REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
QUEZON CITY

Name
                              Complainant,
N.P.S. No. ____________________
-versus- For: Violation of B.P. 22

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

COMPLAINT – AFFIDAVIT

I, NAME, of legal age, Filipino and a resident of 4B Baluyot St. Brgy. Kruz
na Ligas, Quezon City, after being duly sworn in accordance with law, do hereby
depose and state that:

1. For purposes of these proceedings, I may be served with notices, papers, or

other processes at _________________________________________.

(or through my counsel, law firm name, at ______________________.

Attached and made an integral part of this Complaint-Affidavit is a Special
Power of Attorney marked as Annex “A.”)

2. The Respondents are the owners and authorized representatives of a sole

proprietorship named ABC Seafood Products with office address at
_______________

3. Sometime in _________, Respondent messaged me asking for a loan

accommodation to finance her business. She asked for _______
(P500,000.00).

a. Attached and made an integral part of this Complaint-Affidavit is the

copy of the conversations between me and Respondent marked as
Annex “B.”

4. On ______________, I decided to lend them Five Hundred Thousand Pesos

(P500,000.00) by issuing a check under the name of Respondent with an
agreement that the said amount must be returned to me after one month or
on _____________ with interest amounting to Five Hundred Thirty
Thousand Pesos (P530,000.00).

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5. On the same date, the said Respondents issued in my favor a BDO Check
under the Account Name of ABC SEAFOOD PRODUCTS with Check No.
___________ dated __________ in the amount of Five Hundred Thirty
Thousand Pesos (P530,000.00) as supposed payment for the loan
accommodation which I have extended to them.

6. The said check is drawn against the account of the said Respondents at BDO
with Account No. _____________.

7. For the record, ABC SEAFOOD PRODUCTS is the company owned by the
Respondents which is registered under the Department of Trade and Industry
with Certificate No. ________. The said business is registered under the
name of _______________.

a. Attached and made an integral part of this Complaint-Affidavit is a

copy of the BNRS Portal of DTI marked as Annex “C.”

8. At the time the said Respondents issued and delivered the said check to me,
they made the assurance and representation that the said check is a good
check and would be covered by sufficient funds when
presented for payment;

9. However, when the above-mentioned check was deposited sometime in

_________, the same was dishonored and returned by the bank on the
ground that the same was drawn against a “CLOSED ACCOUNT”.

a. Attached and made an integral part of this Complaint-Affidavit is the

copy of the BDO Check with Check No. ___________ marked as
Annex “D.”

10.As such, I immediately notified said Respondents through facebook

messenger of the dishonor and return of the said check and demanded from
them that they make good the said check immediately.

11. On______________, Respondent messaged me through Facebook

Messenger where she told me to patiently wait because they will certainly
return the money they borrowed. She also told me that she was having
difficulties in their business, but she assured that they will pay little by little.

12.On the same date, I replied to her messages suggesting her to sell any of her
properties in order to pay her obligations and also justifying that I have no
responsibility whatsoever in her business decisions and what is only
important to me is that they make good in their monetary obligations.

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 a. Attached and made an integral part of this Complaint-Affidavit is the
copy of the conversation between me and Respondent marked as
Annex “E.”

13.On ___________, my present counsel, name of law firm, sent a first demand
letter addressed to Respondents at ABC Seafood Product’s address at
_______________________to make good on their obligation immediately.
a. Attached and made an integral part of this Complaint-Affidavit is the
copy of the first demand letter issued by my counsel as well as its
corresponding LBC Registry Receipt with Tracking No. ________
marked as Annex “F.”

14.Upon checking the website of LBC (LBCExpress.com) to track the status of

the abovementioned mail, it stated that it was delivered and released on
_____________ to an authorized representative named ___________.
a. Attached and made an integral part of this Complaint-Affidavit is the
copy of the LBC Track & Trace of Registry Receipt Tracking No.
___________ marked as Annex “G.”

15.After seven (7) days from sending the demand letter dated _________, there
was no response from Respondents.

