Republic of the Philippines))

La Trinidad, Benguet) s.s

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AFFIDAVIT COMPLAINT

I, Juana Losadan, of legal age, Filipino, and resident of Km. 5, Pico,

La Trinidad, Benguet after having duly sworn to in accordance with law, do
hereby and depose and state THAT:

1. I am filling a case for violation of BP Blg. 22 or also known as

“Estafa by means of Bouncing Check” in relation to Article 315
paragraph 2 (d) of the Revised Penal Code against Teresa Galino
Pasayan (Teresa), of legal age, married, Filipino and with business
address at La Trinidad Vegetable Trading Post, Km. 5, Pico, La
Trinidad, Benguet and such other crime as may be warranted by
the circumstances;

2. The circumstances surrounding the commission of the crime are

the following to wit:

2a) On several dates from December 20, 2017 up to March 27,

2018, she (Teresa) issued me Sixteen (16) Postdated Checks, each
worth Twenty Thousand Pesos (P20, 000.00) as payment of the
vegetable, specifically carrots, which I delivered to her at her
stall/store located at the La Trinidad Vegetable Trading Post, Km.
5, La Trinidad, Benguetsum of , which she borrowed from . Every
arrival of the date of each check, I presented the to her for payment
and she paid the same. Until on September 16, 2016, upon
presentment of the check, dated on that same day, for payment,
respondent now refused to pay the same. Upon arrival of the date
of the last check dated September 23, 2016, I again presented to
the respondent for payment. She refused again to pay for the
reason that she has no money. She then told me to come back on
some other days. Since then, every time I present it for payment,
she has so many excuses for not paying the check. Until one day,
she told me that she will not pay the check, because she did not use
the pesticide but was used by other person;

2b) Because of his repeated excuses and alibi, I then decided to

present it for payment the last two checks dated September 16 and
23, 2017 bearing check no. 0004490 and 0004491 respectively
with the drawee bank, Philippine Savings Bank, Km. 4, La
Trinidad, Benguet-Branch on January 31, 2017. However, the two
checks were dishonored by the drawee bank for reason “Drawn
against Insufficient Fund”. For this reason, I then talked to her
about its dishonor and asked the payment but she stubbornly
ignored the same. I then formally issued and personally tender to

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 her a Final Demand Letter on February 2, 2017. However, she
refused to sign my receiving copy. Until today, I was not paid yet
the amount of Thirty Thousand Pesos (P30, 000.00) covering the
amount of the two (2) checks as payment of the boxes of pesticide.

Xerox copies of the dishonored checks bearing check no.

0004490 and 0004491 and the Final Demand Letter are hereby
attached and marked as annex “A”, “B” and “C” to form part of
this Affidavit-Complaint.

3. In the case of Castro vs. Mendoza, G.R. No. 50173, September 21,
1993, the essential requirements of estafa under Article 315
paragraph 2 (d) of the Revised Penal Code, by means of the false
pretense or fraudulent act executed prior to or simultaneously with
the commission of the fraud, by post dating a check or issuing a
check in payment of an obligation when the offender had no funds
in the bank or his funds deposited therein were insufficient to
cover the amount of the check are the following to wit:

a) A check is drawn or postdated in payment of an obligation

contracted at the time the check was issued;
b) There are no sufficient fund to cover the check; and
c) The payee sustains damage thereby.

Evidently, the law penalizes the issuance of a check only if it were

itself the immediate consideration for the reciprocal receipt of
benefits. In other words, the check must be issued concurrently
with, and in exchange for, a material gain to make it punishable
offense under Article 315, paragraph 2(d)1.

4. As per the acts of the respondent, she is liable for the offense as
above mentioned, because she issued the checks in payment of the
pesticides. It is in payment of an obligation contracted at the time
the check was issued and it is not issued to pay a pre-existing
obligation.

5. Evidently, there is factual and legal basis for the honorable

Provincial Prosecutor’s Office for Benguet Province to charge
Janet Bacwaden for a crime under P.D. blg. 818 or also known as
“Estafa by means of Bouncing Check” in relation to Article 315
paragraph 2 (d) of the Revised Penal Code and such other crime as
may be warranted by the circumstances;

6. Finally, I am executing this Affidavit-Complaint to attest to the

truthfulness of the foregoing facts and for all legal intents and
purposes it may serve.

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Notes and cases on special penal laws by Leonor D. Boado.

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 IN WITNESS WHEREOF, I hereunto set my hand this 17th day of
March 2017 at La Trinidad, Benguet, Philippines.

GILBERT AGTULAO
Affiant

SUBSCRIBED AND SWORN to before me this 17th day of

March 2017 at La Trinidad, Benguet, Philippines by the Affiant. I further
certify that I have personally examined the affiant and that I am satisfied the
he freely and voluntarily executed, read and understood the contents of his
Affidavit Complaint.

_____________________________________
Administering Officer