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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


7th JUDICIAL REGION
Cebu City
Branch 12

PEOPLE OF THE PHILIPPINES,


Plaintiff,

CRIMINAL CASE NO. 09852


-versus- FOR: ESTAFA WITH GRAVE
ABUSE OF CONFIDENCE

KHAWA TAN,
Accused,

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

JUDICIAL AFFIDAVIT

I, Kere Lhis, of legal age, married, Filipino


and a resident of a 91 Ramos St. Maria Luisita
Subdivision, Cebu City, Philippines after having
been duly sworn in accordance with law, do hereby
depose and state:

1. Q: Are you the complainant in this case?


A: Yes.

2. Q: Do you know the defendant in this case?


A: Yes.

3. Q: How did you know her?


A: She was my neighbor who upon hearing that I
am selling some pieces of jewelry, approached
me that she will sell the said pieces of
jewelry on commission basis.

4. Q: What happened next?


A: I agreed to her proposal and I turned over to
her the following items: (1) An 18k diamond
ring for men; (2) a woman’s bracelet; and
(3) one men’s necklace, with an aggregate
value of P100,000.00 as evidenced by a

1
receipt dated October 31, 2017. (attached
herein the acknowledgment receipt as exhibit
“A”) – sakto ba ang term? Pls check.
Reckoning point ni sa 60 day period to remit
or return

5 Q: What were the terms and condition agreed?


A: As stipulated in our contract, the defendant
shall remit the proceeds of the sale, and/or,
if unsold, to return the items, within a
period of 60 days but the over price shall
be kept as her commission. (attached herein
is our written contract as exhibit “B”)

6. Q: What happened next?


A: The period expired without the defendant
remitting the proceeds of the sale or
returning the pieces of jewelry.

7. Q: What did you do next?


A: On January 10, 2018, I confronted her over
the phone and demanded the remittance of the
proceeds of the sale or the return of the
pieces of jewelry unsold but the defendant
made a promise that she will pay the value of
the items entrusted to her.

8. Q: What happened next?


A: I made several demands, written and over the
phone, and I threaten her that I would file
a case if she continues to neglect my demand
but to no avail. (attached herein is our
demand letter as exhibit “C”)

9. Q: What did you do next?


A: I seek the assistance of the prosecutor’s
office for the filing of the necessary
charges against the defendant.

IN WITNESS WHEREOF, I have hereunto set my hand


this 20th day of February 2018 at Cebu City,
Philippines.

2
Kere Lhis
Affiant
Driver’s License 463
Valid Until January 5, 2020
Issued at Cebu City

SUBSCRIBED AND SWORN to before me this 20th day


of February 2018, at Cebu City, affiant exhibiting
to me her valid identification document as indicated
above.

Notario Publico
Notary Public
IBP No. 987654, Cebu City
PTR No. 12345
Roll of Attorneys No.44332
MCLE Compliance No. 123445
Cebu City

Doc. No. 20;


Page No. 5;
Book No. 3;
Series of 2017.

3
Republic of the Philippines)
City of Cebu)S.S

SWORN ATTESTATION

I, David Yap, of legal age, Filipino, with


residence at Banilad, Cebu City, after being duly
sworn in accordance with law, hereby depose and state
that:

1. I am the lawyer who conducted the taking of


the foregoing Judicial Affidavit of witness
Kere Lhis;

2. I faithfully recorded the questions I asked


and the corresponding answers that the
aforesaid witness gave; and,

3. Neither I nor any other person then present or


assisting me coached the witness regarding her
answers.

IN WITNESS WHEREOF, I have signed this Sworn


Attestation this 19th day of February 2018 at Cebu
City.

ATTY. BOYSIE AVENUE


Examining Counsel
Driver’s License No. G-14344929
Valid Until May 8, 2019
Issued At Cebu City

SUBSCRIBED AND SWORN to before me this 19th of


February, 2018, at Cebu City, affiant exhibiting to
me his valid identification document as indicated
above.

Notario Publico
Notary Public
Doc. No. 21; IBP No. 987654, Cebu City
Page No. 5; PTR No. 12345
Book No. 3; Roll of Attorneys No.44332
Series of 2018. MCLE Compliance No. 123445
Cebu City

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