REPUBLIC OF THE 

PHILIPPINES
OFFICE OF THE CITY PROSECUTOR
CITY OF DASMARIÑAS, CAVITE
      
MRS. EDITHA A. OGASAWARA
Respondent

COMPLAINT AFFIDAVIT

              I, Mark Alvin Flores Jovido, Filipino, of legal age, with postal address at Blk1 Lot
32 Green Valley Detachment, Molino 2. Bacoor Cavite, after being duly sworn in to
accordance with law, hereby depose and say:

1. That I am employed as a Legal Officer of EQGRANT LENDING CORP., a lending company

duly organized and existing under and by virtue of laws of the Philippines with principal
address at 3Roze Building, Governor’s Drive, Sampaloc 1, Dasmariñas City, Cavite. `

2. That as Legal Officer of the company, my duties include, monitoring and collection of
delinquent accounts or past due accounts, delivery of demand letters and represent the
company in cases against delinquent borrowers of all the branches of the company.

3. That I am authorized by the company to file a criminal case for violation of Batas Pambansa
Bilang 22 against principal borrowers Mrs. Editha A. Ogasawara who can be served with
summons at Lot 2, Block 83, Bushwick St., Laguna BEL AIR, Phase 3, Brgy., Loma,
Biñan, Laguna. Attached hereto as Annex “A” the Secretary Certificate authorizing
me to represent the company

4. On 04 June 2018, principal borrower Ms. Editha A. Ogasawara applied for a loan and was
granted by EQGRANT LENDING CORP.,- Dasmariñas City Branch in the amount of Five
hundred thousand pesos (Php500,000.00) with an interest of 2.95% per month for twelve
(12) months. Ms. Editha A. Ogasawara also offered a real estate property per Transfer
Certificate of Title No. 060-2017017808 as collateral of her loan and executed a
Promissory Note in the amount of Six hundred thousand seventy seven pesos (Php
677,000.00). Copy of Promissory Note is hereto attached as Annex “B”.

5. Simultaneous with obtaining the loan from our company (Dasmariñas City Branch), Ms.
Editha A. Ogasawara issued the post-dated checks as payment for her amortization to
EQGRANT LENDING CORP. - Dasmariñas City Branch located at 3Roze Building,
Governor’s Drive, Sampaloc 1, Dasmariñas City and within the jurisdiction of this Honorable
Office, Eastwest Bank – Paseo De Sta. Rosa, Sta. Rosa, Laguna Branch checks in
payment of her obligation covered by the Promissory Note.

The respondent issued several checks and TWO (2) among the several checks are the
subject of this case which was deposited amounting to Php 112,834.00, to wit:

Bank – Branch Check No. Date Amount

EASTWESTSta. Rosa City, Laguna Branch 37454 September 30, 2018 Php 56,417
   EASTWESTSta. Rosa City, Laguna Branch 37455 October 30, 2018 Php 56,417

6. When presented to our Chinabank - SM Dasmariñas City Branch, our company depository
bank were dishonored due to ACCOUNT CLOSED. Copies of the front and dorsal portions
of the checks are hereto attached as Annexes “C” & “D”.
 7. Upon processing of encumbrance of the land title offered by Ms. Editha A. Ogasawara as
collateral, it also found out that the said public document (land title) was falsified or faked as
declared by the Registry of Deeds Sta. Rosa, Laguna Office. Annex “E”

8. Likewise, written and verbal demands through demand letters, collection follow up and
barangay hearing to settle their obligation were made but Ms. Editha A. Ogasawara
refused and failed and continues to refuse and fail to pay their just and valid obligation.

9. As a result of the failure of Ms. Editha A. Ogasawara, to make good of the checks, the
company was constrained to engage the services of a counsel wherein the company paid
and amount of Php 20,000.00 plus Php 3,000.00 per appearance in the hearings.

10. Herein attached are the Demand Letters personally delivered to the respondent on October
04, 2018 and November 05, 2018 marked as Annexes “F”, “G”.

11. I am executing this Affidavit to attest to the truthfulness of the foregoing and for the
purpose of charging Ms. Editha A. Ogasawara, of TWO (2) counts of violation of Batas
Pambansa Blg. 22.

IN WITNESS WHEREOF, I have affixed my signature this __ day of November 2018

in Dasmariñas City, Cavite, Philippines.
Mark Alvin F. Jovido
Affiant

SUBSCRIBED AND SWORN to before me this ____ day of November, 2018 in

Dasmariñas City, Province of Cavite. I further certify that I have personally examined
the Affiant and I am satisfied that she voluntarily executed her Counter-Affidavit and
that she understood the contents of the same.

CITY PROSECUTOR

CERTIFICATION

This is to certify that I have personally examined the affiant and I am convinced that he
has fully executed this Complain-Affidavit, read the same and understood the contents
thereof and that the allegation therein are true and correct of his personal knowledge and
based on the authentic documents in his possession.

CITY PROSECUTOR