REPUBLIC OF THE PHILIPPINES

MAKATI CITY

)
) S.S.

COMPLAINT AFFIDAVIT
I, BRYAN L. LIM, Filipino, of legal age, single, and a resident of
#2223 F. Zobel St., San Miguel Village, Makati City, after having been sworn
in accordance with law, hereby depose and state that:
1. On June 17, 2011, Ms. Lilia Mamhoud (Ms. Mamhoud), Filipino, of legal
age, with address at #9553 B. Taguig St., Brgy. Valenzuela, Makati City,
went to my office to borrow one of my vehicles for her personal use.
2. According to Ms. Mamhoud, she and her husband got into an altercation
which resulted in her not having access to their shared vehicle.
3. I trusted Ms. Mamhoud because she was my friend and her store [please
specify what kind of store] has been located across my office for many years
prior to this incident.
4. I let Ms. Mamhoud borrow my white Toyota Vios with plate number POG 972
(the Subject Vehicle) registered in my name with the express agreement
that she would return the same to me upon demand. The complete
specifications of the Subject Vehicle are provided for in the Vehicle Delivery
Note issued on November 30, 2010 by Toyota Otis, Inc. A copy of the
Vehicle Delivery Note is attached as Annex A.
5. Sometime in July 2011, or about a month after I let Ms. Mamhoud borrow
the Subject Vehicle, Ms. Mamhoud informed me that she could not return
the same because she had lent the Subject Vehicle to a friend of hers. Ms.
Mamhoud failed to disclose the name of the person to whom she allegedly
lent the Subject Vehicle.
6. On July 25, 2011, Ms. Mamhoud and I tried to reach an amicable settlement
before the barangay. Ms. Mamhoud promised to return the Subject Vehicle
as soon as possible and I acquiesced.
7. However, on August 3, 2011, Ms. Mamhoud was still unable to return the
Subject Vehicle, resulting in another confrontation between us before the
barangay. During this meeting, Ms. Mamhoud told me that someone would
return the Subject Vehicle. I asked one of my employees, [insert name of

employee], to accompany Ms. Mamhoud to ensure the actual return of the

Subject Vehicle.
8. Before we arrived at the place where the Subject Vehicle could allegedly be
found, Ms. Mamhoud informed me that I needed to deposit eight thousand
pesos (8,000.00) to a person named Jayson Beltran in order to recover the
Subject Vehicle. To my dismay, even after depositing the money, I was still
unable to recover the Subject Vehicle because it could not be found.
9. I returned to the barangay to file a complaint against Ms. Mamhoud and was
given a Certification to File Action on September 29, 2011. A copy of the
Certification to File Action is herein attached as Annex B.
10.I still waited for Ms. Mamhoud to come to my office to discuss the return of
the Subject Vehicle because her residence is located near my office, to no
avail.
11.On August 15, 2012, I sent a demand letter to Ms. Mamhoud demanding the
return of the Subject Vehicle or the amount of five hundred ninety nine
thousand pesos (599,000.00), representing the selling price of the Subject
Vehicle. Ms. Mamhoud failed to heed my demand. A copy of the demand
letter dated August 15, 2012 is herein attached as Annex C.
12.As of today, February [insert date], 2015, Ms. Mamhoud has neither
returned the Subject Vehicle nor paid the amount of five hundred ninety nine
thousand pesos (599,000.00).
13.Ms. Mamhouds act of borrowing the Subject Vehicle and failing to return the
same upon demand constitutes a violation of Article 315(1)(b) of the Revised
Penal Code.
14.I am executing this Affidavit for the purpose of filing a Complaint against Ms.
Mamhoud for:
(a)

estafa under Article 315(1)(b) of the Revised Penal Code; and

(b)

such other felonies or offenses as the public prosecutor may

deem proper under the foregoing circumstances.

IN WITNESS WHEREOF, I have hereunto set my hand this [insert date]

day of February, 2015 in Makati City.

Bryan L. Lim
February [insert date], 2015 in Makati City
Prosecutor

CERTIFICATION
I certify that I have personally examined the affiant who executed the
foregoing affidavit, and that I am convinced that the same was freely and
voluntarily executed by him, and that the same is true and correct to the
best of his personal knowledge and belief.
Makati City, February [insert date], 2015.
Prosecutor