Republic of the Philippines

MUNICIPAL CIRCUIT TRIAL COURT

7th Judicial Region
Borbon, Cebu

MIGUELA O. APUYA,
Complainant,
Criminal Case No. ___________
-versus- For: Estafa with Abuse of Confidence,
Art. 315, 1(b)

LUCHIE A. BREGENTE,
Respondent.
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JUDICIAL AFFIDAVIT
OF PRIVATE COMPLAINANT

I, MIGUELA O. APUYA, of legal age, Filipino, married, a teacher and a resident

of Tapul, Tabogon, Cebu, Philippines, after having been duly sworn to in accordance
with law, do hereby depose and state:

That in accordance with A.M. 12-8-8-SC, which prescribes the use of judicial
affidavits to serve as the direct examination testimony of the witness, I hereby
execute this judicial affidavit in a question and answer format;

That the lawyer examining me is ATTY. CONCEPCION T. CEJANO, with office

address at Cabalilitan, Tabunan, Borbon, Cebu where the examination was
conducted.

That I am answering the questions asked of me fully conscious that I do so

under oath and that I may face criminal liability for false testimony or perjury;

AND UNDER OATH, AVERS THE FOLLOWING:

1. Q: Why are you here in my office?

 A: I am here to file a complaint against MRS. LUCHIE A.
BREGENTE, residing at Poblacion, Borbon, Cebu, where she may
be served with summons and processes of the court, who
misappropriated my acer laptop.

2. Q: What makes you say that Mrs. Bregente misappropriated

your laptop?
A: I allowed her to use my laptop to input the grades of my
students, but she did not anymore return the same, to my
damaged and prejudiced.

3. Q: When did you allow her to use your laptop?

A: Sometime in June 2017.

4. Q: When did you ask her to return the said laptop?

A: My first demand on her was when she became pregnant. I
decided not to let her encode the grades anymore because she
is already pregnant, and it might be a burden to her. This was
sometime in September or October 2017.

5. Q: Did she return the laptop?

A: No, she did not return the laptop. She said that she had it
repaired.

6. Q: Was your laptop in good condition?

A: Yes, my laptop is in good condition. It was working very well
and just newly purchased.

7. Q: Did she informed you that she will have the laptop repaired?
A: No, she did not.

8. Q: When was the next time you demanded from her to return
your laptop?
 A: I made two more verbal demands, which I can no longer
remember the exact dates. She promises to return my laptop
before Holy Week of 2018.

9. Q: Did she return the laptop before Holy Week?

A: No, she did not. I made another follow-up demand, and she
promises again to return the same during Brigada Eskwela, that
is June of 2018.

10. Q: Did she return the laptop on June 2018?

A: No, she did not. It was hereafter that I wrote a letter to the
School Principal, Mr. Genes Taneo, to inform him of Mrs.
Bregente’s promises regarding my laptop, and that the same
has not been fulfilled, to my prejudiced and damaged.
(Attached here as Annex “A” is the said letter.”)

11. Q: What did the school principal do in response to your letter?

A: He informed the District Supervisor, Mrs. Doronio, and called
us on a meeting on August 28, 2018. She had many issues then,
and with regards to my laptop, she again made a promise that
the technician will come over to the school on August 30, 2018,
but which it never happened. She even promises to replace my
laptop if she could not return the same after five days from the
said meeting.
(Attached herewith as Annex “B” and Annex “C”, respectively
are copies of the minutes of the said meeting, and her
handwritten promise.)

12. Q: Did she return or replace the laptop after five days?
A: No, she did not.

13. Q: What did you do thereafter?

A: I informed again the School Principal, and he called for
another meeting with us and the grievance committee on
September 7, 2018.
14. Q: What happened during the said meeting?
A: Mrs. Bregente made another reason, that the technician can
no longer be contacted. She was given another five (5) days to
replace my laptop.
(Attached herewith as Annex “D” is a copy of the Minutes of the
said meeting on September 7, 2018).

15. Q: How much does the laptop cost?

A: More or less Nineteen Thousand Pesos (P19,000.00).

16. Q: What did you do after the many unfulfilled promises of Mrs.
Bregente?
A: I decided to bring the matter to the Barangay, in hope that
she will take heed.

17. Q: What happened during the Barangay Conciliation?

A: She did not appear on the first scheduled hearing in the
Barangay, last October 5, 2018. I waited until 10:00 a.m.
(Attached herewith as Annex “E”, is a copy of the summons.)

18. Q: What happened next?

A: Our next hearing was scheduled on October 10, 2018, but
she still failed to attend. She only gave a letter addressed to the
Brgy. Captain and myself that she could not attend, allegedly,
because she is processing her UMID in Bogo City.
(Attached herewith as Annex “F” and Annex “G”, respectively, is
a copy of the second summons and her letter.)

19. Q: Was there another hearing set by the Barangay?

A: Yes, there was. It was our third, scheduled on October 23,
2018, but she still failed to appear.
(Attached as Annex “H” is a copy of the said summons.)

20. Q: What did you do next?

 A: I asked a Certification to File Action, attached herewith as
Annex “I”.

21. Q: Anything else?

A: I received a School Memorandum dated October 29, 2018,
from the School Principal, Mr. Genes Taneo, informing, that my
case will be forwarded to the School’s Division Superintendent
on November 2018. But the same has not yet been forwarded.
It is in this regard that I am now determined to file this criminal
case against Mrs. Luchie Bregente because I have been
prejudiced so much, agonizing and burdened, of when can my
laptop be returned or replaced.

22. Q: Do you have any other statements?

A: I want justice to what I am undergoing right now, against
Mrs. Bregente. She abuses the confidence I had on her and
made me suffer for a long time now because of her unfulfilled
promises of not returning my laptop, to which I badly needed in
my work. Her actuations are not befitting of a good teacher and
an example to the young. She should face the consequences of
her actions, pay what is due me and the cost of filing this action,
with attorney’s fees.

IN WITNESS WHEREOF, I hereunto affix my hand this ____ day

of January, 2019, Borbon, Cebu, Philippines.

MIGUELA O. APUYA

SUBSCRIBED AND SWORN TO before me, a Notary Public for and

in the City of Bogo this ___day of January, 2019, affiant who is known
to me personally.
 Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 2019.

SWORN ATTESTATION OF EXAMINING LAWYER

I, CONCEPCION T. CEJANO, of legal age, single and a resident of

Borbon, Cebu, Philippines after being duly sworn to in accordance with
law depose and state, that:

I am the lawyer who conducted or supervised the examination

of the private complainant to the effect that I faithfully recorded or
caused to be recorded the questions I asked and the corresponding
answers that she gave, and neither I nor any other person then
present or assisting me coached her regarding her answer.

IN WITNESS WHEREOF, I hereunto set my hand this _____ day

of January, 2019 at Cebu City, Philippines.

CONCEPCION T. CEJANO

SUBSCRIBED AND SWORN to before me this _____day of

January, 2019 at Cebu City by affiant Attorney’s Roll No. 70455.
Page No.____;
Doc No._____;
Book No.____;
Series of 2019.