What is a Complaint Affidavit?

The affidavit attached to the civil complaint is nothing more than the plaintiff saying that the
allegations are "true and correct" that they made within the complaint - it's just a "verfication" that the
plaintiff has reviewed the complaint and that it's accurately stating the matters they are complaining
of.

The Defendant has to respond to the Complaint by filing an Answer within a time limit usually stated
in the summons or to be followed as per state laws, normally around 21-30 days depending on the
jurisdiction. Always make sure to respond within the time limit, else the consequences can be very
severe like a judgment can be entered against you and enforceable too.

The answer is Defendant’s written response and defense to all or part of the allegations in the
Complaint. Defendant has to admit or deny each of the allegations truthfully and assert any
applicable defenses. The answer could be handwritten or many courts have a ready to fill form which
has a general denial to all allegations in the Complaint by the Defendant. If the Defendant chooses
to admit or make specific responses then the Defendant can frame an answer making sure all
allegations are covered rather than using a form.
 The place where the
affidavit is executed
REPUBLIC OF THE PHILIPPINES)
C I T Y O F CAGAYAN DE ORO ) S.S.

Caption
COMPLAINT-AFFIDAVIT

That I, Vincy Jane A. Polinar, of legal age, married, Filipino and a resident
of c/o South Bank, Kauswagan Branch, Cagayan de Oro City, after having been
duly sworn to according to law hereby depose and say:
PERSONAL CIRCUMSTANCES
1. That I am the Loan Manager of South Bank, Kauswagan Branch, Cagayan
de Oro City. I am executing this affidavit in behalf of South Bank, being the
complainant herein.

2. In behalf of the said Rural Bank, I am filing a formal complaint for Estafa
thru Falsification of Public Document and /or thru Forgery against
respondent Apipa G. Guro [hereinafter “Respondent”], a resident of
Vamenta, Carmen, Cagayan de Oro City .

3. On October 31, 2007, Respondent using the name of, and misrepresenting
herself to be Doña Añiqa Macarambon-Bacsarpa, submitted a loan
application, purportedly signed by the Spouses, by forging their signatures
with South Bank, Kauswagan Branch, Cagayan de Oro City amounting to BODY
PhP 5,000,000.00.

4. As security for the payment of the said loan, Respondent submitted as

collateral thereof a parcel of land described in TCT No. T-178439 1 and
executed a Real Estate Mortgage over the said land in favor of South Bank.
2

5. On December 6, 2007, the loan application amounting to Philippine Pesos:

Five Million (PHP 5,000,000.00) was approved by South Bank and the
proceeds thereof were delivered to the Respondent, receipt of which is

1
Annex “A”.

2
Annex “B”
 evidenced by a manager’s check issued by the bank and withdrawn by the
Respondent. 3 Photocopy of the said check is hereto attached as Annex C
hereof;

6. On January 6, 2007, South Bank found out that respondent falsified and/or

forged the above mentioned documents. It also found out that Respondent
misrepresented herself to be Doña Añiqa Macarambon-Bacsarpa when in
truth and in fact the former, as found by the bank, is Apipa G. Guro. 4

Respondent’s real identity was discovered by the bank when one of it’s
employees identified her as an acquaintance as they live in the same
barangay and is personally known to her;

7. Respondent’s unlawful acts were discovered by the bank when the latter
tried to collect from the Spouses Bacsarpas who refused to pay on the
ground that they did not apply for a loan, much less mortgage the land
covered by subject land title in favor of South Bank;

8. The unlawful acts by Respondent caused damage and prejudice to South

Bank in the amount of PhP 5,000,000.00, the amount released to respondent
as proceeds of the loan, including interest of twelve percent (12%) per
annum;

9. South Bank spent PhP 30,000.00 for attorney’s fees for filing the complaint
affidavit .

10. That I am executing this affidavit for and behalf of the South
Bank, Kauswagan, Cagayan de Oro City, being the Loan Manager thereof,
to file a formal complaint of Estafa through Falsification of Public
Documents and/or through Forgery against Apipa Guro.

3
Annex “C”.
4 Annex “D”.
 IN WITNESS WHEREOF, I have hereunto affixed my signature for and in
behalf of the complainant South Bank Kauswagan, Cagayan de Oro City this 8 th
day of December 2009, at Cagayan de Oro City. ATTESTATION CLAUSE

Vincy Jane A. Polinar

Affiant

NAME AND SIGNATURE

JURAT OF AFFIANT
SUBSCRIBED and SWORN to before me this 8th day of December, 2009, at
Cagayan de Oro City. I hereby certify that I have personally examined the above-
named affiant and that I am satisfied that the foregoing statements were given by
him voluntarily and of his own free will.

Azrifa A. Mamutuk
Associate Prosecution Attorney II