Republic of the Philippines} C I T Y O F D A V A O }s.s.
COMPLAINT AFFIDAVIT I, GEMMA DELA PEÑA-FERNANDEZ, of legal age, married, Filipino, and a resident of Gulf View Subdivision, Bago-Aplaya, Davao City, Philippines, after having been sworn to in accordance with law, do hereby depose and say THAT: 1.
Commented [B1]: Verify kung kani lang gihapon ang iyahang address
JOSEPH D. FERNANDEZ is my legal husband and we have two (2) children, namely: a. Joshua Jed D. Fernandez, born on March 15, 2000; and b. Fiona Bianca D. Fernandez, born on September 20, 2002. A copy of our marriage contract is hereto attached as ANNEX “A”;
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JOSEPH D. FERNANDEZ, is a government employee who works as a Market Master at Bankerohan Public Market, Davao City ;
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instituting this complaint against JOSEPH D. FERNANDEZ, for FALSIFICATION OF COMMERCIAL DOCUMENT as defined and penalized under Article 172 paragraph 1 in relation to Article 171 paragraph 2 of the Revised Penal code; I
am
On three different dates, my husband JOSEPH D. FERNANDEZ secured three different loans from One Network Bank and placed on the respective loan applications and the promissory notes, signatures which purport to be my signature and caused it to appear that I participated in securing the said loans and gave my marital consent to it, when in truth and in fact I had no knowledge and had not consented to the obtaining of the same.
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Commented [B2]: Hmm, not sure, pero basi pwede butangan ug annex e.g. payslip niya to show na government employee jud siya. :D
The acts complained of are more specifically described as follows: a. On April 19, 2007, JOSEPH D. FERNANDEZ secured a loan of Php 29,000.00 from One Network bank and placed on the loan application and the promissory note, signatures which purport to be my signature, thereby making it appear that I consented to the securing of the loan. A copy of the loan application and promissory note bearing the forged signatures are hereto attached as ANNEX “B” and ANNEX “ B-1” respectively; b. On April 28, 2008, he secured a second loan in the amount of Php 29,000.00 from One Network Bank, and again
Commented [B3]: Dili dapat private document, kay kung falsification of private documenting charge, kailangan I show na nag suffer si ya ug damage, falsification of commercial document nalang para 2 elements lang –making it appear that one participated in the act when in truth and in fact, the person did not participate thereto. Promissory note is a commercial document! Also, notice na ang original affidavit complaint is for falsification of commercial documents, somewhere down the line kay nahimo na siya ug private document.
placed on the loan application and promissory note, signatures which purport to be my signature, thereby making it appear that I participated in the securing of the aforestated loan. Attached hereto are copies of the loan application and the promissory note bearing the forged signatures as ANNEX “C” and “C-1” respectively; c. On April 22, 2009, he secured a third loan in the amount of Php 29,000.00 from One Network Bank and again placed on the loan application and promissory note, signatures purporting to be my own, so as to make it appear that I participated and gave my marital consent in obtaining the said loan. Attached hereto are copies of the loan application and promissory note bearing the forged signatures marked as ANNEX “D” and ANNEX “D-1” respectively; 6.
I only came to know of the existence of the aforestated loans when I inadvertently discovered the same when I asked for his pay slip from the City Hall;
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A copy of my identification card bearing my true signature and a copy bearing my specimen signatures are hereto attached as ANNEX “E” and ANNEX “F” respectively, to show that the signatures appearing on the loan applications and the promissory notes herein attached as ANNEXES “B”, “B -1”, “C”, “C-1”, “D” and “D-1” are all forgeries.
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That I am executing this affidavit to attest to the truth of the foregoing averments and for the purpose of criminally prosecuting JOSEPH D. FERNANDEZ for three counts of FALSIFICATION OF COMMERCIAL DOCUMENTS who could be served with summons at Market Master, Bankerohan, Davao City or Ilocano Village, Toril, Davao City.
IN WITNESS WHEREOF, I have hereunto affixed my signature this ___ day of _______, 2016 at Davao City, Philippines.
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GEMMA DELA PEÑA-FERNANDEZ Affiant
SUBSCRIBED AND SWORN to before me this ______________ at Davao City, Philippines. I C E R T I F Y that I have personally examined the affiant and I am satisfied that she voluntarily executed the foregoing affidavit complaint and read and understood the contents of the same.
Commented [B4]: Ask for a copy of these para ma attach – kay ang first lang ang naa kopya. Saying para ma 3 counts
Commented [B5]: Ask for a copy of these too and attach
Commented [B6]: Ipaphotocopy ang iyahang id bearing photo and true signature para mas naa weight and on a separate paper, mag butang siya ug at least 3 specimen signature.
Commented [B7]: Verify if mao gihapon ni ang address
