Republic of the Philippines

Department of Justice
National Prosecution Office
OFFICE OF THE CITY PROSECUTOR
CABANATUAN CITY

_______________________,
Complainant,

-versus- NPS Docket No. _______

For: Batas Pambansa Blg.
22

_______________________,
Respondent.
x-------------------------------------------x

COMPLAINT AFFIDAVIT

I, _______________________, Filipino, of legal age, single, and

residing at __________________________________________, after
having been sworn to in accordance with law, depose and state that:

1. I am instituting this criminal complaint against respondent

__________________________, Filipino, of legal age and
residing at ___________________________________________, for
violation of B.P. Blg. 22 involving the sum of Five Hundred Eighty-Five
Thousand Pesos (Php 585,000.00) arising from a check issued by
______________.

2. On November 21, 2018, he executed a contract denominated as

Contract of Loan with Deed of Acknowledgement of Debt for a loan of
Five Hundred Eighty-Five Thousand Pesos that he obtained from me.

A copy of the demand letter is hereto attached as Annex “A”.

3. Thereafter, he issued Savings Bank Check No. 105-82-000306 payable

to me.

Copy of the check is attached hereto as Annex “B”.

 4. However, when the above-mentioned check was about to be
deposited, the same was dishonored and returned by the bank on the
ground that the “ACCOUNT WAS ALREADY CLOSED”.

5. The check he issued was dishonored because the account was already
closed. Thus, he defrauded me when he issued the checks knowing
very well that the same were worthless.

6. As such, I notified _________ of the dishonored checks and demanded

from him that he make good of the said checks within five (5) days
from receipt thereof.

A copy of the demand letter is hereto attached as Annex “C”.

7. As of date however, ___________ has unjustifiably ignored the

demand to pay the said accounts and/or to redeem the said returned
checks.

8. Based on the foregoing, the acts of ____________ constitute violation

of the Batas Pambansa Blg. 22.

9. The elements of Batas Pambansa Blg. 22, are as follows:

a) the making, drawing, and issuance of any check to apply for account
or for value;

b) the knowledge of the maker, drawer, or issuer that at the time of

issue he does not have sufficient funds in or credit with the drawee
bank for the payment of the check in full upon its presentment; and

c) the subsequent dishonor of the check by the drawee bank for

insufficiency of funds or credit or dishonor for the same reason had
not the drawer, without any valid cause, ordered the bank to stop
payment.

10. Here, all the elements of BP 22 were present. First,

______________ issued checks in support of his loan obligation to me.
As to the second element, the check he issued was dishonored upon
presentment because the account was already closed. And lastly, I

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 suffered prejudice because I failed to collect the amount of Five
Hundred Eighty-Five Thousand Pesos (Php 585, 000.00) from him.

11. In fine, there is a sufficient ground to engender a well-founded

belief that ____________ committed a violation of BP 22. He is guilty
of the afore stated crime and should be held for trial.

12. I am executing this affidavit to attest to the truth of the foregoing

averments and for the purpose of criminally prosecuting respondent
for the violation of BP 22.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ___ of

October, 2019.

_____________________
Affiant

SUBSCRIBED AND SWORN to before me this _____ day of

October 2019 at Quezon City. I HEREBY CERTIFY that I have personally
examined the herein offended party and I am satisfied that they voluntarily
executed and understood their given affidavit.

Administering Oath

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