one may be held
liable for violation of B.P. 22 should the following elements be
present:

(1) the making, drawing, and issuance of any


check to apply for account or for value;

(2) the knowledge of the maker, drawer, or issuer


that at the time of issue he does not have
sufficient funds in or credit with the drawee bank
for the payment of the check in full upon its
presentment; and

1
G.R. No. 200090, 06 March 2013.
(3) the subsequent dishonor of the check by the
drawee bank for insufficiency of funds or credit or
dishonor for the same reason had not the drawer,
without any valid cause, ordered the bank to stop
payment.

30. In the case at hand, the first element is present. Respondent De


Leon issued two post-dated checks which induced met to part with
my products and entrust the same to her.

31. The second element is present as well. Section 2 of Batas


Pambansa Blg. 22 creates the prima facie presumption that the
maker, drawer or issuer of a dishonored check has knowledge of
insufficiency of funds or credit:

SEC. 2. Evidence of knowledge of insufficient


funds. – The making, drawing and issuance of a
check payment of which is refused by the
drawee because of insufficient funds in or credit
with such bank, when presented within ninety (90)
days from the date of the check, shall be prima
facie evidence of knowledge of such
insufficiency of funds or credit unless such maker
or drawer pays the holder thereof the amount
due thereon, or makes arrangements for
payment in full by the drawee of such check
within five (5) banking days after receiving notice
that such check has not been paid by the
drawee.

32. Further, I personally informed respondent that all the


subsequent checks after the first check bounced. She promised that
the subsequent checks will be funded but she never did fund the
same.

33. Likewise, a notice of dishonor was sent to the respondent which


was conveniently ignored.
34. Lastly, the third element is present in the instant case. The
stamps and notations made by the drawee bank on the checks
subject of this complaint would show that the drawee bank
dishonored said checks due to being drawn against insufficient
funds or drawn on a closed account.

For the crime of estafa under the Revised Penal Code:

35. Also, in the light of the above-cited incident, it is evident that


Marilyn De Leon also committed the crime of Estafa under Article
315, paragraph 2(d) of the Revised Penal Code Article 315,
paragraph 2(d) of the Revised Penal Code states that :

Art. 315.
Swindling (estafa). – x x x.x x x x

d) [By post-dating a check, or issuing a check in


payment of an obligation when the offender
therein were not sufficient to cover the amount of
the check. The failure of the drawer of the check
to deposit the amount necessary to cover his
check within three (3)days from receipt of notice
from the bank and/or the payee or holder that
said check has been dishonored for lack of
insufficiency of funds shall be prima facie evidence
of deceit constituting false pretense or fraudulent
act. (As amended by R.A. 4885, approved June 17,
1967.)

27. The elements of estafa under Art. 315, Par. 2(d) of the Revised
Penal Code, are:

(1) a check is postdated or issued in payment of


an obligation contracted at the time it is issued;
(2) lack or insufficiency of funds to cover the
check;
(3) damage to the payee thereof.

36. Respondent committed all of the elements of the crime of


Estafa under the Article 315, paragraph 2(d) of the Revised Penal
Code, thus:

a. Respondent issued two (2) post-dated checks


on December 2018 for the payment of her order of
Advance Eagle Cement, with the total amount of
P467, 000. 00;
b. that there was insufficient funds to cover the
check; and
c. that I suffered damages because I was the one
who answered for the payment of said products to
my supplier.

37. All told, there is probable cause to find respondent De Leon


guilty of violating Batas Pambansa Blg. 22 and Estafa. It is thus
prayed for that the Honorable Prosecutor file the necessary case
against her in court.

38. I am executing this Complaint-Affidavit to attest to the truth of


the foregoing and for the purpose of filing criminal charges against
respondent Marilyn De Leon for violation of B.P. 22 and Estafa
defined and penalized under paragraph 2(d), Article 315 of the
Revised Penal Code.

39. The Honorable Prosecutor has jurisdiction over the instant


complaint considering that all the elements of the foregoing crimes
were perpetrated within its jurisdiction.

40. Ms. Marilyn De Leon may be served with the processes,


resolutions and orders of this Honorable Office at Kabsat Enterprises,
Public Market, Sta Maria Alfonso Lista, Ifugao.
REGIE CAGURANGAN
Affiant

SUBSCRIBED and SWORN to before me this _____________ in


Tuguegarao City; and I hereby certify that I have personally
examined the affiant and that I am satisfied she understood the
allegations in his Complaint-Affidavit and that she voluntarily
executed the same.

Asst. City Prosecutor

NHEL VINCENT E. AGACER


Provincial Address: Maya Extension, San Gabriel Village

Tuguegarao City

Mobile Number: 09356130369

E-mail Address: nhelvincent@gmail.com

OBJECTIVE
To obtain a position in a law office which can offer opportunities that will enhance my career
and will contribute to my professional growth and also be an influential factor in the improvement of
the workplace in the true spirit and atmosphere of mutual respect, cooperation, service and dedication.

