Republic of the Philippines)

Marikina City )S.S.

COMPLAINT-AFFIDAVIT

I, IRMA C. MANALIGOD, of legal age, Filipino, and residing at Lot 5 Blk

27 Starlight St., Rancho Estate 3, Concepcion Dos, Marikina City after having
been duly sworn depose and say:

1) That I personally know the respondents in this case RB C. MANALIGOD

who is my nephew and his wife ARCEL MANALIGOD. RB’s father is my
brother. They are currently residing at Lot 2, Block 6, Gerona Street,
Vista Verde, Cainta, Rizal.

2) The summary of the important facts and the timeline are as follows:

a. We first designated RB as our legal representative in 2018 although it

was an informal set-up at first as we did not execute yet a Special Power of
Attorney that time. I had a Sukuzi Vitara purchased in the year 2015 which
was being paid under installment and had about 15-16 months amortizations
left when RB took over as our representative. Since I am frequently abroad, I
asked my nephew to keep the vehicle in his custody and to take charge of
paying the monthly amortization.

b. Thereafter in 2019, my husband Bernardo L. Manuyag and I purchased a

property from the developer AC Rockport Construction and Development
Corporation (developer). Considering that everything seemed to be going
well, and since we had full trust and confidence on my nephew, my husband
and I decided to designate RB as our attorney-in-fact who will represent us in
our transactions relative to the purchase of the property located at Unit 2, Lot
5, Block 57, Starlight Street, Rancho Estate 3, Concepcion Dos, Marikina City. A
copy of the Special Power of Attorney executed in favor of RB is attached
hereto as Annex “A” and a copy of the Contract to Sell with the developer is
attached as Annex “B”.

c. Our total loan payable with PBB was Php 5,400,000.00 and the monthly
amortization is Php 66,953.00. The arrangement was that we would remit
money through SBI Remit for the monthly amortization and expenses relative
to the purchase of the property, and in turn RB would claim the remittances
(through channels like Palawan and Cebuana); and be the one to make the
payments for us. A copy of the summary of remittances made is attached
hereto as Annex “C”, as proof that we have been remitting funds to RB.
Meanwhile, a copy of the loan agreement with PBB is attached as Annex “D”
and the Loan Release Manifold as Annex “D-1”.

Page 1 of 7
 d. In some instances, we would send or give the money to RB through
relatives or friends in the Philippines.

e. Since the property was purchased on loan with the Philippine Business
Bank (PBB), RB suggested that we authorize him to open and maintain a
deposit account with PBB, to which we agreed.

f. At the time that our loan was approved and thereafter released, RB had
in his possession roughly around Php 350,000.00 which we have earmarked
for the house and lot. Php 50,000.00 (which was included in 350k) was
supposedly paid as reservation fee to the developer, while Php 181,851.00
was for the transfer costs paid to the bank (as seen on Annex “D-1”). Since the
remainder was sufficient to cover the first month amortization, we told RB to
pay the first month amortization from the money we have already entrusted
to him. As to the balance, RB no longer made effort to report or account for
how the balance was spent. The only receipt he was able to provide was the
document submitted herein as Annex D-1.

g. My husband and I thought that our first monthly amortization was due
on 20 May 2019. However, it appears that it was only on 20 June 2019 that we
were first charged with the monthly amortization, and this meant that we had
an advance remittance to cover 1-month amortization, which RB did not tell
us.

h. Around September 2019, my husband and I encountered some financial

constraints and we were not able to timely remit sufficient funds for the
monthly amortization due for that month Eventually, we were able to remit
the money and paid the amortization albeit 20 days late in order to keep our
account updated. We asked RB to coordinate with the bank on the
consequences and the remedies available to us considering our late payment.

i. After allegedly talking to the bank officer, RB informed us that there

would be penalties for the 20 days late payment amounting to Php 52,575.00
or at Php 2,628.75 per day. A copy of the exchange of conversation between
my husband and RB regarding the “penalties” are attached hereto as Annex
“E”. Since we placed so much trust upon RB, we did not even think to question
this amount.

j. In order to keep the account updated, we sent Php 190,000.00 through

my husband’s aunt Editha Cetron. This amount was for two (2) months
(September - October 2019) amortization plus the Php 52,575.00 penalties.
The excess was intended for RB as sort of compensation for his efforts (abala).
A compilation of the screenshots showing the conversations between RB and
my husband are attached hereto as Annex”F” and series, as proof that RB
received the Php 190,000.00.
Page 2 of 7
 k. On November 11, 2019, I remitted money in the amount of 67,552.00
for house amortization but sent it to my niece Diana Manaligod. However, it
seems that RB failed to make the payment to the bank as intended. Base from
the record of my SBI remittance, I was able to send the money but there was
no equivalent reflection of payment in my bank statement.

