Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
BRANCH 1
Cebu City

AKO AMO,
Complainant,

-versus-

RSP LEE, CRIMINAL CASE NO. Q-10-00604

Accused. For: BP 22

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

JUDICIAL AFFIDAVIT

I, AKO AMO, 30 years old, Filipino, married, and living

at Cadahuan Street, Brgy. Kalubihan, Talamban, Cebu City,
Philippines, complainant in this case, most respectfully
submit this Judicial Affidavit and states under oath that:

PRELIMINARY STATEMENT

The person examining me is ATTY. MARIA C. MAQUILING with

address at Brgy. Nasipit, Talamban, Cebu City. The judicial
affidavit is being taken at the law office of Atty. Maria C.
Maquiling located at Maquiling and Maquiling Law Offices,
Unit 15, Sunny Hill, Brgy. Nasipit, Talamban, Cebu City. I am
answering her questions voluntarily, to the best of my
knowledge and fully conscious that I do so under oath and may
face criminal liability for false testimony and perjury.

OFFER OF TESTIMONY

This affidavit/testimony of complainant Amo is being

offered to constitute as my direct testimony to prove the
commission of violation of BP 22 at AMO Credit and Finance
Company office, Talamban Branch, Cebu City on January 30,
2019 by the above named accused in this case.

DIRECT EXAMINATION PROPER

Q1. Please state your name and other personal

circumstances for the record.
A1. I am Amo, of legal age, Filipino, engaged in
business of lending money and the owner of AMO Credit
and Finance Company at Brgy. Talamban, Cebu City.
Q2. Do you know a certain RSP LEE (RSP), the accused in
this case?
A2. Yes. He is one of the debtor of the company. On one
occasion dated January 30, 2019, he applied for a loan
with AMO Credit and Finance Company (ACFC) in the amount
of Three Hundred Thousand Pesos (P300,000.00).

Q3. Did you approved his loan application?

A3. Yes. Upon verification of the required documents by
the credit officer as provided for in the company policy
RSP’s loan application was granted in the amount of Three
Hundred Thousand Pesos (P300,000.00).

Q4. What are the subsequent events that transpired

after the loan was approved?
A4. Although the loan was approved, the release of the
net proceeds of the loan was conditioned upon the
requirement that RSP should issue ten (10) postdated
check in equal monthly installments amounting to Thirty
One Thousand Two Hundred Fifty Pesos (P31,250.00) as a
security for the prompt payment of the principal amount
of the loan plus interest.

Q5. Did RSP agreed to the following conditions?

A5. Yes. Knowing fully well that he had a checking
account with Philippine Bank of Communications (PBCOM),
Magallanes-Cebu City Branch, RSP issued the following
check numbers and details as follows:
Check No: Issued Date: Payee: Amount:
7588637 February 25, 2019 ACFC P31,250.00
7588638 March 25, 2019 ACFC P31,250.00
7588639 April 25, 2019 ACFC P31,250.00
7588640 May 25, 2019 ACFC P31,250.00
7588641 June 25, 2019 ACFC P31,250.00
7588642 July 25, 2019 ACFC P31,250.00
7588643 August 25, 2019 ACFC P31,250.00
7588644 September 25, 2019 ACFC P31,250.00
7588645 October 25, 2019 ACFC P31,250.00
7588646 November 25, 2019 ACFC P31,250.00

Q6. When the check became due did you present it to the
bank for payment?
A6. Yes. On February 25, 2019 or on the due date of the
first postdated check, I went to the bank to have it
paid, but it was dishonored for lack of funds.

Q7. When it was dishonored, what did you do?

A7. I made a call to RSP, informing him that the check
was dishonored for insufficiency of funds. I also
demanded the payment of P31,250.00, the amount due.

Q8. Did RSP pay you?

 A8. No. Instead, he told me to wait until tomorrow and
to present again the check that was dishonored because,
he was still to make a deposit.

Q9. What happened next?

A9. The following day, or on February 26, 2019, I
presented the same check for payment, but still it was
dishonored for insufficiency of funds, in fact the bank
told me that RSP’s account was already closed.

Q10. What did you do next after finding that RSP’s

account was closed?
A10. I immediately called him to tell the matters
and to demand the payment in cash.

Q11. Did he pay you?

A11. No. In fact I cannot contact him anymore.

Q12: Why do you now come before this Court?

A12. I come before this Honorable Court to attest to the
truth of all the foregoing and for purposes of testifying
against the accused for violation of BP 22.

Q13. For the meantime I have no more questions to ask

you. Do you have something more to add to your statement?
A13. No more.

Q14. Are you willing to sign your statement under oath?

A14. Yes sir.

x--------------------end of statement--------------------x

AKO AMO
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in

Cebu City on March 28, 2019. Affiant personally came and
appeared with Driver’s License No. D04-08-001234 issued by
the Land Transportation Office on April 10, 2014, bearing his
photograph and signature and Passport No. 00123456 issued by
the Department of Foreign Affairs on April 10, 2015, known to
me as the same person who personally signed the foregoing
instrument before me and avowed under penalty of law to the
whole truth of the contents of said instrument.

ATTY. JOHNNY ENGLISH

Notary Public for Cebu City
Cebu City until December 31, 2018
IBP No. 123456; 01/10/14—Cebu City
PTR No. 123456; 01/10/17—Cebu City
Roll No. 1234 5/05/08
 MCLE No. I 001234; 9/09/16
3rd floor, Carisya Building, Brgy. Banilad, Cebu City.

Doc No. 10;

Page No. 31;
Book No. IV;
Series of 2017.
ATTESTATION

The undersigned ATTY. MARIA C. MAQUILING, of legal age,

single, and with law office address at Maquiling and Maquiling
Law Offices, Unit 15, Sunny Hill, Brgy. Nasipit, Talamban,
Cebu City, under oath, deposes and states:

1. She is the Legal Counsel for the complainant in the

above entitled case;

2. She faithfully recorded or caused to be recorded

the questions she asked and the corresponding
answers that the above-named complainant gave;

3. Neither she nor any other person then present or

assisting her coached the complainant regarding the
latter's answers; and

4. She conducted the examination of the witness at her

law office located at Maquiling and Maquiling Law
Offices, Unit 15, Sunny Hill, Brgy. Nasipit, Talamban,
Cebu City.

Cebu City, March 28 2019.

ATTY. ATTY. MARIA C. MAQUILING

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in

Cebu City on March 30, 2019. Affiant personally came and
appeared with Driver’s License NO. D04-00-001234 issued by
the Land Transportation office on April 10, 2014, bearing his
photograph and signature and Passport No. 0012346982 issued
by the Department of Foreign Affairs on April 10, 2015, known
to me as the same person who personally signed the foregoing
instrument before me and avowed under the penalty of law to
the whole truth of the contents of said instrument.

ATTY. JOHNNY ENGLISH

Notary Public for Cebu City
 Cebu City until December 31, 2018
IBP No. 123456; 01/10/14—Cebu City
PTR No. 123456; 01/10/17—Cebu City
Roll No. 1234 5/05/08
MCLE No. I 001234; 9/09/16
3rd floor, Carisya Building, Brgy. Banilad, Cebu City.

Doc No. 10;

Page No. 31;
Book No. IV;
Series of 2017.

Copy Furnished:

CITY PROSECUTOR KIMBERLY T. CHIU (Public Prosecutor)

2ND Floor, Cebu City Hall of Justice Building, Cebu

ATTY. JJ BAREA (Counsel for the Accused)

183 Block Unit 3, P. del Rosario Street Cebu City.

RSP LEE (Accused)

Brgy. Nasipit, Talamban, Cebu City.