Republic of the Philippines )

In the City of Baguio )

AFFIDAVIT-COMPLAINT

I, ANA CRUZ, of legal age, married, Filipino citizen, and

with residence and postal address at #45 Padre Burgos,
Baguio City, (notice to be sent thru my counsel Atty. Mark
Fevy Ordinario at Room 01, Matatag Building, Upper Session
Road, Baguio City), after having sworn to in accordance with
law do hereby depose and state that:

1. I am filing a case for Violation of BP 22 against

MANUEL JACINTO and ESTAFA under paragraph
2(d). Article 315 of the Revised Penal Code and
ESTAFA under paragraph 2(a) Article 315 of the
Revised Penal Code against SIMON MANOLO, herein
after referred to as Respondents, who are of legal age,
Filipino citizens, and residents of 42 Trancoville,
Baguio City and 45 Brookside, Baguio City
respectively, for acts committed as follows:

a. On the first week of March 2020, LINDA

JACINTO, approached me together with
SIMON MANOLO and asked if I can loan the
former money in the amount of FIVE
HUNDRED THOUSAND PESOS (Php
500,000.00) plus an interest of 20.96%
amounting to a total of SIX HUNDRED FOUR
 THOUSAND EIGHT HUNDRED (Php
604,800.00). In consideration thereof, she
issued Wealth Bank Checks as follows:

Check No. Date Amount

0019178081 August 12, Php 50,400.00
2021
0019178082 September Php 50,400.00
12, 2021
0019178081 October 12, Php 50,400.00
2021
TOTAL Php 151, 200.00

b. Despite not in the business of lending, but

rather because LINDA JACINTO came to me
with a friend and neighbor, SIMON
MANOLO, and the former’s representations
that her checks are good, I lent her the said
amount as in fact both made representations
that LINDA JACINTO’s had good credit
standing and is very capable of paying me
back.

c. Due to LINDA JACINTO’s and SIMON

MANOLO’s assurances and commitments
that the said check is completely and duly
funded, and I could always encash or deposit
it with the drawee bank on the date thereon
indicated, and their collaborated assurances
that I shall surely be paid, so we executed a
 Loan Agreement. Attached hereto the Loan
Agreement as Annex “A” and made integral
part hereof.

d. However, when I tried to encashed the same

on October 15, 2021, the same was
dishonored for the reason of “CLOSED
ACCT”. Photocopy of the said checks and
“CLOSED ACCT” stamp are hereto attached
and marked as Annex “B”, B-1”, “C”, “C-
1”, “D” and “D-1” respectively, to form part
thereof.

e. After the bank dishonored the said check, I

immediately informed LINDA JACINTO of
the fact of dishonor with a demand for her to
make good the face value of the check, but
she refused and continued to refuse to do
the same.

f. Due to her failure to comply with verbal

demands, I sought the assistance of a lawyer
who erote a Notice of Dishonor and Demand
to LINDA JACINTO. Copy of the Notice of
Dishonor and Demand is hereto attached as
Annex “E” and made an integral part hereof.

g. Likewise, as further proof of the receipt of

the demand letter dated June 26, 2021 by a
certain CARLO JACINTO on the return card
by the Philippine Postal which is hereto
 attached as Annex “F” and made integral
part hereof.

h. Until the present date, LINDA JACINTO

refused to make good of the value of the
checks and worst, I could no longer get in
touch with her and SIMON MANOLO.

2. As a result of the unjust refusal or failure of the

respondent LINDA JACINTO to pay her obligation as
well as the assurance, promises, and representation of
both LINDA JACINTO and SIMON MANOLO, I
incurred Actual Damages in the amount of ONE
HUNDRED FIFTY-ONE THOUSAND TWO HUNDRED
PESOS (Php 151,200.00) covered by three (3)
checks including the principal, interest and the legal
expenses for the services of my counsel in the amount
of FOURTY THOUSAND PESOS (Php 40,000.00) as
herein evidenced by a CASE RETAINER CONTRACT
and hereto attached as Annex “G” and made an
integral part hereof, plus Moral Damages and
Exemplary Damages.

3. I am executing this Affidavit-Complaint to support the

filing of a complaint for the violation of BP 22 and
ESTAFA under paragraph 2(d), Article 315 of the
Revised Penal Code or any and all criminal case/s
consistent with all above stated premises against
LINDA JACINTO and ESTAFA under paragraph 2(a)
Article 315 of the Revised Penal Code SIMON
MANOLO. Likewise, I am executing this Affidavit-
 Complaint to attest to the truthfulness of the foregoing
statements and for all legal intents and purposes it
may serve.

IN WITNESS WHEREOF, I have hereunto set my hands

this 25th day of December 2021 at Baguio City, Philippines.

(Sgd)
ANA CRUZ
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this 25th

day of December 2021 at Baguio City, Philippines.