l. On January 2020, we encountered some financial constraints again, and

was again 20 days late in paying the monthly amortization due. This time, RB
informed us that our penalties would be Php 43,000.00 monthly. Thus, for the
months of January 2020 to July 2020, we paid Php 66,953.00 as monthly
amortizations plus Php 43,000.00 penalties. Again, my husband and I did not
even any have any bad thoughts against RB or thought that something was
amiss. We just thought that it was our fault since we incurred delay in
payments.

m. Since we were charged with high penalties, I had to make a sacrifice to

ensure that the house would not be foreclosed. Thus, I gave my consent to sell
the Suzuki Vitara so that the proceeds thereof would be used to help defray
our delayed payments and penalties. I let RB handle the selling of the vehicle.
RB told us that the whole proceeds from selling the Suzuki Vitara was
consumed to cover penalties and other payables and obligations, and had no
excess. In fact he even told us that the proceeds from selling the vehicle was
short or kulang. We did not make any issue and just relied and trusted on
what RB told us and we told him we will work harder to make up for the
delayed payments and penalties.

n. However, by July 2020, it was already becoming very difficult for us to

pay roughly Php 110,000.00 monthly. I asked RB to talk to the bank officers to
ask for reconsideration and for possibility of reducing the penalties we had to
pay.

o. Later on, RB told us that he had good news. According to him, the bank
agreed to reduce the penalties to only Php 9,000.00 per month which we
would have to settle for twelve (12) months. Thinking that this would be a
huge relief for us, we did not complain and even thanked RB for his seemingly
best efforts to help us. Thus, from August 2020 to July 2021, we supposedly
paid the bank Php 66,953.00 plus Php 9,000.00 penalties (Php 76,000.00 in
total) and remitted more than enough amount to cover the Php 76,000.00.

p. After completely paying the penalties, we reverted back to paying Php

66,953.00 amortizations monthly from August 2021 - April 2022.

q. It was only in May 2022 that we again encountered a delay in payment.

We were able to pay the monthly amortization 9 days late. RB told us this time

Page 3 of 7
that the penalty would be Php 23,000.00. Thus, we remitted to him Php
77,292 plus Php 10,000 which we borrowed from my sister Carol Manaligod,
and another Php 3,000 which we borrowed from my nephew Daren
Manaligod just so we can raise more or less Php 90,000 to pay off and to cover
the amortization plus penalties and to keep our account updated. However, it
appears that only Php 68,092 was actually due to the bank. After paying all
amortizations due and the “penalties”, we were finally able to have some
peace of mind knowing that we have already settled all pending payments to
keep our account updated and in good standing.

r. Sometime around June 2022, I was able to talk to Joren who is the wife
of my other nephew Daren Manaligod. It was just a random chitchat and I just
randomly shared to her my woes because of the financial constraints we
encountered and the penalties we had to pay to the bank. I shared to her that
we had to pay penalties amounting to as high as Php 52,575, Php 43,000 for 7
months, 9,000 for 12 months and Php 23,000. Upon hearing this, Joren
expressed her confusion and disbelief and suggested that we clarify with RB
on the matter and to ask for the latest Statement of Account to check the
status of our loan.

s. I asked RB to request for a bank statement, and to send us a copy as

soon as possible to which he agreed. However, when we would follow up on
the requested document, RB would always have excuses for his failure to send
a copy. Eventually, after incessant prodding, RB’s wife Arcel Manaligod sent us
an edited document, a copy which is attached hereto as Annex “F”. Since the
document sent did not provide us with the information we needed, and since
there were already doubts on our part, we asked Joren to inquire with the
bank. However, the bank said that the information requested were
confidential. As instructed by the bank officers, we emailed an authorization
letter so that Joren can be given access to the information we were requesting.
A copy of the authorization is attached hereto as Annex “G”.

t. We were able to get a copy of the actual bank statement, copy of which
is attached hereto as Annex “H”. From this, we found out that the penalties
amounting to Php 52,575, Php 43,000 for 7 months, 9,000 for 12 months and
Php 23,000 were not true and appeared to have been made up by RB. A
perusal of the bank statement would show that the bank only charged
minimal penalties, the highest being Php 1,430.08 Thus, we were very
shocked to discover that we have been paying overly exaggerated penalties.

u. I returned to the Philippines on 07 September 2022. Since it was

already apparent that RB was not giving us true and accurate information, we
thought it best to investigate first before confronting RB. My first priority was
to set an appointment with the developer. To my surprise, I learned that the
Page 4 of 7
Php 50,000.00 reservation fee which we paid was returned to RB by the
developer. We were also made aware of the irregularities (“panloloko”) in
paying the downpayment to the developer. Instead of using this money to
reduce the payables to the developer, RB left unpaid balances with the
developer, even though we have sent him the funds to pay the developer.

