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REPUBLIC OF THE PHILIPPINES

THIRD JUDICIAL REGION


Municipal Trial Court in Cities
BRANCH 2, ANGELES CITY,
PAMPANGA

THE PEOPLE OF THE


PHILIPPINES,

-versus- Crim Case Nos. M-ANG-19C-00367


to 00369-CR
CARYLL ANN P. JUICO
Accused.

Judicial Affidavit
The testimony of ELIZABETH A. RAMIREZ, is being offered to
prove and establish THAT:
1. She is the duly authorized representative of complainant
KAUNLAD LENDING INVESTORS CORPORATION (KAUNLAD for
brevity) to represent the complainant for this criminal action
against respondent CARYLL ANNE P. JUICO;
2. Respondent entered a credit transaction with complainant
KAUNLAD in the amount of One Hundred Thirty Three
Thousand Two Hundred Pesos (Php133,200.00);
3. In line with the said credit transaction agreement, the
respondent issued post-dated checks to complainant;
4. Three of the postdated checks issued by the respondent were
dishonored by their respective bank for the reason of “Account
Closed”;
5. The Demand Letter or Written Notice of Dishonor was duly
sent to and received by the respondent Caryll Anne P. Juico;
6. She personally caused to send Demand Letter or Written
Notice of Dishonor to Caryll Anne P. Juico by personal service.
7. Respondent Caryll Anne P. Juico personally received the
Demand Letter or Notice of Dishonor and never settled her
obligation despite such notice;
8. She will testify among other matters in connection to the
Complaint of Kaunlad Lending Investors Corporation;
9. She will identify the exhibits attached herein as to form part as
her direct testimony.

-Preliminary Statement-

Assistant City Prosecutor PERCIVAL T. ATINAJA is


interrogating me at his office at Ground Floor, Office of the City
Prosecutor-Angeles City, Jose Abad Santos-Angeles Hall of Justice,
Pulung Maragul, Angeles City, Pampanga. I am answering his
questions in English in which I am conversant, fully conscious
that I do so under oath and may face criminal liability for false
testimony and perjury.
I, ELIZABETH A. RAMIREZ, of legal age, Filipino Citizen
and with office address at 43B 3/F J.P. Rizal Avenue, Brgy. Balite,
Rodriguez, Rizal and Branch office address at 608, 2 nd Floor R
building, Sto. Rosario St., Angeles City, Pampanga, after having
been duly sworn to in accordance with law, hereby depose and
say THAT:

-INTERROGATION-

1. Question (Q): Do you know what are you doing right now?
Answer (A): Yes sir.

2. Q: And what is this that you are doing right now?


A: I am giving my statement as a representative of Kaunlad
Lending Investors Corporation about the bounced check Caryll
Anne P. Juico issued to our corporation.

3. Q: Before we start, do you swear to tell the truth and only the
truth before this Judicial Affidavit?
A: Yes sir.

4. Q: Are you voluntarily testifying?


A: Yes sir.

5. Q: Do you understand that if you are found to be lying in this


questioning or procedure, you can be charged criminally for
perjury?
A: Yes sir I do.

6. Q: Do you know the private complainant in this case?


A: Yes. I know Kaunlad Lending Investors Corporation.

7. Q: How do you know that corporation?


A: I am the authorized representative of that corporation to
appear on a court or office and to give statements for this
complaint for the bouncing checks case we filed against Caryll
Anne P. Juico sir.

8. Q: Prior to this, did you give statements or affidavit?


A: Yes sir, I signed and executed a Complaint Affidavit and
sworn before the fiscal’s office sir.

9. Q: If that Complaint Affidavit will be shown to you, will you be


able to identify it?
A: Yes sir.

10. Q: Showing to you this Complaint Affidavit dated March 05,


2019, is this the Judicial Affidavit you mentioned?
A: Yes sir, that is it.

