Republic of the Philippines

Department of Justice
Office of the City Prosecutor
Taguig City

Rogelio Cuenco I.S. No. __________________

Comlainant,

-versus-

Spouses Dy, Jr. and Jhunnel Sampaga

Respondents.

x------------------------------------------------------------------------------------------------------------------x

Affidavit of Complaint

I, Rogelio S. Cuenco, of legal age, Filipino, residing at Blk 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 Spouses Emerson U. Dy, Jr., and

Yolanda Tan Dy, in the amount of Php 2,000,000.00 with Php 100,000.00 interest
for the any unpaid obligation, four hundred thousand pesos of which remained
unpaid.
2. Being unable to pay the said amount, Spouses Dy offered to assign their
condominium unit (Unit 3708 at the travertine at Portico Tower 2) located at
Captain Henry Javier St., Pasig City to me; that they will also 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 it the
remaining unpaid obligation.
   
3. During my visit to Portico to view Spouses Dy’s unit, Yolanda introduced me to
respondent Jhunnel Sampaga, the associate sales manager and authorized
salesperson of Alveo Land, who validated the existence of the unit and its contract
price.

4.  Respondent Sampaga told 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. I agreed to the assignment of the unit and write off the debt of Spouses Dy
owing to respondent Sampaga’s assurance and reliance to his authority as sales
manager and authorized salesperson of Alveo Land.

6. On April 16, 2019, I paid Spouses Dy an initial amount of 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 payments were
made in Taguig City.

A copy of the acknowledgement receipts of the payments are hereto attached as

Annex “B”.

7. 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 respondents promised to handover within 10 days the Deed of

Reassignment, but they failed to do so. Despite following up several times I didn’t
receive any response from them, so I called Mr. Sampaga to ascertain the cause of
the delay of the release of the deed. 

9. On 20 august 2019, I made a surprise visit to Alveo’s office to get an official

response and I discovered that the correct original contract price of the unit is only
Php 4, 350, 187.50. Both Mr. 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 and increased the contract price from
Php 4,354,187.50 to Php 6,892,400.00. Moreover, they only paid the amount of
Php 654,600.00 and not Php 2,799,107.12.

10. Since the agreed assignment never happened, I was defrauded by the
respondents in the total amount of 2,350,000.00.

9. On 25 September 2019, I sent a notice of demand to Spouses Dy, demanding the

return the amount of Php 2,350,000.00 and for them to settle their outstanding
obligation of Php 500,000.00. Then, a final notice of demand dated 20 November
2019 was also delivered to their address. However, 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”.  
 
10. On the basis of such facts and evidence, I hereby charge Spouses Dy, residing
at 2137-a, Lourdes St., San Miguel Village, Poblacion, Makati City and Jhunnel
Sampaga, residing at 2nd Floor, Building 7, Bonifacio High Street, Bonifacio
Global City, Taguig City, 1634, 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:

Art. 315. Swindling (estafa). - Any person who shall defraud another by any means
mentioned herein below shall be punished by:
xxx
2. By means of any of the following false pretenses or fraudulent acts
executed prior to or simultaneously with the commission of fraud: 
 (a) 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.
xxx

12. 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.
 
In the case of Lopez vs. People of the Philippines, GR. No. 199291, July 31, 2013,
the Court found the defendant guilty as charged and enunciated that:
The act of deliberately misrepresenting to the private complainant that Primelink had the
necessary authority or license to pre-sell shares in Subic Island Club, and the act of
collecting money from private complainant only to renege on the promise to turn over
said share and for failure to return the money collected from the private complainant,
despite several demands, are clearly acts attributable to herein accused Lopez and amount
to estafa punishable under Article 315, paragraph 2(a), of the Revised Penal Code.

11. I am executing this affidavit to attest to the truth of the foregoing facts. I will
elaborate further on the facts of this case when called to testify against the
respondents.

In witness hereof, I have hereunto affixed my signature this __ day of February

2020 in ___________.
                                             
Rogelio S. Cuenco
Affiant

ID No. ______
Issued on: ______

Subscribed and sworn to before me this __ day of February 2020 in __________,

Philippines by affiant who has satisfactorily proven to me his identity; that he is
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 this affidavit, and the allegations therein are fully
understood by him.

 ________________________
  Prosecutor