REPUBLIC OF THE PHILIPPINES

National Prosecution Service

OFFICE OF THE CITY PROSECUTOR
Tuguegarao City, Cagayan

MONIQUE BACCAY
Complainant,
I.S. No. 123456789
- versus - For: Estafa under the Revised Penal
Code

LORRAINE MALANA
Respondent

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COMPLAINT-AFFIDAVIT

Complainant, after having been duly sworn in accordance with law, hereby
depose and state:

1. Complainant MONIQUE BACCAY is of legal age, single, Filipino, and who may be
served with notice and other process at No. 88, Purok Marupok, Gosi Norte.
Tuguegarao City;

2. Respondent LORRAINE MALANA may be served with notice and other process
at No. 12., Bassig St., Ugac Norte, Tuguegarao City;

3. This complaint is being filed to charge Respondent with ESTAFA, as defined and
penalized under Art. 315, paragraph 1 (b) of the Revised Penal Code, as
amended, involving the sum of FOUR HUNDRED FIFTY THOUSAND PESOS;

4. The facts antecedent to this complaint are as follows:

a. Complainant is buying and selling jewelry with a business stall at the

Mall of the Valley Market, Tuguegarao City. She has personally
operated her business since October 10, 2008.
b. Respondent is an agent of Complainant in the jewelry business since
January 2018.

c. Complainant allows Respondent to sell her jewelries and het 10%

commission for it under a contract;

d. On June 10, 2021, Respondent took one pair of diamond earrings, a

ruby ring and a necklace with a diamond encrusted cross pendant
from complainant’s jewelry store;

e. The said transaction has a transaction receipt signed by the

Respondent amounting to Four Hundred Fifty Thousand Pesos
(Php450,00.00);

f. Respondent was expected to return the jewelries or proceeds of her

transaction until August 10, 2021 as agreed upon;

g. On August 12, 2021, Complainant made a demand to Respondent

through text messages, to settle said amount but Respondent did
not reply;

h. The Complainant went to the house of the Respondent on August

20, 2021 to demand the Respondent for her payment but was
informed by the sister of the Respondent that she left for Manila on
August 18, 2021;

i. After several communications made, could not anymore be reached

through her mobile phone. A proper notifications and demand for
payment or return for the jewelries that he she took from the
Complainant’s jewelry store were sent to the Respondent. Copy of
the latest demand letter dated September 30, 2022 is hereto
attached and marked as Annex “B” hereof;

j. In spite of the successive demand letter sent, Respondent failed and

pay or return for the jewelries that he she took from the
Complainant’s jewelry store. Filing of this case was even suspended
for almost several times already just to give her the ample time and
opportunity to settle his obligations in full, but the same served
futile;

k. I am executing this affidavit to attest to the truth of the foregoing

facts and for the purpose of charging MS. LORRAINE MALANA for
Estafa under Article 315, paragraph 2(d) of the Revised Penal Code.
WHEREFORE, premises considered, it is respectfully prayed that after notice and
hearing the respondent be indicted for ESTAFA under Article 315, paragraph 2(d)
of the Revised Penal Code to protect/preserve the right/interest of the complainant
to recover his claim of FOUR HUNDRED FIFTY THOUSAND PESOS (PHP
450,000.00), plus exemplary damages of P10,000.00, moral damages of
P10,000.00, attorney’s fees of P25,000.00 plus 5% of the recoverable
amounts, and costs of suit.

Tuguegarao City, Cagayan, October 4, 2022

MONIQUE BACCAY
Complainant
Driver’s License No. B04-987623

Assisted by:

ATTY. SHERYLL ALETH B. VINOYA

Roll No. 100088
PTR No. 264399 Jan. 04, 2021
IBP No. 15374 Jan. 19, 2021
TIN: 288-886-690-000
Email: sheryllvinoya@gmail.com

SUBSCRIBED AND SWORN to before me this 4th day of October 2022,

affiant/complainant showing her official identification document as stated above.

Assistant Provincial Prosecutor

Republic of the Philippines

REGIONAL TRIAL COURT
Tuguegarao City, Cagayan
Branch 1

CRIMINAL CASE No: 12345678

 MONIQUE VINOYA,
Plaintiff

-versus- FOR:
ESTAFA
LORRAINE MALANA,
Accused
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JUDICIAL AFFIDAVIT

In lieu of the oral testimony in court of Ms. MONIQUE BACCAY, the

plaintiff of this case, her Judicial Affidavit is being offered pursuant to A.M.12-8-8-
SC, kwon as the Judicial Affidavit Rule for the following purposes, THUS:

1. She will testify in order to prove all the allegations in the Complaint
instituted by her;
2. To prove that the respondent defrauded him;
3. He will prove that the documents provided and annexed are
authentic.

PRELIMINARY STATEMENT

I, MONIQUE VINOYA, Filipino, of legal age, single, and a resident of No. 88,
Purok Marupok, Gosi Norte. Tuguegarao City, the complainant in this case, state
under oath as follow:

The person examining me is ATTY. SHERYLL ALETH B. VINOYA with law

office address of Second Floor, Ram’s Bldg., Rizal Street, Centro 1, Tuguegarao
City. My Judicial Affidavit is being taken at the above mentioned place in the
presence of Ramon Bosi Jr. and Sandie Allag. The questions are asked in the
English Language but are translated in the Tagalog dialect which I speak and fully
understand and I am giving my answers fully conscious that I do so under oath
and I am aware that I may face criminal liability for false testimony or perjury for
false statements made or given by me.

