Republic of the Philippines

OFFICE OF THE CITY PROSECUTOR

City of Maduya, Carmona, Cavite

JUSTIN BRIAN F. BORBON,

Complainant,
For: Violation of B.P. 22

-versus-

GREGORY MATTHEW T. HAO,

Respondent.
X---------------------------------------x

COMPLAINT-AFFIDAVIT

I, Justin Brian F. Borbon, Filipino, of legal age, single, and a resident

of Block 10, Lot 26, San Carlos Village, Banay-Banay, Cabuyao, Laguna,
after being sworn in accordance with law, hereby depose and state that:

1. Gregory Matthew T. Hao is a Chinese, single, of legal age, and a

resident of 1098 Street, Maduya, Carmona, Cavite, Philippines;

2. Sometime in the morning of September 25, 2012, at the JBB

Advertising Agency, said Mr. Hao issued in complainant’s favor a
Philippine National Bank Check no. 487710 in the amount of P 12,
345, 678.00 as supposed payment for the advertising services for the
promotion of his Chinese Restaurant;

3. The said check was drawn against the account of Mr. Hao at
Philippine National Bank with account number 1122 3344 55667788;
4. At the time Mr. Hao issued the delivered check to me, he made the
assurance and representation that the check is a good check and
would be covered by sufficient funds when represented for payment;

5. However, when the check was deposited, the same was dishonored
and returned by the bank on the ground that the same was drawn
against a “CLOSED ACCOUNT.” A machine copy of the said check is
hereto attached as Annex “A”;

6. As a result, complainant immediately notified Mr. Hao of the dishonor

and return of the said check and demanded from him that he make
good the said check within five (5) days from receipt hereof, in
accordance with Section 2 of B.P. Blg. 22. A machine copy of the
said demand letter is hereto attached as Annex “B”;

7. When said respondent failed to heed the demands of the

complainant, he endorsed the said check to his legal counsel who
immediately sent a formal demand letter to Mr. Hao through
registered mail on October 6, 2012, which was received by Mr. Hao
personally on the same day. A machine copy of the formal demand
letter is attached hereto as Annex “C”;

8. As of date however, Mr. Hao has unjustifiably ignored all these

demands to pay the said account and/or to redeem the returned
check;

9. Wherefore, premises considered, Complainant respectfully prays that

after notice and hearing, the Respondent be indicted for violation of
B.P. BLG. 22 and for the complainant to recover his claim of eighty
thousand Pesos, plus moral damages on the amount of one hundred
thousand Pesos, attorney’s fees on the amount of ninety-five
thousand Pesos, and costs of suit.
 TO THE TRUTH OF THE FOREGOING, ​I have signed this
Complaint-Affidavit on October 19, 2012, at the Office of the City
Prosecutor, Maduya, Carmona, Cavite.

JUSTIN BRIAN F. BORBON

Complainant-Affiant

SUBSCRIBED AND SWORN to before me this October 19, 2012 at

the Office of the City Prosecutor, Maduya, Carmona, Cavite. I hereby
certify that I have examined the Affiant and that I am fully satisfied that he
has voluntarily executed and understood the contents of his
Complaint-Affidavit.

NARCISO EMANUEL REGATTA

Administering Officer
ANNEX A
ANNEX B

Mr. Gregory Matthew T. Hao

1098 Street
Maduya, Carmona, Cavite

September 27, 2012

Dear Mr Hao,

In July of this year, we have done advertising services for your Chinese Restaurant which
totaled to the amount of 12, 345, 678 pesos. You have issued a check against Philippine National
Bank but the same was dishonored and returned on the ground that it was a “CLOSED
ACCOUNT.”

In line with this, I am requesting you to complete the payment within five days. If this
matter is not resolved by the time specified, I reserve the right to commence legal proceedings to
recover said money without further notice to you and this letter may be tendered in court as
evidence of your failure to pay.

Sincerely yours,

Justin Brian F. Borbon

President, JBB Advertising Agency
ANNEX C

DEMAND LETTER

October 3, 2012

To: Mr. Gregory Matthew T. Hao

Address: 1098 Street, Maduya, Carmona, Cavite

Dear: Mr. Hao

I write on behalf of JBB Advertising Agency.

Despite several oral demands given to you, the latest of which was September 27, 2012, to pay
the sum 12, 345, 678 pesos, you have failed and continue to fail to this date, to pay your
outstanding obligation to the Agency.

Accordingly, this final demand is hereby made upon you to restore and pay to the Company the
full amount of PHP 12, 345, 678 within 5 days from your receipt of this demand letter.
Otherwise, we shall file the necessary criminal and civil action against you to protect our client’s
interests.

For payment arrangements, kindly contact Justin Brian Borbon.

Very truly yours,

Atty. Simeon Ferrer Gonzalo