Republic of The Philippines

Department of Justice
Office of The City Prosecutor
Taguig City

ROGELIO S. CUENCO
Complainant,
I.S. No. 123456
-Versus-

Spouses EMERSON U. DY, JR.,

and YOLANDA TAN DY, and
JHUNNEL SAMPAGA
Respondents.
x--------------------------------------x

COMPLAINT-AFFIDAVIT

I, ROGELIO S. CUENCO, of legal age, Filipino, with address at Block

316 Lot 19 Maya St., Zone 10, Rizal, Makati City, after having been duly
sworn to in accordance with law, do hereby depose and state, that:

1. Sometime in 2017, I extended credit to respondents-spouses

Emerson U. Dy, Jr., And Yolanda Tan Dy (spouses Dy) in the amount
of Php 2,000,000.00, of which, Php 400,000.00 remained unpaid.
Spouses Dy and I had an agreement that I will be charging them an
additional Php 100,000.00 as interest for the unpaid obligation.

2. Unable to pay the said amount, spouses Dy offered to assign

their condominium unit - Unit 3708 at the Travertine at Portico
Tower 2, Captain Henry Javier, Pasig City to me. They said that they
will assign and transfer their rights, title, and interest over the said unit
if I will reimburse them the total amortization that they already
allegedly paid to Portico Land Corporation and deduct from the same
the remaining unpaid obligation.

3. During my visit to Portico to view spouses Dy’s unit, Yolanda

Dy introduced me for the first time to respondent Jhunnel Sampaga the
Associate Sales Manager and authorized salesperson of Alveo Land.
Sampaga validated the existence of the unit and its contract price.

4. Respondent Sampaga also confirmed to me that: (1) spouses

Dy were indeed the owners of the unit; (2) the contract price was Php
6, 892, 400.00; (3) the total amortization paid was in the amount of Php
2,799,107.12; and (4) the contract to sell was genuine. A copy of the
contract to sell is hereto attached as Annex “A”.

5. Trusting respondent Sampaga’s confirmation and relying on

the former’s position as Associate Sales Manager and authorized
salesperson of Alveo Land, I agreed to the assignment of the unit and
write off the debt of spouses Dy.

6. On 16 April 2019, I paid spouses Dy an initial amount of Five

Hundred Thousand Pesos (Php 500,000.00) and paid them in tranches
the succeeding amounts:
No. Date Amount

1 16 April 2019 Php 500,000.00

2 17 April 2019 Php 500,000.00
3 23 April 2019 Php 500,000.00
4 03 May 2019 Php 500,000.00
5 17 May 2019 Php 150,000.00
6 15 May 2019 Php 100,000.00
7 03 July 2019 Php 100,000.00
Total Php 2,350,000.00

The payment made on 16 April 2019, as well as all succeeding

payment were made in Taguig City. A copy of the Acknowledgement
Receipts of the payments are hereto attached as Annex “B”.

7. Likewise, on 16 April 2016, spouses Dy and I executed a Deed

of Assignment and Transfer of Rights for the subject property. A copy
of the deed of assignment and transfer of rights is hereto attached as
Annex “C”.

8. Thereafter, the former promised to handover within 10 days

the Deed of Reassignment but failed to do so. Despite following up
several times and without receiving any response, I was forced to call
Sampaga to investigate what is causing the delay of the release of the
Deed of Reassignment.

9. On 20 August 2019, I made a surprise visit to Alveo’s office

to get an official response. During said visit, I discovered that the
correct original contract price of the unit is only Php 4,354,187.00.
 Both Sampaga and Alveo’s Regional Sales Director Mr.
Richmond Lawrence Yu admitted that spouses Dy fabricated the
schedule of payments (Annex C-1) of the contract to sell which was
shown to me and changed the contract price from Php 4,354,187.50 to
Php 6,892,400.00. Likewise, spouses Dy only paid the amount of Php
654,600.00 and not Php 2,799,107.12.

10. Because of the aforesaid fraudulent acts, spouses Dy and their

cohorts succeeded in duping me of the total amount of Two Million
Three Hundred Fifty Thousand (Php 2,350,000.00), since the agreed
assignment of the condominium unit never happened.

11. On 25 September 2019, I sent a Notice of Demand to spouses

Dy demanding the return of Php 2,350,000.00, and for them to settle
their outstanding obligation of Php 500,000.00. Thereafter, a Final
Notice of Demand dated 20 November 2019 was hand delivered to their
address. However, despite the said demands, they failed and refused to
pay the said amounts. A copy of the Notice of Demand and Notice of
Final Demand are hereto attached as Annex “D”.

12. On the basis of the abovementioned facts and evidence, I

hereby charge spouses Emerson U. Dy, Jr., and Yolanda Tan Dy, with
address at 2137-A Lourdes St., San Miguel Village Makati, Poblacion,
Makati City; and Jhunnel Sampaga with address at 2nd Level, Building
7, Bonifacio High Street, Bonifacio Global City, 1634 Taguig City with
the crime of estafa under article 315, par. 2 (a) of the revised penal code
which penalizes fraud or deceit when committed as follows:
(a) by means of any of the following false pretenses or fraudulent
acts executed prior to or simultaneously with the commission
of fraud:

(b) by using fictitious name, or actions, falsely pretending to

possess power, influence, qualification, property, credit,
agency, business or imaginary transactions, or by means of
other similar deceits.”; and

(c) the elements of the crime of estafa under the foregoing

provision are: (1) there must be a false pretense, fraudulent
acts or fraudulent means; (2) such false pretense, fraudulent
act or fraudulent means must be made or executed prior to or
simultaneously with the commission of the fraud; (3) the
offended party must have relied on the false pretense,
fraudulent act or fraudulent means and was thus induced to
part with his money or property; and (4) as a result thereof,
the offended party suffered damage.

DANILO D. ANSALDO, Petitioner, Vs. PEOPLE OF THE

PHILIPPINES, Respondent, G.R. No. 159381, March 26, 2010
 13. I am executing this affidavit in order to attest to the truth of
the foregoing facts. I will elaborate further on the facts of this case when
called to testify against spouses Dy and Sampaga.

IN WITNESS WHEREOF, we have hereunto affixed my signature

this 12th day of February 2020 in Pasig City.

ROGELIO S. CUENCO
Affiant
ID No. 463-12456-11
Issued On: 16 October 2019

SUBSCRIBED AND SWORN TO before me this 12th day of February

2020 in Pasig City, Philippines, by affiant who has satisfactorily proven to me
his identity indicated below his name. affiant is known to me and to me known
to be the same person who executed the foregoing complaint- affidavit.

I hereby certify that I have personally examined the affiant and I am

satisfied that he has freely executed the foregoing affidavit and the allegations
contained therein are fully understood by him.

PETRONILO P. MARTINEZ
Prosecutor