v. We have confirmed this fact with the developer and they informed us
that out of the 12 postdated checks issued, only 2 of the checks were fully
paid, while 2 check was paid in cash. The subsequent payments RB made did
not match the money which we remitted to RB. One-month worth of payment
for the month of September 2020 was not made thereby leaving us with a
default of Php 147, 672 to the developer (which should have only been more
or less Php 50,000 only). The other checks were not paid. Yet all the while, RB
led us to believe that our accounts were updated and maintained in good
standing.

w. Moreover, after setting a conference (via viber) with the bank officers,
we discovered that the document forwarded to us by Arcel was not issued by
the bank and appears to have been edited just to be able to provide us with a
document. We have also confirmed that the penalties we paid were fictitious.

x. After our grim discoveries, we also heard from several people that RB
was spreading the false stories that we were not remitting the payments for
the house and that the property would be foreclosed or according to his term
“mashe-sheriff na”. A screenshot as proof is attached hereto as Annex “H”.

y. I tried reaching out to RB to hear his explanation but he refused to meet

with me. I also tried to reach out to RB’s mother (the screenshot of my
conversation with Babylinda Cruz is attached hereto as Annex “I” and series)
but she also did not help us. Left with no other recourse, I was constrained to
seek legal advice and was told to try to exhaust all avenues for amicable
settlement. Thus, we sent a letter to RB a copy of which is attached hereto as
Annex “I”. However, RB ignored the letter and did not take any action, nor did
he extend efforts to explain or clarify.

z. Realizing that enough is enough, and considering all the chances we

extended to RB, I have no other choice but to file this instant complaint.

3) All the while, my husband and I were confident and complacent that RB
was acting in our best interests and that all was going well as to the
payment of the property we purchased. We were under the impression
that our payments were being timely made and that we were updated
with our payment schedule. Moreover, we let RB occupy and use our
house free of charge. Thus, we could not fathom how RB was able to
deceive us the way he did.
Page 5 of 7
4) nagtatrabaho pero nagkaron sya ng negosyo na mamahalin aso (selling
breeds of Husky) at nakapag bitaw ng salita na nagpa-plano na din
silang kumuha ng sariling bahay.

5) When our relatives came to know about what happened, they tried to
intervene and to resolve the dispute. However, it only seemed to have
worsened. Sometime September 2022 my brother Dennis Cariñ o called
my husband Bernardo to catch up and also to get an update on the
matter concerning RB. According to my brother, RB admitted that he
indeed misappropriated portions of the money we entrusted to him.
However, RB was justifying his acts saying that whatever he
misappropriated, it was only to serve as his commission for his efforts
(“abala at pagod”).

6) It is thus glaringly apparent that RB misappropriated portions of the

money we remitted and failed to utilize it for the purpose for which it
was entrusted to him.

7) I also admit that I am not highly educated and RB seemed to have taken
advantage of this fact. It seems that RB would claim the remittances we
sent to him. What he would do was to deposit the money claimed to the
bank account that we authorized him to open and maintain. Thereafter,
he would send us the picture of the deposit claim which he told us were
the receipts for the payments he made, but he would later on withdraw
the money again. This was his scheme to make us believe that the
payments were being, although in reality, there were funds that were
misappropriated or are missing and unaccounted for. RB not only took
advantage of our blood relationship, he also took advantage of my lack
of proper education to deceive us.

8) In totality, the respondents’ deceitful and unlawful acts in and conduct

in different and multiple instances caused me pecuniary damages
amounting to Php 1,876,852.28 Aside from that, I suffered anxiety,
sleepless nights and incurred expenses and damages so far amounting
to Php 50,000.00 (as of date) to properly litigate this matter to protect
my rights and interests.

9) Despite best efforts to try to settle the matter amicably, and despite
receiving the demand letter, respondent took no action even after the
lapse of reasonable and sufficient time.

10) We were advised by counsel that the multiple acts of deception

committed by the respondents constitute Estafa punishable under the
Revised Penal Code of the Philippines, for which they must be held
criminally liable. Likewise, respondents must be held liable to pay

Page 6 of 7
 damages for causing damage to my business and for causing me anxiety,
wounded feelings and sleepless nights.

11) That I am executing this Complaint-Affidavit to attest to the truth of the

foregoing facts and to charge RB and Arcel Manaligod for Estafa
punishable under the Revised Penal Code.

Affiant further sayeth naught.

IRMA C. MANALIGOD and BERNARDO L. MANUYAG

Affiants

JURAT AND CERTIFICATION

SUBSCRIBED AND SWORN TO BEFORE ME this _______________ at

_____________ and this is to certify that I personally examined the affiants and
that I am satisfied that she voluntarily understood and executed the contents
of her Complaint-Affidavit.

___________________________________
Administering Officer

Page 7 of 7