PERSONAL BACKGROUND

Date of Birth : May 6, 2001

Place of Birth : Tuguegarao CIty

Sex : Male

Civil Status : Single

Height : 5’5”

Religion : Christian (Roman Catholic)

Language/vernaculars spoken: English, Tagalog, Ilocano, Ybanag

Nationality : Filipino

EDUCATIONAL ATTAINMENT

College Degree : Bachelor of Arts Major in Legal Management

University of Cagayan Valley, Balzain,

Tuguegarao City

2019-2023

Secondary : Humanities and Social Sciences

University of Cagayan Valley, Balzain,


Tuguegarao City

2018-2019

Junior High School

Verdiano Academy

Centro 6 Sto Nino, Cagayan

2013-20017

Primary : Lattac Elementary School

Centro 6, Sto Nino, Cagayan

2006-2013

HIGHLIGHTS OF QUALIFICATION

 Self-motivated and target focused


 Willing to work under pressure
 Can work with minimum supervision
 Computer literate
 Service Oriented

SEMINARS ATTENDED

LEADERSHIP TRANING

Department of Environment and Natural Resources


Heritage Hotel Manila

September 19-24, 2017

BASIC ORIENTATION SEMINAR ON CENTRIST DEMOCRACY

Hotel Delfino, Tuguegarao City

July 31, 2022

THE LABOR CODE

New EMC, University of Saint Louis Tuguegarao City

August 15, 2012

CELEBRATING GREAT MINDS: A Symposium on Argumentation

NISMED Auditorium, UP Diliman, Quezon City

September 14, 2021

CHARACTER REFERENCES

PILAR S. ACORADA, Ph.D

SHS Set A Coordinator

St. Paul University

Tuguegarao City
KAREN ROSE TENEBRO, LPT

Basic education Unit

University of Cagayan Valley

Tuguegarao City

CRIS ALCOBA, Ph.D, Ma.Ed

Dean, School of Education, Arts and Sciences

University of Cagayan Valley

Tuguegarao City

I hereby certify that the above information is true and correct to the best of my knowledge and belief.

NHEL VINCENT AGACER

Lot 3767-A-1
A parcel of land covered by Lot 3767-A-1 of the subdivision plan (RLO) II Psd. 13 being a portion of Lot
3767-A (LRC) Psd-155979, RNR Record No.) containing an area of FOUR HUNDRED TWENTY FOUR (424)
SQUARE METERS more or less, situated in the Poblacion of Municipality of Tuguegarao, Province of
Cagayan , Island of Luzon covered by Transfer Certificate of Title No. T-40193.

Lot 3767-A-2

A parcel of land covered by Lot 3767-A-2 of the subdivision plan (RLO) II Psd. 13 being a portion of Lot
3767-A (LRC) Psd-155979, RNR Record No.) containing an area of FOUR HUNDRED TWENTY FOUR (424)
SQUARE METERS more or less, situated in the Poblacion of Municipality of Tuguegarao, Province of
Cagayan , Island of Luzon covered by Transfer Certificate of Title No. T-94843.

Lot 3767-A-3

A parcel of land covered by Lot 3767-A-3 of the subdivision plan (RLO) II Psd. 13 being a portion of Lot
3767-A (LRC) Psd-155979, RNR Record No.) containing an area of FOUR HUNDRED TWENTY FOUR (424)
SQUARE METERS more or less, situated in the Poblacion of Municipality of Tuguegarao, Province of
Cagayan , Island of Luzon covered by Transfer Certificate of Title No. T-44675.

Lot 3767-A-4

A parcel of land covered by Lot 3767-A-1 of the subdivision plan (RLO) II Pad. 13 being a portion of Lot
3767-A (LRC) Pad-155979, RNR Record No.) containing an area of FOUR HUNDRED TWENTY FOUR (424)
SQUARE METERS more or less, situated in the Poblacion of Municipality of Tuguegarao, Province of
Cagayan , Island of Luzon covered by Transfer Certificate of Title No. T-21708.

Lot 3767-C-1

A parcel of land covered by Lot 3767-C-1 of the subdivision plan (RLO) II Psd.-02-01-000819, being a
portion of lot 3767-C, RLO Record No.) containing an area of THREE HUNDRED EIGHTY THREE (383)
SQUARE METERS more or less, situated in the Municipality of Tuguegarao, Province of Cagayan , Island
of Luzon covered by Transfer Certificate of Title No. T-79020.

Lot 3767-C-2

A parcel of land covered by Lot 3767-C-2 of the subdivision plan (RLO) II Psd.-02-01-000819, being a
portion of lot 3767-C, RLO Record No.) containing an area of TWO HUNDRED FIFTY SIX (256) SQUARE
METERS more or less, situated in the Municipality of Tuguegarao, Province of Cagayan , Island of Luzon
covered by Transfer Certificate of Title No. T-79021.

Lot 3767-C-4
A parcel of land covered by Lot 3767-C-4 of the subdivision plan (RLO) II Psd.-02-01-000819, being a
portion of lot 3767-C, RLO Record No.) containing an area of TWO HUNDRED FIFTY SIX (256) SQUARE
METERS more or less, situated in the Municipality of Tuguegarao, Province of Cagayan , Island of Luzon
covered by Transfer Certificate of Title No. T-78886.

Lot 3768-C-1

A parcel of land covered by Lot 3768-C-1 of the subdivision plan Psd.-02-053681, being a portion of lot
3768-C, Psd-2-01-011697 containing an area of THREE HUNDRED FOUR POINT TWENTY NINE (304.29)
SQUARE METERS more or less, situated in the barrio of Ruyu, Municipality of Tuguegarao, Province of
Cagayan , Island of Luzon covered by Transfer Certificate of Title No. T-99971.

Lot 3768-C-2

A parcel of land covered by Lot 3768-C-2 of the subdivision plan Psd.-02-053681, being a portion of lot
3768-C, Psd-2-01-011697 containing an area of SIX HUNDRED EIGHT POINT FIFTY FIVE (608.55) SQUARE
METERS more or less, situated in the barrio of Ruyu, Municipality of Tuguegarao, Province of Cagayan ,
Island of Luzon covered by Transfer Certificate of Title No. T-111674.