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Republic of The Philippines Department of Justice Office of The City Prosecutor Cebu City
Republic of The Philippines Department of Justice Office of The City Prosecutor Cebu City
DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
CEBU CITY
JULITO CONDE,
Complainant,
IS No. 12345678
-versus-
Estafa (Art.315
RPC
Deceit/Swindling
) & Violation of
BP 22
EMILOU EVASCO,
Defendant,
x - - - - - - - - - - - - - - - - - - - - -x
JUDICIAL AFFIDAVIT
PRELIMINARY STATEMENT
PURPOSE:
6. Q: When she ordered for the 10,000 sacks of cement from you, how did
she pay for it?
A: As agreed, she issued a check.
7. Q: What was the amount of the check that she issued? Can you recall?
A: Yes. It was in the amount of Php1,200,000.00.
8. Q: After she issued the check, what did you do next? If any?
A: Well, I immediately delivered to her the 10,000 sacks of cement on
that same day.
9. Q: Now going back to the check, what was the name of the bank?
Would you know what branch?
A: Yes. It was a Metrobank Check, A.S. Fortuna Branch.
11. Q: At that time that Ms. Evasco issued the check, was there anything
else that she did, if any?
A: Yes. She gave me the assurance that the check is good and that it
will be covered by sufficient funds when presented for payment.
12. Q: After Ms. Evasco issued the check, what did you do next? If any?
A: I deposited the check to my account.
13. Q: After you deposited the check, what happened next, if any?
A: I was shocked when I was informed by my bank that the check Ms.
Evasco issued bounced. The bank informed me that it was drawn
against a “CLOSED ACCOUNT”.
14. Q: Upon learning of the dishonoured check, what did you do next? If
any?
A: I immediately informed Ms. Evasco of the dishonoured check and I
demanded from her that she make good the said check within 5 days.
15. Q: You said that you made a demand, how did you do this? Was this
oral or written?
A: I called her first then I also sent a written demand.
16. Q: Showing to you a demand letter, attached as Annex “B”, can you
confirm if this is the same demand letter that you sent to Ms. Evasco?
A: Yes that is the demand letter that I sent her.
17. Q: After you sent the demand letter, what happened next? If any?
A: She called my office, she apologized for the mishap, and she
promised to deliver another check to cover the amount.
21. Q: After she delivered those 2 East West Bank checks, what did you do
next? If any?
A: I immediately deposited the same.
22. Q: After you deposited the checks, what happened next? If any?
A: Again, I got a call from the bank, this time informing me that both
checks were returned for the reason that they were drawn against
insufficient funds. I do not understand what that is because I am just a
lowly businessman so I asked my lawyer what it meant.
23. Q: After you learned that both checks bounced, what did you do next? If
any?
A: I personally tried to contact Ms. Evasco on her phone, but she
refused to take my calls.
24. Q: After she refused to take your calls, what did you do next? If any?
A: I consulted with my Legal Counsel again.
25. Q: After you consulted with your Legal Counsel, what happened next? If
any?
A: My Legal counsel sent a formal demand letter through registered mail
with return card on March 26, 2015, which was received by the said
Respondent on March 28, 2015.
26. Q: Showing to you a demand letter, attached as Annex “E”, can you
confirm if this is the same demand letter that your counsel sent to Ms.
Evasco?
A: Yes that is the demand letter that we sent her.
27. Q: After Ms. Evasco received the demand letter, what happened next, if
any?
A: Nothing. She continues to ignore the demand to pay.
___________________
Affiant
________________________
Notary Public
Doc. No.______;
Page No. ______;
Book No.______;
Series of 2015.
3. I nor any other person then present or assisting her coached the
witness regarding his answers;
________________________
Notary Public
Doc. No.______;
Page No. ______;
Book No.______;
Series of 2015.
Group 1: