Republic of the Philippines}

C I T Y O F D A V A O }s.s.

COMPLAINT AFFIDAVIT

I, GEMMA DELA PEA-FERNANDEZ, of legal age, married,

Filipino, and a resident of Gulf View Subdivision, Bago-Aplaya, Davao City, Commented [B1]: Verify kung kani lang gihapon ang
iyahang address
Philippines, after having been sworn to in accordance with law, do hereby
depose and say THAT:

1. JOSEPH D. FERNANDEZ is my legal husband and we have

two (2) children, namely:
a. Joshua Jed D. Fernandez, born on March 15, 2000; and
b. Fiona Bianca D. Fernandez, born on September 20, 2002.
A copy of our marriage contract is hereto attached as ANNEX
A;

2. JOSEPH D. FERNANDEZ, is a government employee who

works as a Market Master at Bankerohan Public Market, Davao
City ;
3. I am instituting this complaint against JOSEPH D.
FERNANDEZ, for FALSIFICATION OF COMMERCIAL
DOCUMENT as defined and penalized under Article 172
paragraph 1 in relation to Article 171 paragraph 2 of the Revised
Penal code;
4. On three different dates, my husband JOSEPH D.
FERNANDEZ secured three different loans from One Network
Bank and placed on the respective loan applications and the
promissory notes, signatures which purport to be my signature
and caused it to appear that I participated in securing the said
loans and gave my marital consent to it, when in truth and in
fact I had no knowledge and had not consented to the obtaining
of the same.
Commented [B2]: Hmm, not sure, pero basi pwede
butangan ug annex e.g. payslip niya to show na
government employee jud siya. :D
Commented [B3]: Dili dapat private document, kay
kung falsification of private documenting charge,
kailangan I show na nag suffer siya ug damage,
falsification of commercial document nalang para 2
elements lang making it appear that one participated
in the act when in truth and in fact, the person did not
participate thereto. Promissory note is a commercial
document!
Also, notice na ang original affidavit complaint is for
falsification of commercial documents, somewhere
down the line kay nahimo na siya ug private
document.

5. The acts complained of are more specifically described as

follows:

a. On April 19, 2007, JOSEPH D. FERNANDEZ secured a

loan of Php 29,000.00 from One Network bank and placed
on the loan application and the promissory note, signatures
which purport to be my signature, thereby making it appear
that I consented to the securing of the loan. A copy of the
loan application and promissory note bearing the forged
signatures are hereto attached as ANNEX B and
ANNEX B-1 respectively;

b. On April 28, 2008, he secured a second loan in the amount

of Php 29,000.00 from One Network Bank, and again
 placed on the loan application and promissory note,
signatures which purport to be my signature, thereby
making it appear that I participated in the securing of the
aforestated loan. Attached hereto are copies of the loan
application and the promissory note bearing the forged
signatures as ANNEX C and C-1 respectively; Commented [B4]: Ask for a copy of these para ma
attach kay ang first lang ang naa kopya. Saying
para ma 3 counts
c. On April 22, 2009, he secured a third loan in the amount of
Php 29,000.00 from One Network Bank and again placed
on the loan application and promissory note, signatures
purporting to be my own, so as to make it appear that I
participated and gave my marital consent in obtaining the
said loan. Attached hereto are copies of the loan
application and promissory note bearing the forged
signatures marked as ANNEX D and ANNEX D-1 Commented [B5]: Ask for a copy of these too and
attach
respectively;

6. I only came to know of the existence of the aforestated loans

when I inadvertently discovered the same when I asked for his
pay slip from the City Hall;

7. A copy of my identification card bearing my true signature and a

copy bearing my specimen signatures are hereto attached as
ANNEX E and ANNEX F respectively, to show that the
signatures appearing on the loan applications and the
promissory notes herein attached as ANNEXES B, B-1,
Commented [B6]: Ipaphotocopy ang iyahang id
bearing photo and true signature para mas naa weight
and on a separate paper, mag butang siya ug at least
3 specimen signature.

C, C-1, D and D-1 are all forgeries.

8. That I am executing this affidavit to attest to the truth of the

foregoing averments and for the purpose of criminally
prosecuting JOSEPH D. FERNANDEZ for three counts of
FALSIFICATION OF COMMERCIAL DOCUMENTS who could
be served with summons at Market Master, Bankerohan, Davao
City or Ilocano Village, Toril, Davao City. Commented [B7]: Verify if mao gihapon ni ang
address

IN WITNESS WHEREOF, I have hereunto affixed my signature this

___ day of _______, 2016 at Davao City, Philippines.

________________________
GEMMA DELA PEA-FERNANDEZ
Affiant

SUBSCRIBED AND SWORN to before me this ______________ at

Davao City, Philippines. I CERTIFY that I have personally examined the
affiant and I am satisfied that she voluntarily executed the foregoing
affidavit complaint and read and understood the contents of the same.