REPUBLIC OF THE PHILIPPINES }

CITY OF ILOILO } S.S.

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COMPLAINT AFFIDAVIT

I, MERLYN PALOMAR FAMA, of legal age, Filipino, married,

with business and postal address at 210 Diversion Road Sambag Jaro Iloilo
City, after having been duly sworn to in accordance with law, hereby
accuses:

ROMEO “ONYOK” MIRADOR of legal age, married, Filipino,

and a resident of Don Tiburcio Street Janiuay Iloilo where summons and
notices may be served for 13 counts of violations of BP 22 and Estafa
committed as follows:

1.0 That, sometime on July 2016, Mr. Mirador went to office address
to order in the amount of P 1,000,000.00 (One million pesos) for
the rehabilitation and maintenance of her pawnshop as evidenced
by our contract of loan marked as Annex “A”..

2.0 That, on the same day, I lent her P 1,000,000.00 payable until
November 20, 2012.

3.0 That, on November 19, 2012, one day before the end of the
contract, Ms. Susana Santos issued a check payable to me which
is the subject of this case in the amount of P 1,000,000.00 dated
November 20, 2012 and numbered as No. 123456 herein marked
as Annex “B”.

4.0 That, on the date of the check I went to BPI-Quezon City to

encash the same and to my dismay,I was apprehended by the
drawee bank that they are dishonoring the check due to
insufficency of funds.

5.0 That, she defrauded me to part with my money when he issued a

check with insufficient funds. She issues checks knowing very
well that the same is worthless.

6.0 That, As such, I immediately notified the respondent, of the

dishonor and return of the said check and demanded from her
that she make good the said check within five days (5) days from
receipt thereof. A true and faithful machine reproduction of my
demand letter to her is hereto attached as Annex "C".

7.0 That, when the respondent failed to heed my demands, I endorsed

the said check to my legal counsel who immediately sent a
formal demand letter through registered mail with return card on
 November 30,2012, which was received by the respondent on
November 28, 2012. As of date however, Ms. Susana Santos has
unjustifiably ignored all these demands to pay the said account
and/or to redeem the said returned check. A true and faithful
machine reproduction of the formal demand letter and the return
receipt of the registered mail we sent to her are hereto attached
as Annex “D” and Annex “E”.

8.0 That, I am therefore executing this Complaint-Affidavit in support

of the charges for violation of BatasPambansa Bilang 22 against
the said Ms. Susana Ssantos, who may be served with subpoena
and other processes of this Honorable Office at her last known
address at No. 10Ipil- Ipil Street, Fairview, Quezon City,
Philippines.

That I am executing this affidavit to attest to the truth of the foregoing

facts for the purpose that the

IN WITNESS WHEREOF, I have hereunto set my hand this __ of February

2018 in Iloilo City, Philippines.

MERLYN PALOMAR FAMA

Complainant/ Affiant
PRC No._________________
Issued on ________________
Issued at Iloilo City, Philippines

SUBSCRIBED AND SWORN to before me this __ day of August 2018 in

Iloilo City, Philippines. I further certify that I have personally examined the
affiant and I am convinced that he understood and voluntarily executed his
affidavit.
ANNEX “A”
ANNEX “B”
ANNEX “C”
December 1, 2012

Susana Santos
No. 10 Ipil-Ipil Street,
Fairview Quezon City

Dear Ms. Santos,

I am writing with regard to the check no. 1236456 you issued last November 19, 2012 in
the amount of P 1,000,000.00 drawn against BPI- Quezon City. The check was
dishonored by the bank due to insufficiency of funds. o repay the same despite repeated
requests for payment by our us.

Unless payment of the above amount is received by us in full within ten (3) days of the
date of this letter, we will have no alternative but to exercise whatever rights and
remedies we have under the law to enforce such payment, including but not limited to
institution of legal proceedings against you to recover the above amount, together with
accrued interest and legal expenses.

Kindly govern yourself accordingly.

Yours truly,
Warren Cruz

ANNEX “D”
December ___, 2012
Ms. Susana Santos
# 10, Ipil- Ipil St.,
Fairview, Quezon City

Dear Ms. Santos,

This is to advise you that the check you issued with Check No. 123456
,datedNovember 20, 2012, drawn against BPI Bank – Quezon City Branch and
made payable to Warren Cruz in the amount of Php 1,000,000.00 (one million
pesos) has been dishonored for lack of funds.
I understand that despite repeated verbal demands from my client for the
payment of the value of the said check, you failed to positively respond on his
demands.
In view hereof, demand is hereby made for you to pay the full amount of
P 1,000,000.00 of the dishonored check or to make the necessary arrangement
from the bank for its full payment, in both instances within five (5) days from
notice hereof.This letter of Notice of Dishonor is pursuant to violation of Batas
Pambansa Blg. 22. If payment is not received within ten (5) days of receipt of this
notice, appropriate criminal proceedings will be made.

Please be guided accordingly.

Very Truly Yours,

Atty. Katrina Jean C.

Miranda
Counsel for Warren Cruz

ANNEX “E”