LAW 116

LEGAL WRITING EXERCISE/ASSIGNMENT

October 11, 2018

INSTRUCTIONS:

1. You are to prepare the Counter-Affidavit of BLACKAGAR BOLTAGON. For

context, please see the anonymous letter he wrote to Legally, Lovingly Yours.
Go over the Legal Framework and Rules of Criminal Procedure for your
guidance.
2. Assume that the facts are true in this Complaint.
3. Cite relevant provisions of law and jurisprudence to support your Counter-
Affidavit.
4. Attachments (namely the check and Notice of Dishonor) were not included
anymore but again, assume that these facts are true.

DEADLINE:
October 12, not later than 11:59 pm, via email to annaiglesias.tsulaw@gmail.com .

Please make sure that you observe the following format via email:

Subject: [Law 116] Counter-Affidavit

File: Surname_Law116_Counter-Affidavit.doc (PDF is also acceptable)

Grammatical and typographical errors are subject to deductions.

Legally, Lovingly Yours

I.

Dear Ate Lawyer,

I need your legal expertise.

I once helped a good friend with his business start-up sometime last year. He was able to persuade two major
investors to put up much needed capital, for a total of about P2M. One of them, who gave him P1M, asked him
for a check in return. However, since my friend did not have a checkbook of his own, he asked me to issue the
check instead, which I did, for P1M in favor of his investor. He gave the check to his investor. My friend assured
me that he would deposit the money in my account within 30 days from the time I issued the check but he never
did.

Unfortunately, my friend’s business failed to take off.

Meanwhile, the investor tried to encash the check but it bounced. I learned of this because last month, I received
a letter from the investor’s lawyer that the check bounced. I tried calling my friend but he disappeared. He never
paid the P1M to me, or to the investor who gave him money. He has stopped taking my calls or messages on
Facebook. A few days ago, I received a subpoena from the prosecutor’s office requiring me to appear and answer
the charge of estafa and BP 22.

I am afraid that I have become involved in my friend’s problems by merely accommodating his request. I don’t
want to go to jail!

My questions are: Will the complaint for estafa against me be successful? What about violation of BP 22?

I would appreciate your advice.

Sincerely,

Mr. Too Nice

 Page 2 of 3
Sentry vs. BB and Maximus

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
Office of the City Prosecutor
Tarlac Court Building, Romulo Boulevard, Tarlac City

ROBERTO SENTRY
REYNALDO,
Complainant,
NPS Docket No. INVF-123-456-789
-versus- For: Estafa/ Violation of BP 22

BLACKAGAR BOLTAGON
and MAXIMUS BOLUDO.
Respondents.
x--------------------------------------x

COMPLAINT-AFFIDAVIT

I, ROBERTO SENTRY REYNALDO, Filipino, of legal age, single and a

resident of Blk. 2 Lot 10 Fiesta Communities, Brgy. San Rafael, Tarlac City,
state under oath, as follows:

1. I am filing a criminal complaint against the Respondents for Estafa

under Article 315(d) and violation of Batas Pambansa Blg. 22.

2. Respondent BLACKAGAR BOLTAGON resides at and may be served

with the lawful orders and processes of this Honorable Office at No.
1234 Romulo Blvd., Brgy. San Vicente, Tarlac City. Respondent
MAXIMUS BOLUDO resides at and may be served with the lawful
orders and processes of this Honorable Office at No. 456 Brgy. San
Sebastian, Tarlac City.

3. Respondent MAXIMUS is an acquaintance whom I’ve known since

2014. Sometime in January 2017, he invited me to coffee where he
told me about the business he is planning to put up an appliance
store in Capas, Tarlac. He borrowed P1,000,000.00 from me to be
paid in full six (6) months from issuance, promising me an
additional 10% of the profits from the first six months of operation.
I agreed to lend him the money provided that he gives me a check
over the same amount to which he agreed.

4. On February 14, 2017 at around 11 am, MAXIMUS and I met again

for coffee. He handed me a check for P1M which was issued and
signed by BOLTAGON. Later that afternoon, I gave him the deposit
slip evidencing that I loaned him P1,000,000.00 as requested.
 Page 3 of 3
Sentry vs. BB and Maximus

5. However, despite our agreement, MAXIMUS failed to pay the money

he borrowed from me despite my numerous reminders. Thus, on
September 3, 2017, I went to the bank to encash the check which
was promptly returned by the bank for lack of sufficient funds.

6. I then hired a lawyer to send MAXIMUS and BLACKAGAR demand

letters and notice(s) of dishonor. BLACKAGAR received his
letter/notice of dishonor on September 10, 2017.

7. To date, I have not received any payment.

8. Respondents conspired with each other and deceived me into

parting with my hard-earned money because I relied on the check
BLACKAGAR issued. However, Respondent knew he did not have
sufficient funds to cover the amount of the check. All reminders,
demands, and attempts to collect what he rightfully owes me have
been mostly ignored, causing me damage, financial losses, and
unnecessary stress I was also compelled to retain the services of a
private attorney to protect my rights. Thus, the Respondent should
be held liable for estafa for the deceit and damage he caused me.

9. Furthermore, Respondents’ actions are in clear violation of BP 22.

BLACKAGAR issued me checks for value, knew that he had
insufficient funds to cover payment and such checks were
subsequently dishonored. Thus, he should also be held accountable
for violation of the Bouncing Checks Law.

10. I have nothing further to say.

TO THE TRUTH OF THE FOREGOING, I have signed this Complaint

Affidavit on 11 October 2018 in Tarlac City, Tarlac.

[sgd.]
ROBERTO SENTRY REYNALDO
Complainant

CERTIFICATION

SUBSCRIBED AND SWORN to before me this 11 October 2018 in Tarlac

City.

I hereby certify that I have personally examined the Affiant and I am satisfied
that he voluntarily executed and understood his Complaint-Affidavit.

[sgd.]
MATTHEW MURDOCK MERCADO
Investigating Prosecutor