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COMPLAINT AFFIDAVIT

I, ATTY. WINSTON CLARENCE O. GAYAPA, of legal age,


married, Filipino, a resident of 99 Marang Street, Project 2, Quezon
City, after having been duly sworn in accordance with law, hereby
deposed and state that:

1. I am filing a complaint for Estafa against RHODA MICLAT


AkA DANG or ODANG, who is herein after referred to as
Respondent , she is a resident of Barangay San Mateo,
Arayat, Pampanga, where she may be served with summons and
other court processes . The said criminal offense was committed
as follows:

2. Herein respondent was previously employed as our Housemaid


from the middle of year 2009 until she left for Arayat, Pampanga
on December 24, 2010 for her supposed Christmas vacation;

3. That before she left, she asked me if I have something to send to


my mother- in-law, MRS. NORMA A. SANTIAGO, who resides in
San Agustin Norte, Arayat, Pampanga;

4. That I informed respondent that I will just send the amount I will
give to my mother in-law through a private courier LBC but
she insisted that she delivered the money to the latter when she
will go home and she will return on the night of December 26,
2010;

5. Since respondent previously went home to their province on


several occasions and returned back on the date as she
promised and that she is known to my mother-in-law, I was
convinced by her on the morning of December 24, 2010 to
handed over to her the amount of Ten Thousand (Php.
10,000.00) Pesos to be given to my mother-in-law;

6. Before she went home, respondent pleaded and was ranted an


advance one (1) month salary in the amount of Three
Thousand (Php. 3,000.00) Pesos;

7. On December 26, 2010, respondent did not return to work for us


as and our effort to call through her cellular phone to inquire of
her whereabouts proved futile since she would turn-off her
cellularphone;

8. I inquired from my mother-in-law, Mrs. Norma A. Santiago,


whether she receive the money I sent to her through Rhoda
Miclat and the latter told me that former never went to her
house to deliver the money;

9. I prepared a Demand Letter and my mother-in-law sought the


assistance of the Barangay Official of Barangay San Mateo ,
Arayat, Pampanga in personally a copy of said letter at
respondents residence.

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10. After the parents of respondents received a copy of the
Demand Letter , they refused to sign and acknowledge receipt
of a copy of said Demand Letter;

11. That efforts exerted to secure a Certification from the


Barangay Officials of Barangay San Mateo, Arayat, Pampanga to
the effect that the respondents parents refused sign or
acknowledge having received a copy of the Demand Letter
proved futile since it was later discovered that the Barangay
Investigator is a relative of herein respondent;

12. For this reason, I sent a second Demand Letter to the


respondent on January 21, 2011 through registered mail , a copy
of which is hereto attached as Annex B and the same was
received by AURELIA MICLAT as shown the Return Card
hereto attached as Annex C hereof.

13. After the lapse of the Ten (10) days period afforded to the
respondent to comply with the tenor of the said letter,
respondent still adamantly refused to return the said amount;

14. The respondent was previously employed as our


Housemaid and as such, she betrayed our trust and deceived
us when she did not give the money to my mother-in-law and we
suffered actual damages as a consequence of her criminal act.

IN WITNESS HEREOF, I hereby set my hand this ____of March


2011 in Quezon City.

WINSTON CLARENCE O. GAYAPA


Complainant

SUBSCRIVED AND SWORN to before me this _____of March


2011, in Quezon City. I further certify that I examined the affiant and
that I am convinced that he voluntarily executed and understood his
Complaint affidavit.

ASSISTANT CITY PROSECUTOR

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