Affidavit-Complaint: Office of The City Prosecutor

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REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION OFFICE
OFFICE OF THE CITY PROSECUTOR
Cabanatuan City, Nueva Ecija

-______________________
Complainant,

- Versus - IS/NPS No.___________


FOR: ESTAFA

________________________
Respondents.
x-------------------x

AFFIDAVIT-COMPLAINT

I, _______________________of legal age, Filipino, married, and


Manager of ______________________ with office address at 2 ndFlr. JSN
Cabanatuan City, Nueva Ecijca, , on oath in accordance with law, hereby
depose and state ;

1. That I am the Manager of ___________________________ located


at, Cabanatuan City, Nueva Ecija duly registered with the Bureau of
Internal Revenue (BIR), where it could be served with noticesand
processes of this Offie, a copy of the Certification of Registration is
hereto attached as ANNEX “A”;

2. That I was duly authorized by said company


(________________________)to file appropriate criminal and civil
case against __________________, of legal age, Filipino, and
resident of Brgy__________________-, Cuyapo, Nueva Ecija and
_______________________, as well of legal age, Filipino, and
resident of Cabanatuan City for estafa and other possible related
case/s. Copy of the Board Secretary’s Certificate showing the
authority to do the same is hereto attached as ANNEX “B”;

3. That __________________ needed additional capital for his family.


Mr. ___________________ approached and convinced me to lend
him additional working capital. Out of trust and confidence of the
company to him, ___________________________. was convinced to
lend ___________________ together with his Co-maker
____________________amounting ofTHREE HUNDRED FIFTY
THOUSAND PESOS ( P350,000.00) on _____________ (copy of a
Promissory note is hereto attached as ANNEX “C”) ,which he
promised me to pay for within two (2) months only;

4. That after several days and months had passed, the said borrower
failed to pay his amortizations on their scheduled due dates, I
immediately informed ___________________ of said fact concerning
his obligation so that he could do something about it by just paying me
but he just ignored all my calls and texts thus, on December 12, 2016
I sent him Demand Letter ( copy of which are hereto attached as
ANNEX “C”) regarding his overdue obligation, but still he failed to
settle again his accounts;

5. That I refer this claim to the private Attorney and through my Legal
Counsel we sent him a formal demand letter dated January 31, 2017,
requesting him to immediately settle the said amount and he still failed
to act on it untilnow. Copy of said demand letter is hereto attached as
ANNEX “C”;

6. That ___________________’sand ______________________’s


action is a clear violation of the provisions of Article 315 par. 2 (d)
(Estafa) of the Revised Penal Code;
7. That I am executingthis affidavit to attest to all the facts above stated
and to request the Hon. City Prosecutor of Cabanatuan City for the
sake of fair play, truth, justice and righteousness that after due notice
and hearing, a resolution be issued charging ____________________
and ____________________________ in the appropriate court for
violation of Article 315 par. 2 (d) (ESTAFA) of the Revised Penal Code
and any appropriate charge/s which the Honorable City Prosecutor
may deem necessary under the circumstances.

IN WITNESS WHEREOF, I have here unto set my hand this


_______________, here at Cabanatuan City.

_________________
Affiant/Complainant

SUBSCRIBED AND SWORN to before me this


_____________________, here at Cabanatuan City

CERTIFICATION

I HEREBY CERTIFY that I personally examined the affiant and I am


satisfied that he voluntarily executed, read and fully understood the contents
of his affidavit.

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