OFFER OF TESTIMONY
 The affidavit is being offered to prove that Defendant Ms. LORRAINE
MALANA defrauded Ms. MONIQUE BACCAY, the complainant in this case.

It is respectfully prayed that this Judicial Affidavit of Ms. MONIQUE BACCAY

be admitted as the direct examination of the witness in order to expedite the
proceeding.

DIRECT EXAMINATION QUESTIONS

1. Q: Ms. Witness, will you please tell the Honorable Court your name, age

and other personal circumstances?

A: I am Monique Baccay, 45 years old, a business woman and a resident

of No. 88, Purok Marupok, Gosi Norte. Tuguegarao City

2. Q: What is the nature of your business?

A: I am engaged in the buying and selling of jewelries.

3.Q: How long did you endeavor your business?

A: It started in October 10, 2008 sir.

4. Q: How do you know Lorraine Malana, the accused?

A: She is one of my agents in the jewelry business.

5.Q: Do you remember what transpired between you and the accused in the

afternoon of July 22, 2010?

A: We were having a chat in my house and discussing a business deal.

6.Q:What business deal did you agreed upon?

A:I agreed to allow her to act as an agent to sell my jewelries and get 10%

commission for it.

7. Q:What jewelries where taken from you?

A: One pair of Diamond earrings, lady’s ruby ring, a pair of emerald

Earring, lady’s diamond ring with small stones and a necklace with

A cross pendant.
8. Q:How much in total she owes you?

A: It was 10,000 php worth.

9. Q: Do you have a proof of the transaction?

A:Yes, a receipt signed by Rowena.

10. Q: Is this the receipt your talking about?

A: Yes, It is Sir.

11.Q:In this receipt whose signature is this?

A:It is the signature of my daughter Monica signed as a witness.

Motion: May I request this Honorable court to mark this receipt as Exhibit A

and the signature of Monica as Exhibit A-1

12.Q: Did you demand the payment of the said jewelries?

A:Yes, by oral and written demand.

13.Q: Why did you file a case now?

A: Since tried to give her a grace period but she went on hiding.

14.Q:What did the accused do?

A:She never returned the jewelries or paid the money even if I made

several demands to her and she hide.

15.Q: What happened to your business then?

A: It still continued despite the difficulties I still have the requirements to

Run my business.

16. Q:Is this your business requirements?

A:Yes sir.

Motion: May I request this Honorable court to mark this Mayors permit

as Exhibit B, The BIR tax declaration as Exhibit C and DTI Permit

as Exhibit D
17.Q:If the accused is now inside the court room, will you look around and

identify her?

A:That's her sir.( witness pointing to Rowena Ang)

18. Q:In connection to this case did your daughter executed a sworn

statement?

A: Yes, Sir.

19.Q: Is this the sworn statement of your daughter

A:Yes, Sir.

20. Q:In connection to this case do you remember having executed a sworn

statement?

A: Yes, Sir.

Motion: May I request this Honorable court to mark this sworn statement

as Exhibit E

21. Q:In connection to this case do you remember having executed a judicial

affidavit?

A: Yes, Sir.

22. Q:Is this the judicial affidavit?

A:Yes, Sir.

23.Q: Is this your signature on the affidavit?

A: Yes, Sir.

Manifestation: May I request this Honorable court a few words to ponder in

The act of the client by mere hiding this past 4 years constitutes an abuse of
confidence over my client. The mere fact that she run and hide from her obligation
shows that the trust entrusted by my client over her was violated
THAT WILL BE ALL FOR THE WITNESS YOUR HONOR

IN WITNESS WHEREOF, I have hereunto set my hand this day of 17 of December

2014, at Quezon City, Philippines.

LUISA CAPITANA

ATTESTATION CLAUSE
 I, ATTY JOVEN S BAUTISTA, hereby attest that I faithfully recorded the
questions propounded and the corresponding answers given by the witness LUISA
CAPITANA. I duly Interpreted the questions I asked in the tagalog dialect which the
witness understands and she provided the answers the best way she could which
were duly translated by me in the ENGLISH Language. I did not in any way coach
or taught or instruct the witness on how to answer or any other person or persons
then present or assisting the witness regarding the latter’s answers.

ATTY, JOVEN S BAUTISTA

Roll No. 51379-2006

IBP No. 808787-1/3/12
PTR No. 4128464- 1/3/12; Manila
MCLE Compliance III No. 0013601
Issued on April 22, 2014

SUBSCRIBED AND SWORN to before me this 17th day of December 2014

at Quezon City, Philippines

Administering Officer/Notary Public

ATTY. ROB S. BAYAN

Roll No. 54579-2006

IBP No. 808797-1/3/12
TR No. 4228364- 1/3/12;Manila
LE Compliance III No. 0013821
Issued on April 22, 2014