Republic of the Philippines

MUNICIPAL TRIAL COURT

Allen, Northern Samar

SPOUSES GERRY SYTICO

and WILMA V. SYTICO,
Plaintiff,

Crim Case No. ______

For:
SIX(6) counts of Viol. Of
BP 22

-versusARIEL M. TAN

Defendants.
x----------------------------------------x

COMPLAINT-AFFIDAVIT
The UNDERSIGNED COMPLAINANTS respectfully allege:
We, WILMA V. SYTICO and GERRY SYTICO, of legal age,
Filipino Citizen, husband and wife to each other and resident of
Brgy. Londres, Allen, Northern Samar, after having been duly sworn
to in accordance with law, hereby accuses:
ARIEL M. TAN, of legal age, Filipino Citizen, married and
resident of Brgy. Buenos Aires, Victoria, Northern Samar, for SIX (6)
counts of Violation of Batas Pambansa 22,committed as follows:
1. That sometime on June 2012 at Manila City, NCR, Ariel Tan
was introduced to us by my brother in law REY CASTRO and
ask if we could lend him some money in the amount of TWO
HUNDRED THOUSAND (P200,000.00) PESOS and even
assailed that the same be with an interest of SEVEN (7)
percent per month.
2. That I refused to lend ARIEL TAN, the aforementioned amount
as I am using that amount to pay my Car Mortgage at Toyota
Balintawak, Manila City.

3. That ARIEL TAN repeatedly ask that the loan shall be paid on

December 2012 with the corresponding interest of seven (7)

percent per month and secured the same by issuing several
checks to secure the payment of the aforementioned loan.

- Page 2
4. That since ARIEL TAN is well known in the community
because he served as a Municipal Councilor, we were
convinced to lend him the money at the promise that the same
be secured by him issuing post dated checks.
5. That on June 10, 2012 I gave him the money in the amount of
TWO HUNDRED THOUSAND (P200,000.00) PESOS evidenced
by a Promissory Note, hereto attached as ANNEX A.
6. That on June 12, 2012 ARIEL TAN came to our residence at
Brgy. Londres, Allen, Northern Samar and issued SEVEN (7)
post dated checks, all drawn on CHINA BANKING
CORPORATION (CHINA BANK) ACCOUNT NUMBER 360039471-5, SIX (6) of said checks are subject of herein
complaint, amounting to a grand total of TWO HUNDRED
SEVENTY THOUSAND (P270,000.00) PESOS, to wit;

a.
b.
c.
d.
e.
f.

Check Number
CAT0192903
CAT0192904
CAT0192905
CAT0192906
CAT0192907
CAT0192908

Date
August 8, 2012
September 8, 2012
October 8, 2012
November 8, 2012
December 8, 2012
December 8, 2012

Amount
P14,000.00
P14,000.00
P14,000.00
P14,000.00
P14,000.00
P200,000.00

7. That on July 8, 2012, I encashed the first of the series of

checks issued by ARIEL TAN. However, on August 8, 2012,
upon encashment of check number CAT0192903, much to my
dismay, the check was returned by the bank due to
INSUFICIENCY OF FUNDS, a true and faithful machine
reproduction of said checks is hereto attached as ANNEX B

8. That I immediately went to confront ARIEL TAN, to inform him

of the dishonor of the check he issued. He reasoned out that
he forgot to deposit the amount on his account. As such, I
heeded him to deposit the appropriate amount on the
succeeding checks and to issue another in lieu of the
dishonored check numbered CAT0192903.
9. That upon the encashment of the succeeding checks
numbered
CAT0192904,
CAT0192905,
CAT0192906,
CAT0192907 and CAT0192908 on their respective dates
payable, all were dishonored by reason of INSUFICIENCY OF
FUNDS, a faithful machine reproduction of the said checks are
- Page 3 attached herewith as ANNEX C, D, E, F and G.
thereafter, I demanded from him the full amount of TWO
HUNDRED SEVENTY THOUSAND PESOS (P270,000.00).
10.
That because ARIEL TAN failed to heed my demands, I
endorsed the said checks to my legal counsel, who
immediately sent a Formal Demand Letter and Notice of
Dishonor through registered mail with registry receipt number
3338. A true and faithful machine reproduction of said
Demand Letter and Notice of Dishonor is attached hereto as
ANNEX H.
11.
That as of date however, ARIEL TAN failed and refused
and continue to fail and refuse to pay the whole amount or
redeem in cash the face value of the unfunded returned
checks. Filling of this case was even suspended several times
already just to give him ample time and opportunity to settle
his obligations in full, but the same served futile.
12.
That I am therefore executing this complaint-affidavit in
support to the charges for SIX (6) counts of Violation of BP 22
against the said ARIEL TAN, who may be served with
subpoena and other processes of this Honorable Office at his
last known address at Brgy. Buenos Aires, Victoria, Northern
Samar.

IN WITNESS WHEREOF, We have herein to affix our signature

this _____ day of January, 2015, at Catarman, Northern Samar.

WILMA V. SYTICO
Complainant

GERRY SYTICO
Complainant

SUBSCRIBED AND SWORN TO before me in the Municipality

of Catarman, Northern Samar, Philippines this ____ day of January
2015. Affiants being personally known to the herein notary public
need not be identified by any other competent documents.
Doc No______
Page No______
Book No______
Series of 201
- Page 4 -

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

We, GERRY SYTICO and WILMA V. SYTICO, both of legal age,

husband and wife to each other and a residents of Brgy. Londres,
Allen, Northern Samar, after having been duly sworn to in
accordance with law do hereby depose and say:
That we are the Complainant in the above entitled Complaint;
That we have caused the preparation of the herein Complaint; That
we have read all the allegations contained herein and that the same
are true and correct of our own knowledge and are based on
authentic documents.
That we have not commenced any action or proceeding
involving the same parties or issues before the Supreme Court, the
Court of Appeals or any agency or tribunal; That to the best of our
knowledge there is no such action or proceeding that is pending
before the Supreme Court, the Court of Appeals or any agency or

tribunal; that should we hereafter learn that there is such action or

proceeding that is pending or has been filed before the Supreme
Court, the Court of Appeals or any agency or tribunal, we
undertake to report such fact before this Court where the
certification herein contemplated is filed within five (5) days there
from.
IN WITNESS WHEREOF, We have hereunto set our hands this
_____day of January 2015 at Catarman, Northern Samar.

GERRY SYTICO
Affiant

WILMA V. SYTICO
Affiant

SUBSCRIBED and SWORN to before me this _____day of

January 2015 at Catarman, Northern Samar. Affiants being
personally known to the herein notary public need not be identified
by any other documents.
Doc. No. ___________;
Page No. ___________;
Book No. ___________;
Series of 2015.