REPUBLIC OF THE PHILIPPINES)
IN THE CITY OF BAGUIO…………..)S.S.
AFFIDAVIT COMPLAINT
I, JENNICA C. SEGUNDO, Filipino, and of legal age, herein
represented by Atty. Anton Luis Avila with address at No. 20 Juniper
Building, Bonifacio Street, Baguio City, under oath declare and state that:
I am executing this affidavit to support my complaint for
VIOLATION OF BATAS PAMBANSA BILANG 22 or the ANTI-
BOUNCING CHECK LAW against RESPONDENT:
BRENDA VILLACORTA
who is of legal age, Filipino, who holds office at Unit. 23 Maharlika Bldg.,
Session Road, Baguio City where she may be served with summons and
other processes of the Honorable Office.
1. On August 15, 2017, the RESPONDENT issued a PROMISSORY
NOTE in favor of the COMPLAINANT, promising to pay the
PRINCIPAL AMOUNT of TWO MILLION FIVE HUNDRED
THOUSAND PESOS (P2,500,000.00) with INTEREST of TWELVE
PERCENT (12%) per annum.
2. On August 15, 2018, the PROMISSORY NOTE became due and
demandable.
3. On September 8, 2018, the RESPONDENT issued BPI CHECK with
Check No. 0029859 amounting to the PRINCIPAL AMOUNT and
INTEREST of TWO MILLION THREE HUNDRED THOUSAND
PESOS (P2,800,000.00) to the COMPLAINANT.
4. On September 10, 2018, the COMPLAINANT deposited the check in
her account at BPI Baguio Abanao Branch.
5. On September 11, 2018, the check was returned to the
COMPLAINANT in her residence address by the bank due to the fact
that the check was DISHONORED due to a “CLOSED ACCOUNT”.
1
6. On September 18, 2018, DARSA Law Firm, the legal counsel of the
COMPLAINANT, personally served and tendered the DEMAND
LETTER and NOTICE OF DISHONORED CHECK to the
RESPONDENT through its secretary, Katrina Reyes.
7. On the same date, the RESPONDENT refused to receive the
DEMAND LETTER and NOTICE OF DISHONORED CHECK.
8. On September 19, 2018, the DEMAND LETTER and NOTICE OF
DISHONORED CHECK was mailed to the RESPONDENT through
registered mail by KATRINA REYES.
9. On December 4, 2018, the COMPLAINANT sent the RESPONDENT
a final demand to settle her obligation else the COMPLAINANT will
institute a criminal action of VIOLATION OF BATAS PAMBANSA
BILANG 22 or the ANTI-BOUNCING CHECK LAW.
10.The actions of the respondent in issuing a check against a closed
account makes her liable for violation of BATAS PAMBANSA
BILANG 22 or the ANTI-BOUNCING CHECK LAW.
11.I am executing this affidavit to attest to the truth of the foregoing
allegations.
WITNESS MY HANDS this 6th of February, 2019 at Baguio City,
Philippines.
JENNICA C. SEGUNDO
Affiant
CERTIFICATION
SUBSCRIBED and sworn to before me in Baguio City on this 6 th day of
February 2019. This is to certify that I have personally examined the herein
affiant and that I am convinced that she freely and voluntarily executed the
foregoing and understood the same.
2
CITY PROSECUTOR