REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
QUEZON CITY

VINCENT THOMAS PANTALEON

Complainant,
I.S. No.
-versus- _________________________
For: Violation of Art. 315(1)(b)
(Estafa)
__________________________
Respondents.

JOINT COMPLAINT-AFFIDAVIT

The undersigned Complainant, is of legal age, Filipino and with residence

address at, _______________________________________, after having been
duly sworn in accordance with law, do hereby depose and state that:

1. This complaint is being filed to hold into account the Respondent,

with the commission of fraud in pretending to perform during the Complainant’s
wedding and for malicious failure to return the compensation received resulting to
humiliation and deprivation of hard-earned money to the prejudice of herein
Complainant who are placed in a position without any recourse of getting the
payment made returned;

2. Respondent is of legal age, Filipino and with residence address at,

_______________________________________.

NATURE OF THE CHARGES

3. Complainant charge Respondent with the violation of Article 316(5)

of the Revised Penal Code;

4. The violation arose out of the fraudulent acts of Respondents who,

was hired as a wedding singer and agreed to perform during the Complainant’s
wedding and maliciously failed to return the payment received prior to the
wedding through bank transfer, when the Respondent failed to show up and
perform during the wedding day without any notification or valid excuse;

5. Complainant is placed in a position where he felt humiliated to his

guests, having no wedding singers to entertain them during his wedding day and
is victimize of the Respondent’s scam where he gains money from clients and
without any reason, fails to perform on the agreed date;

THE FACTS

6. The Complainant together with his fiancée/wife saw the

Respondent performed in a gig in Quezon City;
 JOINT COMPLAINT-AFFIDAVIT
Spouses Lugue vs. Runas, et al.
Page 2 of 4

7. Complainant’s fiancée/wife was impressed and enjoyed the

performance of the Respondent which led them to talk to inquire;

7.1. The Complainant informed the respondent of the date, time,

place of the wedding and made an offer to pay him this if he agreed to
perform in their wedding day;

8. At first, the Respondent was acting like he was not interested to

accept the offer of the Complainant, but made a counter offer and said that he is
willing to perform for this amount and if full payment can be made on or before
________________;

8.1. The Complainant without any issues agreed to the terms of

the Respondent and to the latter’s delight, immediately acknowledged that
they will perform once the payment was made;

9. On ________________, which was the day before the due date of

payment. The Complainant transferred the full payment to Respondent’s bank
account;

Attached is a copy of the online bank transfer marked as

ANNEXEX “A”;

10. The respondent then sent a message to the complainant

acknowledging the receipt of full payment on _______________ and confirming
the date, time, and place of the wedding to the Complainant;

Attached is a copy of the acknowledgement receipt marked as

ANNEXEX “B”;

11. Two weeks prior to the wedding day, the Complainant reminded the
Respondent of the time, place and date of the wedding by sending the
Respondent a message, which the Respondent confirmed;

11.1. Two days before the wedding day, the Complainant sent another
message to the Respondent wanting to confirm their appearance
on the said date to which the Respondent confirmed and showed
no sign or issues of not appearing on the wedding;

Attached is a copy of the messages of the Complainant sent to the

Respondent marked as ANNEXEX “C”;

12. On _________________, the Respondent failed to appear and sent

zero message as to why he did come on the agreed date;

13. Day after the wedding, the Complainant sent a message to the
Respondent asking why he did not appear during the wedding, ti which the
Respondent did not reply;
 JOINT COMPLAINT-AFFIDAVIT
Spouses Lugue vs. Runas, et al.
Page 3 of 4

13.1. After hours spent waiting for the Respondent to reply, the
Complainant was a bit worried and called the Respondent’s number
to which the latter did not answer;

13.2. Few days later, after the Complainant repeatedly calling the
Respondent, the Respondent answered and told the Complainant
that he will not return the payment made as he intended to perform
but due to his mother’s sickness, he was not able to perform on the
said date;

13.3. On the same day when the Respondent answered the call of the
Complainant, the friends of the Complainant gave him a link
showing bad reviews of the Respondent where the latter failed to
perform and appear on occasions they were hired for;

Attached is a copy of the Respondent’s bad review marked as ANNEXEX “D”;

14. Based on the bad reviews of the Respondent, the Complainant felt
that he fell victim to the Respondent’s repetitive acts of collecting clients then
assuring them of his performance only to not appear on the agreed date and
never to return their payment;

15. Complainant deems it proper to file a case against Respondent as

it is evident that Respondent, through fraudulent acts of accepting money from
clients to perform and maliciously refuse to return the payment made after he
failed to perform on the agreed date. This left the Complainant with no other
recourse to compensate the humiliation of having no wedding singer to entertain
his guests and to recover his hard-earned money paid to the Respondents non-
performance;

16. Complainants are executing this affidavit to attest to the truth of the
foregoing facts and for the purpose of prosecuting ________________________
for violation of the provisions of Article 316(5) (Other forms of swindling) of the
Revised Penal Code of the Philippines.

Affiants further sayeth naught.

WHEREFORE, Complainants hereunto affixed their signature this

_____________________ in the Quezon City, Philippines.

VINCENT THOMAS PANTALEON

 JOINT COMPLAINT-AFFIDAVIT
Spouses Lugue vs. Runas, et al.
Page 4 of 4

Affiant

SUBSCRIBED AND SWORN to before me this __ day of ____

2022 in the QUEZON CITY, Philippines. Further, I certify that I have
personally examined the affiant and that I am fully satisfied that he
voluntarily executed and understood the content of his complaint-
affidavit.

ASSISTANT CITY PROSECUTOR