November 19, 2018

HONORABLE CITY PROSECUTOR

Hall of Justice
Bogo City, Cebu

Dear City Prosecutor:

G R E E T I N G S!

We have the honor to file a criminal complaint against SOLOMON SINTOS

JUGAN, LEONARDA SINTOS JUGAN and FELICIDAD JUGAN PIANAR, both of
legal ages, Filipinos with residence and postal address at Dakit, Bogo City, Cebu.

The facts and circumstances of the case surrounding the commission of the
unlawful act/s by aforesaid individuals are narrated in the affidavit complaint of herein
private complainants, Jose Rodolfo Masbate Ebale, Jr. and Annie Fernan Magomnang.

Hoping that after due investigation, a corresponding criminal complaint be filed

against the aforesaid persons in the appropriate courts of law.

Thank you very much and more power.

Respectfully yours,

JOSE RODOLFO M. EBALE, JR.

Complainant

ANNIE FERNAN MAGOMNANG

Complainant
Republic of the Philippines)
Province of Cebu - - - - - - ) S.c.
City of Bogo - - - - - - - - - )

AFFIDAVIT COMPLAINT

WE, JOSE RODOLFO MASBATE EBALE, JR., and ANNIE FERNAN

MAGOMNANG, of legal ages, Filipinos with residence and postal address at Brgy.
Odlot, Bogo City, Cebu, after having been duly sworn to in accordance with law do
hereby depose and say, THAT:

PREFATORY STATEMENT
This is a criminal case filed against SOLOMON SINTOS JUGAN, LEONARDA
SINTOS JUGAN and FELICIDAD JUGAN PIANAR both of legal ages, Filipinos with
residence and postal address at Dakit, Bogo City, Cebu for the crime of ESTAFA
punishable under Article 315 of the Revised Penal Code as amended.

THE PARTIES
JOSE RODOLFO MASBATE EBALE, JR and ANNIE FERNAN MAGOMNANG,
(Complainants for brevity) are all of legal ages, Filipinos. For purposes of summons,
notices and orders of the Honorable Office, complainants can be served of the same at
their residence and postal address at Barangay Odlot, Bogo City, Cebu;

Likewise, SOLOMON JUGAN, LEONARDA SINTOS JUGAN and FELICIDAD JUGAN

PIANAR, (Respondents for brevity) are also of legal ages, and Filipinos where
summons, notices and orders of the Honorable Office can be served on them at Dakit,
Bogo City, Cebu.
THE ANTECEDENT FACTS

Hereunder are the following antecedents that lead to the commission of herein
Respondents of the unlawful and felonious acts of ESTAFA, viz:

1) Respondents, first and foremost, executed an undated instrument known

as DEED OF ADJUDICATION AMONG HEIRS WITH DEED OF CONDITIONAL SALE
adjudicating unto themselves a parcel of land with all the improvements found thereon,
known as Lot Number 242 consisting an area of Sixteen Thousand Four Hundred Thirty
(16,430) square meters declared under the name of Luis Jugan per Tax Declaration
Number 18364. (Copy of Deed of Adjudication Among Heirs with Deed of Conditional
Sale and Tax Declaration Number 18364 are hereto attached marked as ANNEX “A”
and ANNEX “B”, respectively);

2) Anent to this, Complainants and Respondents entered into and executed

an instrument known as DEED OF CONDITIONAL SALE OF REAL PROPERTY, where the
total selling price is ONE MILLION FOUR HUNDRED SEVENTY EIGHT THOUSAND
SEVEN HUNDRED PESOS (1,478,700), Philippine currency over a parcel of land
which is described hereto as follows:

“A parcel of land known as Lot Number 2482 situated at Dakit,

Bogo City, Cebu. Bounded on North East by Lot 2041; on the South East
By Lot No. 2481; on the South West by 2484 and 2483; and on the North
 West by Lot No. 2401 containing an area of Sixteen Thousand Four
Hundred Thirty (16,430) square meters more or less under the name
of
LUIS JUGAN with Tax Declaration Number 18364.”

3) Aforesaid instrument albeit undated, Respondents, being the conditional

vendor, affixed their signature over their typewritten name while the Felicidad Jugan
Pianar her affixed her thumb mark. Said instrument was likewise signed in the presence
of Joey Orsaga and Marvel Anciano who served as witnesses. (Appended is hereto is
the copy of the Deed of Conditional Sale of Real Property marked as ANNEX “C”);

4) One of the terms and conditions embodied in Deed of Conditional Sale of

Real Property, specifically on paragraph 3 therein states that upon execution hereof, a
down payment in the amount of Three Hundred Thousand (P300,000.00) pesos shall be
made;

5) Thus, Complainants herein being the conditional vendee made and

tendered the aforesaid amount as down payment to herein Respondents as evidenced
by Acknowledgement Receipt duly signed by Respondents. (Attached herewith is the
Acknowledgement Receipt marked as ANNEX “D”);

6) However, Respondents through misrepresentation, false pretenses and

deceit maliciously and deliberately, defrauded Complainants herein which made the
latter parted their money in the aforesaid amount to the damage and prejudiced of the
latter (complainants);

7) The execution by Respondents’ of Deed of Adjudication among Heirs with

Deed of Conditional Sale adjudicating unto themselves such parcel of land known as Lot
Number 2482 when in fact there are other two (2) compulsory heirs in the person of
Jose Jugan and Ernesto Pelayo caused damage and untold prejudice to herein
complainants;

8) In fact, Jose Jugan and Ernesto Pelayo were one of those who executed
the Deed of Waiver and Quitclaim in favor of their deceased father, Luis Jugan.
Moreover, they were also mentioned in the Affidavit of Request executed by Felicidad
Jugan. This goes only to show that from the very beginning, Felicidad Jugan knew
pretty well that Jose Jugan and Ernesto Pelayo are likewise compulsory heirs of her
deceased father, Luis Jugan. (Attached is the copy of Deed of Waiver and Quitclaim
and Affidavit of Request marked as ANNEX “E” and ANNEX “F”, respectively);

9) The execution of said Deed of Adjudication among heirs by Respondents

would only show that they misrepresented and pretended themselves to be the owners
of, and have a better right to sell, such property to complainants where in fact they
have none. If ever Respondents can sell said property, they could only dispose the
aliquot portion representing their respective share and not the whole property itself;

10) With this predicament, complainants confronted Respondents and made

verbal demand for latter to return complainants’ money. However, the demand and
plea of complainants went into deaf ears as Respondents, did not, up to the present
time, return said Three Hundred Thousand (P300,000.00) pesos representing partial
payment paid by Complainants to Respondents;

11) Had it not for the misrepresentation, false pretenses and deceit resorted
to by Respondents, complainants would not in anyway parted their money and damage
would not be suffered by the latter (complainants). Thus, Respondents should be made
liable and accountable for their unlawful and felonious acts of defraudation committed
against complainants herein.

12) We are executing this affidavit in order to attest the veracity of the
foregoing facts above-stated and to support further of our case for ESTAFA against
Respondents herein.

IN WITNESS WHEREOF, we hereby affix our signatures this ____ day of

November 2018, Bogo City, Philippines.

JOSE RODOLFO M. EBALE, JR ANNIE FERNAN MAGOMNANG

Affiant Affiant

SUBSCRIBED AND SWORN TO before me this ____ day of November 2018, at

Bogo City, Philippines. I hereby certify that I have personally examined the herein
affiants and convinced that they executed this affidavit freely and voluntarily and
understood the contents of the same.