MANIFESTATION: We request that the Complaint Affidavit dated


March 05, 2019 identified by the witness be marked as part of
our evidence as Exhibits “A” to “A-1”.
11. Q: You said earlier that you are the authorized
representative what proof do you have, if any, of your
authority to represent and give statement on behalf of
complainant Kaunlad Lending Investors Corporation in this
complaint?
A: Here is our Secretary’s Certificate that proves that the board
of directors voted and authorized me to represent the
corporation to file cases and appear on behalf of the
corporation.

MANIFESTATION: The witness is handing to this representation


copy of a duly notarized Secretary’s Certificate dated January 03,
2019. We are submitting the original copy of the same
Secretary’s Certificate and we move and request that the same
be marked as part of our evidence as Exhibits “B” to “B-1.

12. Do you know the herein respondent Caryll Anne P. Juico?


A: Yes sir, I know her.

13. Q: What is the relation of the respondent with the


complainant?
A: They are parties to a credit transaction or loan agreement
where Caryll Anne P. Juico as the debtor issued post-dated
checks as her mode of payment.

14. Q: What proof do you have of the loan agreement between


Kaunlad Lending Investors Corporation and respondent Caryll
Anne P. Juico?
A: This copy of Disclosure Statement of Account was signed by
both parties with attached copy of the ID of Caryll Anne P.
Juico.

MANIFESTATION: Witness is handing to this representation copy


of a Disclosure Statement of Account dated August 08, 2016. We
submit this copy of Loan Agreement dated August 8, 2016 with
attached copy of UMID ID, and Company ID of Caryll Anne P. Juico
and we request that the same be marked as part of our evidence
as Exhibits “C” to “C-4.

15. Q: What happened to these post-dated checks that the


respondent issued to your corporation pursuant to this loan
agreement?
A: Three of these checks bounced or dishonored.

16. Q: Can you state for the record the description of these
dishonored checks that was issued by the respondent?
A: The Eastwest check with Check No. 0002922846 dated
October 22, 2016 with Bank Account No. 200014744184 for an
amount of Eleven Thousand One Hundred Pesos (PHP
11,100.00) from Eastwest Bank, Angeles Branch, Sto. Rosario
St. Brgy. San Jose Angeles City and;

The Eastwest check with Check No. 0002922843 dated


November 06, 2016 with Bank Account No. 200014744184 for
an amount of Eleven Thousand One Hundred Pesos (PHP
11,100.00) from Eastwest Bank, Angeles Branch, Sto. Rosario
St. Brgy. San Jose Angeles City and

The Eastwest check with Check No. 0002922844 dated


November 21, 2016 with Bank Account No. 200014744184 for
an amount of Eleven Thousand One Hundred Pesos (PHP
11,100.00) from Eastwest Bank, Angeles Branch, Sto. Rosario
St. Brgy. San Jose Angeles City

17. Q: Where are these checks that bounced or dishonored?


A: Here they are.

MANIFESTATION: Witness is handing to this representation


copy of the following checks: The Eastwest check with Check
No. 0002922846 dated October 22, 2016 Bank Account No.
200014744184 for an amount of Eleven Thousand One
Hundred Pesos (PHP 11,100.00) from Eastwest Bank, Angeles
Branch, Sto. Rosario St. Brgy. San Jose Angeles City and;

Witness is handing to this representation copy of the following


checks: The Eastwest check with Check No. 0002922844
dated November 06, 2016 Bank Account No. 200014744184
for an amount of Eleven Thousand One Hundred Pesos (PHP
11,100.00) from Eastwest Bank, Angeles Branch, Sto. Rosario
St. Brgy. San Jose Angeles City and;

Witness is handing to this representation copy of the following


checks: The Eastwest check with Check No. 0002922843
dated November 21, 2016Bank Account No. 200014744184
for an amount of Eleven Thousand One Hundred Pesos (PHP
11,100.00) from Eastwest Bank, Angeles Branch, Sto. Rosario
St. Brgy. San Jose Angeles City

We submit the copy of the above-described checks and we move


that the same be marked as part of our evidence as Exhibits
“C” “D”, “E”.

