Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Third Judicial Region
Branch 3
Cabanatuan City, Nueva Ecija

Juan Dela Cruz

Complainant,

-Versus - Criminal Case No.

For violation of Batas Pambansa
Blg. 22 also known as “Anti-
Bouncing Check Law”and Estafa
under Revised Penal Code.

Juana Dela Cruz

Respondent,
x-------------------------------------x

COMPLAINT AFFIDAVIT
I, Juan Dela Cruz, of legal age, Filipino and resident of Cabanatuan City, Nueva Ecija, after
having been sworn to in accordance with law depose that:
1. I am the owner of the huge cement factory located at Cabanatuan City, Nueva Ecija.

2. I am filing formal complaints/criminal charges for violation of BP 22 and Estafa

against Juana Dela Cruz likewise of legal age, Filipino and resident of Cabanatuan
City, herein referred as the respondent.

3. That sometime on February 14, 2022 Ms. Juana Dela Cruz came to and bought 25
packs of cement from our business place located in Cabanatuan City and due to trust
since she is one of our biggest client I accept the postdated check as a payment for
the goods she bought and issued a receipt as a proof of our transaction. Receipt of
Transaction is hereto attached as ANNEX “A”.

4. That the respondent issued 4 separate postdated check subject of this case
amounting sum total of 400,000 to wit: postdated check issued by the respondent is
hereto attached as ANNEX “B” “C” “D” “E”.
Bank Amount Check No. Due Date
BDO Cabanatuan Branch 100,000.00 12345 February 21,2022
BDO Cabanatuan Branch 100,000.00 56789 February 21,2022
BDO Cabanatuan Branch 100,000.00 23456 February 21,2022
BDO Cabanatuan Branch 100,000.00 76543 February 21,2022

TOTAL: 400,000.00

5. That, on the date of the check I went to BDO Cabanatuan Branch to encash the same
and to my dismay, I was apprehended by the drawee bank that they are dishonoring
the check due to insufficiency of funds and the account is already closed. Return
Check Notice is hereto attached as ANNEX “F”.

6. That, she defrauded me to part with my money when he issued a check with
insufficient funds. She issues checks knowing very well that the same is worthless.

7. That, when the respondent failed to heed my demands, I endorsed the said check to
my legal counsel who immediately sent a formal demand letter through registered
mail. However, Ms. Juana Dela Cruz has unjustifiably ignored all these demands to
pay the said amount to redeem the said returned check. A formal demand letter is
hereto attached as Annex “G”.

8. That, I am therefore executing this Complaint-Affidavit in support of the charges for

violation of Batas Pambansa Blg. 22 and Estafa or swindling under Art. 315 of the
Revised Penal Code against the said Ms. Juana Dela Cruz, who may be served with
subpoena and other processes of this Honorable Office at her last known address at
Cabanatuan City, Nueva Ecija.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 29 th of January, 2013.

JUAN DELA CRUZ

Complainant/ Affiant
 PRAYER
WHEREFORE, the premises considered, plaintiff respectfully prays that after due hearing, judgment
be rendered as follows:

1. Ordering the respondent to jointly and severally pay the plaintiff the sum total amount of P
400,000.00, as unpaid goods bought by the respondent from the complainant with legal
interest from filing of this complaint until Full payment.
2. Plaintiff be awarded for the moral and exemplary damages cause by the inconvenience of
the respondent.
3. Costs of suit.

Plaintiff likewise prays for other relief just and equitable under the circumstances.

