REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

2nd Judicial Region
Branch 5
Baguio City, Philippine

People of the Philippines

Complainant,

-versus-
Criminal Case No. 143143
Violation of BP 22

MR. Nalinlang,
Defendant,

x - - - - - - - - - - - - - - - - - - - - -x

JUDICIAL AFFIDAVIT OF NAGOYO

I, NAGOYA, Filipino, of legal age, single and a resident of Brgy. Honeymoon-

Holyghost, Baguio City, The complainant in this case, state under oath as
follows:

PRELIMINARY STATEMENT

The person examining me is Atty. Russel Harold P. Sirot with office address
at City Prosecutors Office Baguio City.

I am answering his questions fully conscious that I do so under oath and may
face criminal liability for false testimony and perjury.
PURPOSE:

This Affidavit is being offered to prove that Defendant, MR. Nalinlang owned
and permitted the issuance of the DISHONORED CHECKS to MR.
NAGOYA, the Complainant in this case.

It is respectfully prayed that this Judicial Affidavit of MR. NAGOYA be

admitted as the Direct Examination of the witness in order to expedite the
proceedings.
DIRECT EXAMINATION QUESTIONS:

Q1- Can you state your name and other personal information for the record.
A- Mr. Nagoya, 27 years old, with residence at Brgy. Honeymoon-Holyghost,
Baguio City.

Q2-Why are you here now?

A-To give my judicial affidavit, against Mr. Nalinlang, which I sued for violation of
BP 22.

Q3- Can you state the name of the person examining you for the record.
A- Atty. Russel Harold P. Sirot of the City Prosecutors Office of Baguio City.

Q4- In what language do you want your examination be conducted?

A- I preferred my judicial affidavit be in English.

Q5- Are you aware that the testimonies you are about to give is under oath, and if
you lie you may face criminal charges?
A- Yes, I’m aware counsel.

Q6- Let us now proceed with your criminal complaint against Mr. Nalinlang, how
do you first meet Mr. Nalinlang?
A- By attending an inspirational talk of Mr. Estafador entitled “Making your Money
Grow” held in Baguio City. Mr. Nalinlang was the staff of Mr. Estafador.

Q7- What transpired in that inspirational talk?

A- Mr. Estafador gives inspiring words to us and introduced his company Mysterio
Investment Firm. Mr. Estafador proposed to the attendees to invest their money with
them, which he promised thirty percent (30%) profit.

Q8- Did you invest your money?

A- Yes, because all the attendees invested their money, they are carried away with
good vibes and positive testimony of some investors.

Q9- How do you invest your money?

A- I gave Mr.Estafador P 500,000 then after I received the promised pay outs, I
added to my previous capital another P 500,000 to make my total investment reached
P 1,000,000.
Q10- Did your investment with Mr. Estafador continued?
A- No.

Q11- Why?
A- I demanded the total return of my investment because I need to fund my Ukay-
Ukay business.

Q12- How do you received the amounts you invested?

A- I received it in the form of checks issued by Mr. Estafador.

Q13- Did Mr. Estafador instructed you to return the checks?

A- Yes.

Q14- Why?
A- Mr. Estafador did not state his reasons.

Q15- Were these checks replaced?

A- Yes.

Q16- How were these checks replaced?

A- It was replaced by the checks signed by Mr. Nalinlang.

Q17- Who is Mr. Nalinlang?

A- Mr. Nalinlang was the staff of Mr. Estafador.

Q18- Can you described these checks?

A- These are four (4) checks, the are Bank of Philippine Islands (BPI) checks.

Q19- What documents you wished to submit to the court?

A- These are:
Check: Dated: Amount:
BPI check no. 08093 July 15, 2016 P 250,000 (marked as “Exhibit A”)
BPI Check no. 08094 August 15, 2016 P 250,000(marked as “Exhibit B”)
BPI Check no. 08095 September 15, 2016 P 250,000(marked as “Exhibit C”)
BPI Check no. 08096 October 15, 2016 P 250,000 (marked as “Exhibit D”)
Q20- Did you deposit these checks?
A- Yes, I did. I deposited it to Banco De Oro (BDO) SM branch after the date
indicated in each check.

Q21- What happened to these checks?

A- They were all successively dishonored, they were sent to BPI and returned to
BDO with stamp “CLOSED ACCOUNT”.

Q22- Did you communicate with Mr. Nagoya and Mr. Nalinlang regarding the
dishonored checks?
A- Yes. I make several verbal demands but they both promising that their Chinese
counterparts will assuredly remit the profits from HongKong but its taking too long
because of the banking regulations in the Philippines.

Q23- Showing you these notice of dishonor marked as “Exhibit E”, did you sent it
to Mr. Estafador and Mr. Nalinlang?
A- Yes. It was dated April 10, 2016.

Q24- What are the contents of these notice?

A- That they should make good the checks within five banking days from the receipt
of the notice.

Q25- How did you send the notice?

A- The notice was sent to the Mysterio Offices by registered mail with registry
receipt signed by a staff in the office.

Q26- Was the amount of P1,000,000 paid?

A- No, not a single centavo, counsel.