Complaint Affidavit

Republic Of The Philippines )
City Of Makati, Metro Manila ) S.S.
COMPLAINT-AFFIDAVIT
1, ISABELLE P CASPILLO, Filipino, single, of legal age, and

presenting residing at Brixton St., Kapitolyo, Pasig City, the duly authorized
representative of:
MAANN GO (otherwise known as the complaints) as shown by the
Special Power of Attorney dated May 15, 2022, attached in this complaint-
affidavit, after having been sworn to in accordance with law, do hereby depose
and state that:
1. We are filling the instant Complaint-Affidavit against:
MITCH SANTOS
For the crime of Estafa under Article 315, paragraph 2(d) of the
Revised Penal Code, to wit:
(d) By post-dating a check, or issuing such check in

payment of an obligation, the offender knowing that
at the time he had no funds in the bank, or the funds
deposited by him in the bank were not sufficient to
cover the amount of the check, and without
informing the payee of such circumstances.
1.01. They may be served process of this Honorable Court at

Caloocan City.
2. On November 15, 2021, the defendant sent a message to the plaintiff

to ask the plaintiff if the defendant could borrow Fifteen Million
Pesos (P15,000,000.00). The plaintiff, being a good friend, agreed
to lend the defendant the money. Then, on November 20, 2022, the
plaintiff and the defendant met in Dusit Thani Hotel in Makati to
sign the loan agreement. Under the loan agreement, the loan is due
and demandable on January 30, 2022.
3. The loan becomes due and demandable on January 30, 2022; hence,
the plaintiff went to the defendant’s house in Caloocan City to
collect the amount due. However, the defendant stated that she
cannot pay that day because her checks are not with her.
Furthermore, the defendant asked the plaintiff if she (the defendant)
could issue a postdated check because she cannot pay the said
amount immediately, the plaintiff agreed to the issuance of
postdated checks.
4. Later, or on February 1, 2022, the defendant went to the

Condominium Unit of the plaintiff in Makati City and by the
commission of fraud issued to the plaintiff a postdated check under
Banco de Oro (BDO) with Check No. 123456 dated February 15,
2022, pretending that the checks are sufficiently funded and would
be honored by the BDO.
5. The plaintiff, on February 16, 2022, deposited the check to her BDO
account but the same was dishonored due to “account closed”. The
plaintiff called the defendant to inform her, however, the call was
ignored.
6. On February 27, 2022, the counsel of the plaintiff personally sent a

Notice of Dishonor to the defendant in her residence in Caloocan
City, and the defendant, on the other hand, personally received the
same. The defendant continues to refuse to pay the amount, even
after the second Notice of Dishonor with a Demand to Pay on March
10, 2022
7. All the foregoing elements of the crime of Estafa are present in the
instant case:
A. There must be a false pretense, fraudulent acts, or fraudulent

means;
B. Such false pretense, fraudulent act, or fraudulent means must be
made or executed prior to or simultaneously with the commission
of the fraud;
C. The offended party must have relied on the false pretense,
fraudulent act, or fraudulent means and was thus induced to part
with his money or property; and
D. As a result, thereof, the offended party suffered damage.
8. It is therefore clear that Mitch Santos should be held liable for Estafa
under Article 315, paragraph 2(d) of the Revised Penal Code.
9. Mitch Santos should be held liable for the amount of Fifteen Million
Pesos (Php. 15,000,000.00), consisting of Actual Damages,
additional One Million Five Hundred Thousand Pesos (Php.
1,500,000.00) for Interest of ten (10) percent per annum. Nominal
and Exemplary Damages in the amount of One Million and
Attorney’s Fee in the amount of Five Hundred Thousand Pesos
(Php. 500,000)
10.There must be a false pretense, fraudulent acts, or fraudulent means;

IN WITNESS WHEREOF, I have signed this Affidavit this 21st day of May
2022 at the City of Makati.
ISABELLE P. CASPILLO
Representing:
MAANN GO
SUBSCRIBE AND SWORN TO BEFORE ME, this 21st May, 2022 at

City of Makati
Public Prosecutor.

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What is the nature of the complaint?

What happened when the plaintiff tried to collect the loan amount?

Republic Of The Philippines )

City Of Makati, Metro Manila ) S.S.

1, ISABELLE P CASPILLO, Filipino, single, of legal age, and

(d) By post-dating a check, or issuing such check in

1.01. They may be served process of this Honorable Court at

2. On November 15, 2021, the defendant sent a message to the plaintiff

4. Later, or on February 1, 2022, the defendant went to the

6. On February 27, 2022, the counsel of the plaintiff personally sent a

A. There must be a false pretense, fraudulent acts, or fraudulent

10.There must be a false pretense, fraudulent acts, or fraudulent means;

SUBSCRIBE AND SWORN TO BEFORE ME, this 21st May, 2022 at

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