I, , of legal age, Filipino, with postal address at c/o X
Trade, Inc., 23F, The Orient Square, Emerald Avenue, Ortigas Center, Pasig City, after being duly sworn in accordance with law, hereby depose and state that:
1. I am the President of X Trade, Inc. (“X”, for brevity), a corporation
duly organized and existing under Philippine laws with principal place of business at 23 F, The Orient Square, Ortigas Center, Pasig City;
2. One of my principal duties is to undertake and pursue collection
efforts with respect to the corporation’s delinquent accounts, including the filing and prosecution of the necessary criminal complaints against responsible persons connected with said accounts. For reference purposes, attached hereto is a copy of the Secretary’s Certificate of X evidencing such authority ( Annex “A”);
3. On 8 December 2007, (hereinafter referred to as the “respondent”)
applied for and was granted a loan by X in the principal amount of P 150,000.00, payable on or before 31 December 2007;
4. As payment for the loan obligation, respondent issued, signed and
delivered to X the following post-dated check:
Drawee Bank Check No. Date of Check Amount
Union Bank 00031245022 28 Dec. 2007 P150,000.00
( Alabang Town Center, Muntinlupa City)
For reference purposes, attached hereto as Annex “B” is a copy
of the above-mentioned check;
5. Upon presentment for payment of the said check at the drawee
bank (Union Bank) at its branch located at the Alabang Town Center, Alabang, Muntinlupa City, the check was dishonored/returned by the drawee bank (Union Bank) for the reason “Account Closed”;
6. Several demands were made by X upon respondent for the
payment of the face value of the said check. These demands were reiterated in the demand letter dated 13 July 2009 sent by the counsel of X to respondent. Despite receipt of the letter, respondent failed and refused, and still fails and refuses, to comply with the demand therein for the payment of the face value of the check within five (5) banking days from said receipt. A copy of the demand letter is hereto attached as Annex “C” for reference purposes. Likewise, attached hereto as Annex “C-1” is the Certification issued by the Philippine Postal Corporation (National Capital Region) attesting to the fact that the demand letter was received by an authorized representative of respondent;
7. Such failure or refusal of respondent to pay or make arrangements
for the settlement of the face value of the bounced check has resulted in manifest prejudice to, and damage of, X. Further, X was compelled to incur litigation and other related expenses as a result of respondent’s adamant failure to satisfy X’s plainly valid, just and demandable claim;
8. I am executing this complaint-affidavit in order that a criminal case
for violation of Batas Pambansa Blg. 22 and/or Estafa may be filed against respondent X R. CERTEZA for the purpose of recovering the face value of the above-mentioned check, plus the corresponding interest and penalty charges thereon, as well as any and all legal costs (including, but not limited to, attorney’s fees) which may have been incurred by X in connection with this account;
9. To the best of my knowledge and information, respondent X R.
CERTEZA may be served with notices and other processes of this Honorable Office at 801 Heart Tower, Valero St., Salcedo Village, Makati City.