Cabanatuan City, February 22,2022

Juan Dela Cruz

Petitioner

ANG LAW OFFICE

Counsel for the Plaintiff
123 Del Pilar St. Brgy. Gen. Luna
Cabanatuan City, Nueva Ecija
Tel Nos. (044) 333 4444, (044) 777 8888
Ang@lawoffice.com

By:

Alliah Marie Chan

PTR NO. 7xxxxxx/01.05.2017/Nueva Ecija
IBP NO. 0xxxxxxx/01.06.2017/Nueva Ecija
MCLE Compliance No. VI-00xxxxx/08.08.14
Roll No. 6xxxx
Republic of the Philippines
Cabanatuan City : S.S
-----------------------------------------------X

VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING

THAT I JUAN DELA CRUZ, of legal age, Filipino and with permanent address in Cabanatuan City,
after having been sworn in accordance with law, depose and state:

1. I am the plaintiff in the above-entitled case;

2. I have caused the preparation and filing of this complaint the allegations of which are true
and correct of my own knowledge and/or based on available documents and records;
3. That, I have not commenced any other action or proceeding involving the same issue in the
supreme court, the Court of Appeals or any other court, tribunal agency;
4. That, to the best of my our knowledge, no similar proceeding is pending in the supreme
court, the court of appeals, any other court of appeals or any other court, tribunal agency.
5. If learn thereafter that a similar action or proceeding has been filed or is pending before the
supreme, the Court of Appeals or any other Tribunal or agency, we undertake to report the
fact within five (5) days thereform to the court or agency wherein the original pleading and
sworn certification contemplated here have been filed;
6. This certification in compliance with the requirement prescribed in the Revised Circular No.
23-94 dated February 8, 1994, effective June 1,1994 issued by the Supreme Court.

WITNESS OUR HANDS AND SIGNATURES, this day of , 2022.

JUAN DELA CRUZ

Plaintiff

SUBCRIBED AND SWORN to before me this day of , 2022.

Doc No.
Page No.
Book No.
Series of 2022
 ANNEX “A”
February 14, 2022

Acknowledgement Receipt

Received from Ms. Juana Dela Cruz of Cabanatuan City the

sum total amount of (P 400,000.00) as a Full Payment for the 25
sacks of cement she purchased from our store located at Cabanatuan
City thru Postdated check with the following details Check No.
12345,56789,23456,76543 amounting P100,000.00 each, all dated
in February 21, 2022.

Juan Dela Cruz Juana Dela Cruz

Principal Buyer
ANNEX “B”
ANNEX “C”
ANNEX “D”
ANNEX “E”
 ANNEX “F”

RETURN CHECK NOTICE

February 21, 2022

Juan Dela Cruz

Cabanatuan City, Nueva Ecija

Dear Sir:

I am writing to inform you that Check No. 12345.56789,23456,76543 all dated February
21, 2022 for the sum total amount of (P 400,000.00) made payable of Ms. Juana Dela Cruz
from your account has been returned from the bank due to insufficient funds and account
closed. It is imperative that you take steps to rectify the situation as soon as possible. Please
send
me a certified check for the original amount, including interest to cover the bank fee for a
returned check.

I have enclosed a copy of both the notice from the bank and a copy of your check. I will
return the original to you once your account is adjusted.

Sincerely,
BDO Cabanatuan Branch
 ANNEX “G”

February 22, 2022

Juana Dela Cruz

Cabanatuan City
Nueva Ecija

Dear Madam:

I regret to advise you that the postdated check you issued as a payment with Check
No. 12345,56789,23456,76543 all dated in February 21,2022 for the sum total of
P400,000 has been dishonored by the drawee bank(BDO Cabanatuan Branch) for
the reason: the account is already closed or insufficiency of fund.

Pursuant to the provision of Batas Pambansa No. 22 and crime of Estafa or

Swindling under Art. 315 of the Revised Penal Code, I would ask you to make
necessary action for the payment in full by the drawee bank of your check within
five (5) banking days after receipt of this notice. Otherwise, we will have no
alternative way but to exercise whatever rights and remedies we have under the law
to enforce such payment, including but not limited to institution of legal proceedings
against you to recover the above amount, together with accrued interest and legal
expenses.

Kindly govern yourself accordingly.

Yours truly,

JUAN DELA CRUZ