18. Q: What was the reason that these checks bounced?


A: Based on the stamps made on the checks, they were
dishonored for the reason of “Account Closed”, when they were
presented for payment.

MANIFESTATION: We move that the each stamped named


“Account Closed” in these three checks be marked as Exhibits
“C-1” “D-1”, “E-1”.

19. Q: You said these checks were presented for payment. What
is your proof that the checks presented for payment?
A: In the stamped at the back of each checks sir, each stamp
corresponds to our presentment of payment sir.

MANIFESTATION: We move that the each stamped at the dorsal


portions of these three checks be marked as Exhibits “C-2” “D-
2”, “E-2”.

20. Q: What did the complainant do, if any, after it learned that
the checks were dishonored or bounced?
A: Kaunlad Lending Investors Corporation sent Caryll Anne P.
Juico Notice of Dishonored check with demand to settle her
obligation within five days from receipt.

21. Q: What is your proof that you send that demand letters to
Caryll Anne P.Juico?
A: I have here the copies of the Notice of Dishonored
Check/Demand Letter dated October 27, 2016 for the Eastwest
Bank check no. 0002922846; December 02, 2016 for the
Eastwest Bank check no. 0002922843; December 02, 2016 for
the Eastwest Bank check no. 0002922844; respectively.

MANIFESTATION: Witness is handing to this representation, copy


of the Notice of Dishonored Check/Demand Letter dated October
27, 2016 for the Eastwest Bank check no. 0002922846 addressed
to Caryll Anne P. Juico, we submit the same and we move that it
be marked as part of our evidence as Exhibits “F”.

Witness is pointing to this representation, copy of the Demand


Letter dated December 02, 2016 for the Eastwest Bank check no.
0002922843 addressed to Caryll Anne P. Juico, we submit the
same and we move that it be marked as part of our evidence as
Exhibits “G”.

Witness is handing to this representation, copy of the Notice of


Dishonored Check/Demand Letter dated December 02, 2016 for
the Eastwest Bank check no. 0002922844 addressed to Caryll
Anne P. Juico, we submit the same and we move that it be
marked as part of our evidence as Exhibits “H”.

22. Q: How was the letter sent to Caryll Anne P. Juico?


A: Through personal service.
23. Q: Who received those letters?
A: They were all personally received by Caryll Anne P. Juico
herself.

24. Q: What proof do you have, if any, that the respondent


Caryll Anne P. Juico personally received those letters?
A: On the notice of dishonored letters, on the lower part, you
can see that Caryll Anne P. Juico put her signature using her
own handwriting beside the state “Notice Letter Received by:”,

MANIFESTATION: Witness is pointing to this representation the


signature of Caryll Anne P. Juico. We move and request that the
handwritten signature of Caryll Anne P. Juico in the Notice of
Dishonored Check/Demand Letter dated October 27, 2016 for the
Eastwest Bank check no. 0002922846 be marked as Exhibits “F-
1”.

Witness is pointing to this representation the signature of Caryll


Anne P. Juico. We move and request that the handwritten
signature of Caryll Anne P. Juico in the Notice of Dishonored
Check/Demand Letter dated December 02,2016 for the Eastwest
Bank check no. 0002922843 be marked as Exhibits “G-1”;

And Witness is pointing to this representation the signature of


Caryll Anne P. Juico. We move and request that the handwritten
signature of Caryll Anne P. Juico in the Notice of Dishonored
Check/Demand Letter dated December 02, 2016 for the
Eastwest Bank check no. 0002922844 be marked as Exhibits “H-
1”
.
25. Q: Aside from these documents, what proof do you have, if
anymore, that Caryll Anne P. Juico received those Notice of
Dishonored Check/Demand Letter?
A: This is the Affidavit of Service dated February 22, 2019 of
Remigio S. Napo. He is our company Operation Manager and
he personally delivered the letters to Caryll Anne P. Juico. He
also personally saw Caryll Anne P. Juico affixing her signature
on those letters.

