Complaint Affidavit
Complaint Affidavit
Complaint Affidavit
c
c
p
That I,
, of legal age, married, Filipino and a resident
of c/o South Bank, Kauswagan Branch, Cagayan de Oro City, after having been
duly sworn to according to law hereby depose and say:
1.? That I am the Loan Manager of South Bank, Kauswagan Branch, Cagayan
de Oro City. I am executing this affidavit in behalf of South Bank, being
the complainant herein.
2.? In behalf of the said Rural Bank, I am filing a formal complaint for Estafa
thru Falsification of Public Document and /or thru Forgery against
respondent Apipa G. Guro [hereinafter ´Respondentµ], a resident of
Vamenta, Carmen, Cagayan de Oro City .
3.? On October 31, 2007, Respondent using the name of, and misrepresenting
herself to be Doña Añiqa Macarambon-Bacsarpa, submitted a loan
application, purportedly signed by the Spouses, by forging their signatures
with South Bank, Kauswagan Branch, Cagayan de Oro City amounting to !
PhP 5,000,000.00.
4.? As security for the payment of the said loan, Respondent submitted as
collateral thereof a parcel of land described in TCT No. T-178439 1 and
executed a Real Estate Mortgage over the said land in favor of South Bank.
2
evidenced by a manager·s check issued by the bank and withdrawn by the
Respondent. 3 Photocopy of the said check is hereto attached as Annex C
hereof;
6.? On January 6, 2007, South Bank found out that respondent falsified and/or
forged the above mentioned documents. It also found out that Respondent
misrepresented herself to be Doña Añiqa Macarambon-Bacsarpa when in
truth and in fact the former, as found by the bank, is Apipa G. Guro. 4
Respondent·s real identity was discovered by the bank when one of it·s
employees identified her as an acquaintance as they live in the same
barangay and is personally known to her;
7.? Respondent·s unlawful acts were discovered by the bank when the latter
tried to collect from the Spouses Bacsarpas who refused to pay on the
ground that they did not apply for a loan, much less mortgage the land
covered by subject land title in favor of South Bank;
? South Bank spent PhP 30,000.00 for attorney·s fees for filing the complaint
affidavit .?
?
10.? That I am executing this affidavit for and behalf of the South
Bank, Kauswagan, Cagayan de Oro City, being the Loan Manager thereof,
to file a formal complaint of Estafa through Falsification of Public
Documents and/or through Forgery against Apipa Guro.
üÔ
IN WITNESS WHEREOF, I have hereunto affixed my signature for and in
behalf of the complainant South Bank Kauswagan, Cagayan de Oro City this 8th
day of December 2009, at Cagayan de Oro City.
"
$ ###
SUBSCRIBED and SWORN to before me this 8th day of December, 2009, at
Cagayan de Oro City. I hereby certify that I have personally examined the above-
named affiant and that I am satisfied that the foregoing statements were given by
him voluntarily and of his own free will.
Associate Prosecution Attorney II