REPUBLIC OF THE PHILIPPINES)

CITY OF MUNTINLUPA, METRO MANILA) S.S.

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COMPLAINT AFFIDAVIT

I, SUSAN GARCIA, of legal age, married, Filipino, resident of

Muntinlupa City, having been duly sworn in accordance with law hereby
depose and state:
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1. That I am filing a complaint against ​MAVERICK ESPINOLA, of legal

age, married, Filipino, and with postal address at 709 Avida
Towers 9th Avenue, Bonifacio Global City, Taguig 1630

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2. NATURE OF THE CRIMINAL COMPLAINT

This is a criminal complaint for ESTAFA WITH UNFAITHFULNESS

OR ABUSE OF CONFIDENCE, namely, BY MISAPPROPRIATION
under Art. 315, paragraph 1, section b of the Revised Penal Code
of the Philippines

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3. ULTIMATE FACTS

3.1. That MAVERICK ESPINOLA [hereinafter “respondent”] has

been an agent of Extra Mile Travel Agency, located at the ground
floor of Alabang Town Center, Muntinlupa, for eight (8) years
with the duty to coordinate and book trips for the Agency’s
customers.
3.2. That on March 27, 2018, I issued in favor of the Extra Mile
Travel Agency BPI cheque no. 2453 in the amount of Php
800,000.00. (Annex A)

3.3. That such cheque was received by respondent on commission

with the obligation to turn it over to the Agency, as evidenced by a
receipt, for respondent to organize and book trip to South
America under the Jungle Adventure Family Package for the
coming year for the purpose of doing research on the agricultural
practices of the countries specified in the package for our business
enterprise and family vacation

3.4. That respondent misappropriated or converted the amount of

the cheque received in trust for his own benefit

3.5. That such misappropriation is evidenced by the respondent’s

withdrawal of the amount of the cheque and subsequent deposit
in his own personal account of the same.

3.6. That at the time respondent deposited subject cheque in his

bank account, his remaining balance was PhP 2500.00, the
minimum required to maintain such account.

3.7. That after the deposit of PhP 800,000.00, he issued a cheque

payable from the aforementioned account for the payment of the
tuition fees of his son to De La Salle University Manila in the
amount of PhP 400,000.00. (ANNEX B)

3.8. That damage and prejudice was caused as Extra Mile Travel
Agency did not book the agreed upon Jungle Adventure Package
because it did not receive the deposit paid to respondent

3.9. That I suffered loss of business opportunities resulting in

costs up to PhP 850, 000.00 as a consequence of cancelled
business meetings arising from my failure to make the trip on the
planned dates
 4. APPLICABLE LAW.

Article 315 of the Revised Penal Code on deceit/swindling (estafa)

provides that any person who shall defraud another by any of the
means mentioned therein shall be punished by the penalty of
prision correccional in its maximum period to prision mayor in its
minimum period, if the amount of the fraud is over 12,000 pesos
but does not exceed 22,000 pesos, and if such amount exceeds the
latter sum, the penalty provided in this paragraph shall be
imposed in its maximum period, adding one year for each
additional 10,000 pesos; but the total penalty which may be
imposed shall not exceed twenty years; provided that the fraud be
committed by any of the following means:

1. With unfaithfulness or abuse of confidence, namely:

x x x.
(b) By misappropriating or converting, to the prejudice of
another, money, goods, or any other personal property
received by the offender in trust or on commission, or for
administration, or under any other obligation involving the
duty to make delivery of or to return the same, even though
such obligation be totally or partially guaranteed by a bond;
or by denying having received such money, goods, or other
property.

The affiant executed this affidavit to attest to the truthfulness of

the foregoing facts and to support the estafa case filed against Maverick
Espinola.

________________________________
Susan Garcia

SUBSCRIBED AND SWORN ​to before me this 2​nd day of April,

2018, at Muntinlupa City, Metro Manila. 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.

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Notary Public
Doc No. ________
Page No. ________
Book No. ________
Series of ________
ANNEX A
ANNEX B