REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION

MUNICIPAL TRIAL COURT IN CITIES
Bacoor City, Cavite

People of the Philippines,

Plaintiffs,

-versus- Criminal Case No. 18-7133

For: Violation of BP 22
Jesselita Felisilda,
Mario B. Felisilda
Accused,

x - - - - - - - - - - - - - - - - - - - - -x

JUDICIAL AFFIDAVIT

I, WILFREDO F. ARCIGA, Filipino, of legal age, married and a resident of

B15 L21 Klien St., Molino Homes 1, Brgy. Molino 3, Bacoor City, Cavite,
The complainant in this case, state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. Antonio T. Nicolas with address at

Pagtakhan St., Poblacion, Bacoor City, Cavite. The examination is being
held at the same address.

I am answering his questions fully conscious that I do so under oath and

may face criminal liability for false testimony and perjury.

PURPOSE:

This Affidavit is being offered to prove that Defendant, Felisilda issued

several DISHONORED CHECKS to Wilfredo F. Arciga, the Complainant in
this case.

It is respectfully prayed that this Judicial Affidavit of Mr. Wilfredo F. Arciga

be admitted as the Direct Examination of the witness in order to expedite
the proceedings.
DIRECT EXAMINATION QUESTIONS:

1. Q: Mr. Witness, please state your name and other personal

circumstances for the record.
A: I am Wilfredo F. Arciga, Filipino, 57 years old, married, and a resident
of B15 L21 Klien St., Molino Homes 1, Brgy. Molino 3, Bacoor City,
Cavite.

2. Q: Are you the same complainant in this case?

A: Yes I am.

3. Q: Do you know a certain Felisilda?

A: Yes I do.

4. Q: How do you know her?

A: She is a regular customer in my lending business. She came into my
house one day together with her friend and borrowed Php60,000.00. To
guarantee the amount of money she borrowed, she issued a check
worth Php60,000.00 and OR/CR of Isuzu Jitney.

5. Q: When was this? Can you recall?

A: Yes, this happened on October 5, 2017.

6. Q: After the loan obligation of Jesselita Felisilda became due what did
you do if any?
A: I demanded payment from Jesselita Felisilda verbally.

7. Q: Has Jesselita Felisilda paid her loan obligation upon your demand?
A: No.

8. Q: When Jesselta failed to pay her loan obligation with you what did you
do next if any?
A: I sent demand letter to Jesselita Felisilda through Atty. Nicolas.

9. Q: Now going back to the check, what was the name of the bank?
Would you know what branch?
A: Yes. It was a University Bank Check, GMA, Cavite.

10. Q: Showing to you a University Bank Check drawn attached as

Annex “A”, can you confirm if this is the same check that Mrs. Felisilda
issued to you?
A: Yes, that is the one.
11. Q: At that time that Mrs. Felisilda issued the check, was there anything
else that she did, if any?
A: Yes. She gave me the assurance that the check is good and that it
will be covered by sufficient funds when presented for payment.

12. Q: After Mrs. Felisilda failed to comply with your demand to pay, what
did you do next? If any?
A: I deposited the check to my BDO account at SM Molino Branch.

13. Q: After you deposited the check, what happened next, if any?
A: I was shocked when I was informed by my bank that the check Mrs.
Felisilda issued bounced. The bank informed me that it was drawn
against a “CLOSED ACCOUNT”.

14. Q: Upon learning of the dishonoured check, what did you do next? If
any?
A: I immediately informed Mrs. Felisilda of the dishonoured check and I
demanded from her that she make good the said check within 10 days.

15. Q: You said that you made a demand, how did you do this? Was this
oral or written?
A: I called her first then I also sent a written demand.

16. Q: Showing to you a demand letter, attached as Annex “B”, can you
confirm if this is the same demand letter that you sent to Mrs. Felisilda?
A: Yes that is the demand letter that I sent her.

17. Q: After you sent the demand letter, what happened next? If any?
A: She called me and apologized for the bounced check. She told me
that she will just pay her loan obligations in cash, but until now no
payment was made.

18. Q: When she failed to pay her loan obligations, what did you do next? If
any?
A: I consulted with my Legal Counsel again.

19. Q: After you consulted with your Legal Counsel, what happened next? If
any?
A: My Legal counsel sent a formal demand letter through registered
mail.
20. Q: Showing to you a demand letter, attached as Annex “C”, can you
confirm if this is the same demand letter that your counsel sent to Mrs.
Felisilda?
A: Yes that is the demand letter that we sent her.

21. Q: After Mrs. Felisilda received the demand letter, what happened next,
if any?
A: Nothing. She continues to ignore the demand to pay.

22. Q: As of this time, has the amount of Php60,000.00 been paid?

A: No. Mrs. Felisilda has not paid a single centavo for the amount she
borrowed.

IN WITNESS WHEREOF, I have hereunto set my hand this 13th day

of January at Bacoor City, Cavite.

_________________
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in

and for Bacoor City this 13th day of January 2020. Affiant personally came
and appeared with Driver’s Licensed No. NO3-95-190362 issued by the
Land Transportation Office at Las Piñas City, bearing his photograph and
signature, known to me as 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.

________________________
Notary Public

Doc. No.______;
Page No. ______;
Book No.______;
Series of 2020.
 I, ATTY. ANTONIO T. NICOLAS, of legal age, Filipino, with office
address at Pagtakhan St., Poblacion Bacoor City, Cavite, after being duly
sworn depose and say:

1. I was the one who conducted the examination of witness, Wilfredo

Arciga at my aforementioned office in Pagtakhan St., Poblacion
Bacoor City, Cavite;

2. I have faithfully recorded or caused to be recorded the questions I

asked and the corresponding answers that the witness gave;

3. I nor any other person then present or assisting her coached the
witness regarding his answers;

IN WITNESS WHEREOF, I have hereunto set my hand this 13th day

of January 2020 at Bacoor City, Cavite.

ATTY. ANTONIO T. NICOLAS

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in

and for Bacoor City this 13th day of January 2020. Affiant personally came
and appeared with Driver’s Licensed No. NO3-95-190362 issued by the
Land Transportation Office at Las Piñas City, bearing his photograph and
signature, known to me as 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.

______________________
Notary Public

Doc. No.______;
Page No. ______;
Book No.______;
Series of 2015.