MANIFESTATION: Witness is handing to this representation this


copy of Affidavit of Service dated February 22, 2019 executed by
Remigio S. Napo We submit the same document and we move
that it be marked as part of our evidence as Exhibit “I”.

26. Q: Did Caryll Anne P. Juico communicate to you or your


company for you not to deposit the said checks?
A: No sir.
27. Q: Did you receive any notice for you or for your company
to not deposit the said checks?
A: None sir.

28. Q: Did the respondent ever settle the obligation or amount


reflecting on the dishonored checks after she received the
Notice of Dishonored Checks/Demand Letters?

A: No, she did not pay the installments or the value as written
in her dishonored postdated checks.

29. Q: What is the result the complainant is praying for in filing


this case?

A: It is my sincere belief that Caryll Anne P. Juico should be


liable for three (3) counts of violation of B.P. Blg. 22 when she
willfully, unlawfully and feloniously make or draw and issue to
me knowing consciously failed to keep sufficient funds or to
maintain a credit to cover the full amount of the check when
our officers presented the checks within a period of ninety
days from the date appearing thereon, for which reason it is
dishonored by the drawee bank with the reason “Account
Closed” marked on all checks.

30. Q: Please raise your right hand, under your oath, do you
affirm and confirm to the truthfulness, accuracy and veracity
of this affidavit you executed and everything you answered
and mentioned above?

A: Yes.

31. Q: Thank you, Madam Witness.


A: Welcome and thank you sir.

32. Q: Are you willing to sign this Judicial Affidavit?

A: Yes sir definitely.

In WITNESS WHEREOF, I have voluntarily hereunto set my


hand this ____ day of ______________________________,year
____________ at Angeles City, Pampanga to prove that I
understand and I answered faithfully in good faith all the
questions that were asked.

ELIZABETH A. RAMIREZ
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a notary
public in and for Cebu City, Philippines this ____ th day of
____________________________, year 2019. Affiant personally came
and appeared to be the same person who personally signed the
foregoing instrument before me and avowed under penalty of law
to the whole truth of the contents of said instrument. I hereby
certify that personally examined the herein respondent and
satisfied that she freely and voluntarily executed and understood
the same.

PERCIVAL T. ATINAJA
Assistant City Prosecutor
OCP-Angeles City
Interrogating Officer

REPUBLIC OF THE PHILIPPINES)


ANGELES CITY, PAMPANGA ) S.S.

-ATTESTATION-
I, PERCIVAL T. ATINAJA, of legal age, Filipino Citizen
and with office address Ground Floor, Office of the City
Prosecutor-Angeles City, Jose Abad Santos-Angeles Hall of
Justice, Pulung Maragul, Angeles City, Pampanga, Angeles
City, Pampanga.

That I personally conducted the interrogation


ELIZABETH A. RAMIREZ, of legal age, Filipino Citizen and
with office address at 43B 3/F J.P. Rizal Avenue, Brgay.
Balite, Rodriguez, Rizal and Branch office address at 608,
2nd Floor R building, Sto. Rosario St., Angeles City,
Pampanga, as the witness in the case filed by KAUNLAD
LENDING INVESTORS CORPORATION against CARYLL
ANNE P. JUICO (3) counts of BP 22 in Angeles City.

That I faithfully in good faith recorded the questions I


asked her and the corresponding answers she gave me.

That neither I nor any other person then present


coached her regarding her answers.

PERCIVAL T. ATINAJA
Assistant City Prosecutor
OCP-Angeles City

SUBSCRIBED AND SWORN to before me in Angeles


City, Province of Pampanga, this ____th day of
_________________, 2019 by herein affiant, personally known
to me, who is the same person who personally signed before
me the foregoing affidavit and acknowledged that he
executed the same.

HON. ADMINISTERING OFFICER