Republic of the Philippines )

City of San Pedro City, Laguna ) S.S.

AFFIDAVIT OF COMPLAINANT
(small claims)

I, CHRISTINA M. TUBIO, of legal age, married and with resident

address at Blk 5 Lot 4, Glee St., Conpil Village I, San Pedro, Laguna, after
having duly sworn in accordance with law hereby depose and state that:

1. I am the plaintiff in a complaint for small claims for collection of

sum of money amounting to TWO HUNDRED SIXTY-FIVE THOUSAND PESOS
(Php 265,000.00) against MS. JOLLI AN TAPALLA who is a resident of Blk
1 Lot 11, Love Avenue, Olivares Homes Subdivision, Brgy. Fatima, San Pedro
Laguna, herein referred to as Defendant;

2. Sometime in December 2016, Defendant, who is addicted to

gambling, went to me to ask if she could borrow some money to pay off her
casino debts at a lower interest rate as she used her _________ as collateral
for a loan at a going interest rate of 25% weekly for loans from casino loan
sharks;

3. That being a friend of Defendant and with her taking advantage of

my trust imploring me on the urgent nature of the loan, I succumb and
gathered my savings and LOANED her the amount of TWO HUNDRED AND
SIXTY-FIVE THOUSAND PESOS which is FIVE THOUSAND PESOS short of
the needed TWO HUNDRED AND SEVENTY THOUSAND PESOS of the casino
debt sometime on February 2017;

4. That the aforementioned loan DOES NOT carry any interest and
was merely done to help the Defendant, who was pleading for help and
mercy using conniving, scheming and underhanded words to make me
agree, and promised to pay the same in FULL within TWO MONTHS or April
2017;

5. That upon her receipt of the cash, she showed me a copy of the
obligation and the succeeding payment thereof, reflecting the payment of
TWO HUNDRED AND SIXTY FIVE THOUSAND PESOS of the total debt with
the witnesses being, a common friend, MICHELLE MAHISTRADO, and the
Defendant.

A copy of the document showing the aforementioned receipt of

payment and computation of loan and signatories as witness is hereby
attached as ANNEX “A”;

6. That I started having doubts on the integrity of the strong promises

of Defendant when I discovered through a submitted chat that merely a few
days after the payment of the loan with exorbitant interest rates, herein
Defendant was trying to again loan from the same loan shark she just got
out of debt from. Defendant even has the audacity to try to leverage the
recent payment to gain some footing and loan again by stating that
“_______________kahit na nagbayad na??”.

A copy of the aforementioned chat is hereby attached as ANNEX “B”;

7. However, Plaintiff being a law abiding citizen decided to let the term
of Two months run its course before demanding payment for the loan.
Sometime on April 2017, Plaintiff started to demand payment for the loan
both through verbal and electronic means. Defendant, however refuses to
pay citing lack of funds and repeatedly ask for extensions;

8. That on September 17, 2017, upon insistent demand from Plaintiff,

Defendant once again admitted to the debt and tried to negotiate a loan
payment of TWO THOUSAND PESOS per month starting September 30, 2017
with funds obtained through her gainful employment as a call center agent.

A copy of the signed note of the Defendant admitting to the debt and
promising to pay is hereby attached as ANNEX “C”;

9. However, despite agreeing to the lopsided provisions and frankly,

insulting, payment scheme, Defendant was still unable to pay the obligation
prompting the Plaintiff to go to the Barangay to complain;

10. That during the barangay conciliation process, Defendant

repeatedly admitted to the truthfulness of her debt to Plaintiff and promised
to pay the obligation, specifically on the hearing set on January 28, 2019,
wherein Defendant promised to pay the following day the amount of EIGHTY
THOUSAND PESOS to ONE HUNDRED THOUSAND PESOS as a down
payment to her debt. The promise to pay was again dishonored prompting
a request for a certification to file action issued on _____________.

The Barangay Blotter of the incident and the Certification to File Action
is hereby attached as ANNEX “C to C-___” and ANNEX “D” respectively;

IN WITNESS WHEREOF, I have hereunto set my hand this _____th

day of March, 2019 in San Pedro City, Laguna.

CHRISTINA M. TUBIO
Affiant
 SUBSCRIBED AND SWORN TO BEFORE ME, this ________ day
of_________, 2019 in San Pedro, Laguna, affiant exhibiting her
_______________________________issued on __________________ in
________________.

Doc. No. ____

Page No. ____
Book No. ____
Series of 2019.