16.On ______, my counsel sent a second demand letter addressed to

Respondents at ABC Seafood Product’s address to serve as the final demand
to settle their obligations immediately.

a. Attached and made an integral part of this Complaint-Affidavit is the

copy of the second and final demand letter issued by my counsel as
well as its corresponding LBC Registry Receipt with Tracking No.
____________ marked as Annex “H.”

17.Upon checking LBCExpress.com again to track the status of the second

demand letter, it stated that it was delivered and released on _________ to
an authorized representative named _____________.
a. Attached and made an integral part of this Complaint-Affidavit is the
copy of the LBC Track & Trace of Registry Receipt Tracking No.
___________ marked as Annex “I.”

18.As of date however, Respondents has unjustifiably ignored all these

demands to pay the said account and/or to redeem the said returned check.

19.Hence, this Complaint-Affidavit is being filed.

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 20.I was advised by my counsel that the elements of Batas Pambansa Blg. 22
(BP 22), as stated in the case of Campos vs. People1, are:

“To be liable for violation of B.P. 22, the following

essential elements must be present: (1) the making,
drawing, and issuance of any check to apply for account or
for value; (2) the knowledge of the maker, drawer, or
issuer that at the time of issue he does not have sufficient
funds in or credit with the drawee bank for the payment of
the check in full upon its presentment; and (3) the
subsequent dishonor of the check by the drawee bank for
insufficiency of funds or creditor dishonor for the same
reason had not the drawer, without any valid cause,
ordered the bank to stop payment.”

21.I was also informed by my counsel that in Chua vs. People2, the Supreme
Court explained the presumption under Section 2 of B.P. 22 to prove the
second element, to wit:
“Of the three (3) elements, the second element is the
hardest to prove as it involves a state of mind. Thus,
Section 2 of BP 22 creates a presumption of knowledge
of insufficiency of funds, which, however, arises only
after it is proved that the issuer had received a written
notice of dishonor and that within five days from receipt
thereof, he failed to pay the amount of the check or to
make arrangements for its payment.”
22.Based on the foregoing, the Respondents should be held liable for violation
of BP 22 as the abovementioned elements are all present, to wit:
First, Respondents issued a company check;
Second, Respondents had a knowledge of insufficiency of funds based
on their failure to pay the amount despite the lapse of five banking days
from the receipt of the notice of dishonor; and
Lastly, the check was dishonored by the drawee bank for being drawn
against an account closed.
23.Also, my counsel advised me that in the case of Raffy Brodeth and Rolan
Onal vs. People of the Philippines and Abraham G. Villegas 3, the Supreme
Court held that a criminal case for violation of B.P. Blg. 22 may be filed in
any of the places where any of its elements occurred - in particular, the place
where the check is drawn, issued, delivered, or dishonored.

1
G.R. No. 187401, 17 September 2014.
2
G.R. No. 196853, 13 July 2015.
3
G.R. No. 197849, 29 November 2017
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 24.In this case, the check was dishonored when I deposited it in Banco De Oro
Maginhawa branch, Quezon City.

25.Guided by the foregoing pronouncement, there is no denying that the court

of the place where the check was deposited or presented for encashment can
be vested with jurisdiction to try cases involving violations of B.P. Blg.
22. In this case, the place where the check was deposited was in Quezon
City.

27.1. Attached and made an integral part of this

Complaint-Affidavit is the copy of the receipt from
BDO Maginhawa Branch marked as Annex “J.”

26.I am therefore executing this Complaint-Affidavit to attest to the truth of the

foregoing, to furnish a basis for the filing of a case for the violation of B.P.
Blg. 22 against respondent and for claiming a total of P530,000.00 as actual
damages, exclusive of interests and penalties and P150,000.00 as attorney’s
fees and costs.

Affiant

SUBSCRIBED AND SWORN to before me this _____________ at

_____________. I hereby certify that I have examined the Affiant and that I am
fully satisfied that she has voluntarily executed and understood the contents of her
Complaint-Affidavit.

_______________________
Assisting Prosecutor