REPUBLIC OF THE PHILIPPINES DEPARTMENT OF JUSTICE OFFICE OF THE CITY PROSECUTOR CEBU CITY
JULITO CONDE, Complainant, IS No. 12345678 -versusEstafa (Art.315 Estafa (Art.315 RPC Deceit/Swindling ) & Violation of BP 22 EMILOU EVASCO, Defendant, x - - - - - - - - - - - - - - - - - - - - -x JUDICIAL AFFIDAVIT
I, JULITO CONDE, CONDE, Filipino, of legal age, single and a resident of # 3 ABC Street, Banilad, Cebu City, Philippines, The complainant in this case, state under oath as follows:
PRELIMINARY STATEMENT The Person examining me is Atty. Juan De la Cruz with address at # 1 ABC Street, Banilad, Cebu City Philippines. The examination is being held at the same address. I am answering his questions fully conscious that I do so under oath and may face criminal liability for false testimony and perjury.
PURPOSE: This Affidavit is being offered to prove that Defendant, EMILOU EVASCO issued several DISHONORED CHECKS to JULITO CONDE, the Complainant in this case.
It is respectfully prayed that this Judicial Affidavit of Mr. Julito Conde be admitted as the Direct Examination of the witness in order to expedite the proceedings.
DIRECT EXAMINATION QUESTIONS: 1.
Q: Mr. Witness, please state your name and other personal circumstances for the record A: I am Julito Conde, Filipino, 30 years old, Single, and a resident of # 3 ABC Street, Banilad, Cebu City. I am the proprietor of Julito’s Cement Factory.
2.
Q: Are you the same complainant in this case? A: Yes I am.
3.
Q: Do you know a certain Emilou Evasco? A: Yes I do.
4.
Q: How do you know her? A: She is a frequent buyer in my factory. She came into my office one day and ordered 10,000 sacks of cement for the construction of her new building. She talked to me personally and asked if she could just pay through check because she is very busy that day and can no longer give me the cash equivalent of the purchased cements. I agreed because I understood her situation because I am also a busy man.
5.
Q: When was this? Can you recall? A: Yes, this happened on March 20, 2015.
6.
Q: When she ordered for the 10,000 sacks of cement from you, how did she pay for it? A: As agreed, she issued a check.
7.
Q: What was the amount of the check that she issued? Can you recall? A: Yes. It was in the amount of Php1,200,000.00.
8.
Q: After she issued the check, what did you do next? If any? A: Well, I immediately delivered to her the 10,000 sacks of cement on that same day.
9.
Q: Now going back to the check, what was the name of the bank? Would you know what branch?
A: Yes. It was a Metrobank Check, A.S. Fortuna Branch. 10. Q: Showing to you a Metrobank check drawn attached as Annex “A”, can you confirm if this is the same check that Ms. Evasco issued to you? A: Yes, that is the one. Q: At that time that Ms. Evasco issued the check, was there anything else that she did, if any? A: Yes. She gave me the assurance that the check is good and that it will be covered by sufficient funds when presented for payment.
11.
Q: After Ms. Evasco issued the check, what did you do next? If any? A: I deposited the check to my account.
12.
Q: After you deposited the check, what happened next, if any? A: I was shocked when I was informed by my bank that the check Ms. Evasco issued bounced. The bank informed me that it was drawn against a “CLOSED ACCOUNT”.
13.
Q: Upon learning of the dishonoured check, what did you do next? If any? A: I immediately informed Ms. Evasco of the dishonoured check and I demanded from her that she make good the said check within 5 days.
14.
Q: You said that you made a demand, how did you do this? Was this oral or written? A: I called her first then I also sent a written demand.
15.
Q: Showing to you a demand letter, attached as Annex “B”, can you confirm if this is the same demand letter that you sent to Ms. Evasco? A: Yes that is the demand letter that I sent her.
16.
Q: After you sent the demand letter, what happened next? If any? A: She called my office, she apologized for the mishap, and she promised to deliver another check to cover the amount.
17.
Q: Was she able to deliver another check to cover amount? A: Yes. She delivered 2 checks this time.
18.
Q: 2 checks? Do you recall what bank? A: Yes 2 checks, each with the amount of Php600,000.00. It was with East West Bank
19.
20. Q: Showing to you two (2) East West Bank checks attached as Annexes “C” and “D” respectively; can you confirm if these are the same checks that Ms. Evasco delivered to you? A: Yes, those are the same ones. Q: After she delivered those 2 East West Bank checks, what did you do next? If any? A: I immediately deposited the same.
21.
Q: After you deposited the checks, what happened next? If any? A: Again, I got a call from the bank, this time informing me that both checks were returned for the reason that they were drawn against insufficient funds. I do not understand what that is because I am just a lowly businessman so I asked my lawyer what it meant.
22.
Q: After you learned that both checks bounced, what did you do next? If any? A: I personally tried to contact Ms. Evasco on her phone, but she refused to take my calls.
23.
Q: After she refused to take your calls, what did you do next? If any? A: I consulted with my Legal Counsel again.
24.
Q: After you consulted with your Legal Counsel, what happened next? If any? A: My Legal counsel sent a formal demand letter through registered mail with return card on March 26, 2015, which was received by the said Respondent on March 28, 2015.
25.
Q: Showing to you a demand letter, attached as Annex “E”, can you confirm if this is the same demand letter that your counsel sent to Ms. Evasco? A: Yes that is the demand letter that we sent her.
26.
Q: After Ms. Evasco received the demand letter, what happened next, if any? A: Nothing. She continues to ignore the demand to pay.
27.
Q: As of this time, has the amount of Php1,200,000.00 been paid? A: No. Ms. Evasco has not paid a single centavo for the 10,000 sacks of cement she ordered.
28.
IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of June 2015 at Cebu City, Philippines.
___________________ Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for Cebu City this 18th day of June 2015. Affiant personally came and appeared with Passport No. EC 1234567 issued by the Department of Foreign Affairs (DFA) on January 8, 2015 at Cebu City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument.
________________________ Notary Public
Doc. No.______; Page No. ______; Book No.______; Series of 2015.
I, ATTY. MA. LENY IGNALAGA, of legal age, Filipino, with postal address at #1 ABC Street, Banilad, Cebu City, after being duly sworn depose and say:
1.
I was the one who conducted the examination of witness, JULITO CONDE at my aforementioned office in # 1 ABC Street, Banilad, Cebu City;
2.
I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answers that the witness gave;
3.
I nor any other person then present or assisting her coached the witness regarding his answers;
IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of June 2015 at Cebu City.
ATTY. JUAN DE LA CRUZ Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for Cebu City this 18th day of June 2015. Affiant personally came and appeared with Passport No. EC 7654321 issued by the Department of Foreign Affairs (DFA) on January 28, 2015 at Cebu City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument.
________________________ Notary Public
Doc. No.______; Page No. ______; Book No.______; Series of 2015.
Group 1: Bartazan, Jay Rozen D. Cabacang, Belteshazzar Conde, Julito Cuyos, Jubert Ignalaga, Ma. Leny
