Republic of the Philippines)

Municipality of Diffun, Province of Quirino )S.S.

 
COMPLAINT - AFFIDAVIT
 
I, MAHAR LIKA, of legal age, Filipino, single, resident of Diffun, Quirino
after having been duly sworn to in accordance with law do hereby depose
and state, that-

1. I am the complainant of this case for violation of Article 315,

paragraph 2(d) of the Revised Penal Code or Swindling (Estafa) against
BERTA BATUMBAKAL.
 
2. The respondent of this case is BERTA BATUMBAKAL, of legal
age, Filipino, single, also a resident of Diffun, Quirino.
 
3.   I am the operator and manager of the HANDOG Supermart
located at the Mabuhay Mall, Maharlika Highway, Sagada, Diffun.

4. Sometime in December 2016, in the same place stated above, Berta

Batumbakal obtained a cash amounting to four hundred thousand pesos
(P400,000) from me where he issued (two) 2 checks designated as Security
Bank Check No. 0123456 in the amount of two hundred thousand pesos
(P200,000) and ChinaBank Check No. 7890000 in the amount of two
hundred thousand pesos (P200,000) which are both in my favor.

5. Berta Batumbakal assured me that the checks are good and have
sufficient funds to cover the amounts at the time she made and issued them
in exchange of the amount she received.

6. However, when I presented the two checks to the Bank of the

Philippine Islands (BPI) in Diffun Branch, Quirino on their due dates for
payment, they were dishonored on the ground that the account against which
the checks were drawn was already closed.

8. For this reason, the bank promptly notified him and I also sent her
repeated demands to make good of the checks or make an arrangement with
the drawee bank for payment within 3 banking days from receipt of the
notice.

9. In spite of receipt of notice of dishonor and several demands made,

Berta Batumbakal failed and refused and still fails and refuses to pay the
value of the subject checks up to the present, resulting in damage and
prejudice on my part.

10. Although I received the amount of P360,190.44 last May 22,

2022, still such an amount is not enough to cover the amount of the two
checks.

11. This turn of events convinced me that Berta Batumbakal is a

fraud. On the strength of these circumstances, I was prompted to file a
criminal complaint against Berta Batumbakal. I am left with no recourse but
to file this complaint.

12. Under Article 315, paragraph 2(D) of the Revised Penal Code
defines estafa as:
 
Art. 315. Swindling (estafa). - Any person who shall defraud another
by any of the means mentioned herein below:

2.   By   means   of   any   of   the   following   false   pretenses or

fraudulent acts executed prior to or simultaneously with the commission of
the fraud:
 
(d) By postdating a check, or issuing a check in payment of an
obligation when the offender had no funds in the bank, or his funds
deposited therein were not sufficient to cover the amount of the check. The
failure of the drawer of the check to deposit the amount necessary to cover
his check within three (3) days from receipt of notice from the bank and/or
the payee or holder that said check has been dishonored for lack or
insufficiency of funds shall be prima facie evidence of deceit constituting
false pretense or fraudulent act.

13. Therefore, elements of Estafa by postdating a check are the

following:
(a) that a check is postdated and or issued in payment of an obligation
contracted at the time it is issued. (b) there is lack or insufficiency of funds
to cover the check (c)it resulted in damage to the payee thereof.
 
14.  In the instant case, all the foregoing elements are present. The
deceit was the efficient cause of the defraudation, and was simultaneous
with the act of the fraud.
 
Berta Batumbakal misrepresented and falsely pretended that checks
issued were sufficient to pay the amount of cash I gave her. Despite of the
notice and all demands made, he failed to deposit the necessary amount
within 3days from receipt of the notice.

Berta Batumbakal failed to pay the value of the subject checks.

Although I received payment amounting to P360, 190.44 on May 22, 2020,
still such amount is not enough to cover the amount of the two checks. Thus,
causing damage on my part.

15. I am filing this affidavit to support my complaint against BERTA

BATUMBAKAL for violation of Article 315 paragraph 2(d) of the Revised
Penal Code and for whatever legal purposes that this may serve.

In   witness   whereof, I   hereby   set   my   hand   this   February   18,

2020   in Diffun, Quirino, Philippines.
 

MAHAR LIKA
Complainant -  Affiant
    I.D. No.  21-1098765-04
     

 
SUBSCRIBED AND SWORN to before me this th day of ---- 2022 in the
City of Diffun, Quirino, Philippines. Affiant showing to me her above-cited  
I.D.   No.   and   I   hereby   certify   that   I   have   personally   examined  
the Affiant and that I am satisfied that she voluntarily executed and fully
understood the contents thereof.