REPUBLIC OF THE PHILIPPINES

OFFICE OF THE CITY PROSECUTOR

TAGUM CITY

SALOME S. LIM,

Complainant, CRIMINAL CASE. No. 3756

- versus - FOR: VIOLATION OF B.P. BLG. 22

CHRISTINE JOY I. TENORIO

Respondent.
x---------------------------------x

ANSWER

DEFENDANT, by the undersigned attorney and to this Honorable Office respectfully

avers that:

1. She admits paragraphs 1 and 2 with regards the names, residences and status

of the parties, but refutes portions of other paragraphs, for lack of adequate

knowledge to form as to the truth thereof.

2. She denies particularly paragraph four (4), claiming that the defendant after

notice of the dishonored check practically abandoned to fund it. Defendant,

through the internet replied dated May 17, 2013 stating that she was not able to

fund the said check due to the series of losses suffered by her business. As a

substitute, defendant will issue another check for the payment of the said loan.

Moreover, the defendant secured an offering of twenty thousand pesos (P20,

000.00) as a fractional payment for the loan accommodation obtained on April of

2013 but the complainant denied the same. Photocopy of said reply letter

attached as ANNEX “A”.

3. She rejects also the contention of the plaintiff that she employed deceit in the

issuance of a dishonored check. In the case of People of the Philippines vs. Lea

Sagan Juliano, the Supreme Court held that in failing to prove the element of

deceit by appellant, that prosecution failed to prove beyond reasonable doubt

that appellant is guilty of Estafa under Article 315, paragraph 2 (d), of the

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 Revised Penal Code. With that, the appellant did not constitute fraudulent acts

that caused damages to the complainant.

WHEREFORE, defendant respectfully prays that the complaint be dismissed due

to lack of merit, with costs against the complainant.

Tagum City, January 24, 2014

ATTY. KRISNA ATHENA KUTCHER

Counsel for the Defendant
Commission Serial No. 143
Until December 31, 2014
Roll of Attorney 70444
IBP No. 222 -08/21/13-Davao
PTR No. 123-08/30/13-Davao

VERIFICATION AND CERTIFICATION

I, CHRISTINE JOY I. TENORIO, of legal age, do hereby state that: I am the

defendant in the case filed by SALOME S. LIM for Estafa; in response, I have caused

the preparation of this Answer; I have read its contents and affirm that they are true and

correct to the best of my own personal knowledge; I specifically deny the genuineness

and due execution as well as the binding effect of the actionable documents presented

by complainant; I hereby certify that there is no other case commenced or pending

before any court involving the same parties and the same issue and that, should I learn

of such a case, I shall notify the court within five (5) days from my notice.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 24 th of

January 2014 at Tagum City, Philippines.

CHRISTINE JOY I. TENORIO

Affiant/Defendant

Passport No. 846-434-234

Issued on November 15, 2012
Davao City, Philippines

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 SUBSCRIBED AND SWORN to before me this January 24, 2014 in Tagum City,

Republic of the Philippines, affiant being personally known to me, and I certify that I

have personally examined the affiant and I am fully contented that she willfully and

spontaneously executed her affidavit and fully understood all contents thereof.

KRISNA ATHENA KUTCHER

Doc. No. 14; Notary Public

Page No. 3 ; Commission Serial No. 143
Book No. 1 ; Until December 31, 2014
Series of 2014. Roll of Attorney 70444
IBP No. 222 -08/21/13-Davao
PTR No. 123-08/30/13-Davao

EXPLANATION

Copy of the foregoing ANSWER was served to plaintiff’s counsel by registered

mail due to time and distance constraints and for lack of the undersigned’s staff who can

serve the same in person.

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ANNEX A

May 17, 2013

SALOME S. LIM,
Purok Bulaklak, Mirafuentes,
Tagum City, Philippines

Dear Ms. Lim:

I act contrite for the dishonor of said checks due to insufficient funds and

instability of my business. I am willing to issue another check for the said loan

amounting to Fifty Thousand Pesos (P50,000.00) during these days.

Truly yours,

CHRISTINE JOY I. TENORIO

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