sample affidavit complaint - bp 22

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Page 1: SAMPLE AFFIDAVIT Complaint - Bp 22

Republic of the Philippines )Province of Davao del Norte ) S.S.City of Tagum )x- - - - - - - - - - - - - - - - - - x

AFFIDAVIT-COMPLAINT

I, SALOME S. LIM, of legal age, Filipino, single, and a resident of Purok

Bulaklak, Mirafuentes, Tagum City, Philippines, after having been duly sworn to in

accordance with law, hereby depose and state, THAT:

1. Sometime on April 15, 2013, CHRISTINE JOY I. TENORIO obtained and was

granted a loan accommodation by Affiant in the principal amount of Fifty

Thousand Pesos (P 50,000.00), Philippine Currency;

2. That on the same date executed a Promissory Note in favor of the Affiant in the

amount of P 50,000.00 payable within 30 days from the date of the Promissory

Note (attached as Annex “A”); which read as follows:

 

Tagum City, Philippines

April 15, 2013

I promise to pay SALOME S. LIM the sum of P50,000 or order

within 30 days from this date.

Signed

CHRISTINE JOY I. TENORIO

Page 2: SAMPLE AFFIDAVIT Complaint - Bp 22

3. However, on April 30, 2013, CHRISTINE JOY I. TENORIO tendered to the

Affiant a post-dated EQUITABLE PCI BANK CHECK dated May 15, 2013, with

Serial No. 0216702, amounting to FIFTY THOUSAND PESOS (P 50,000.00),

Philippine Currency, supposedly representing her payment for the said

Promissory Note. Photocopy of the said check is hereto attached and marked as

Annex “B”;

4. Consequently, when negotiated/presented for payment to the drawee bank,

aforesaid check was returned unpaid by the Bank of the Philippine Islands

(BPI), Tagum Branch with business address at Pioneer St.,Tagum City, on the

specified date therein, for reason that it is “DRAWN AGAINST INSUFFICIENT

FUNDS”, as seen in the attached Annex “C” hereof;

5. Proper notifications and demand were made and sent to CHRISTINE JOY I.

TENORIO, the latter being the signatory of the check, so that she could replace

them with CASH and/or settle said accountability with the reason of the return

thereof. Copy of the latest demand letter is hereto attached and marked as

Annex “D” hereof;

6. In spite of the successive demand letter sent by the affiant’s counsel,

CHRISTINE JOY I. TENORIO, failed and refused, and continue to fail and refuse

to redeem in cash the face amount of the unfunded returned check. Filing of this

case was even suspended for almost several times already just to give her the

ample time and opportunity to settle her obligations in full, but the same served

futile;

7. I am executing this affidavit to attest to the truth of the foregoing facts and for the

purpose of charging CHRISTINE JOY I. TENORIO for violation of the provisions

of BATAS PAMBANSA BLG. 22.

Page 3: SAMPLE AFFIDAVIT Complaint - Bp 22

IN WITNESS WHEREOF, I have hereunto affixed my signature this January 17,

2014 in the City of Tagum, Davao del Norte, Philippines.

SALOME S. LIM Affiant

SUBSCRIBED AND SWORN TO before me this January 20, 2014 at Tagum

City, Davao del Norte, Philippines. I HEREBY CERTIFY that I have personally

examined the affiant and that I am fully satisfied that she voluntarily executed and

understood the same.

ATTY. CARLA BLANCA S. MAISONotary Public

Until December 31, 2015Roll of Attorney 70177IBP No. 1376 June 20, 2014 PTR No. 17656Issued at Tagum CityOn January 10, 2014

Doc. No. 12Page No. 3Book No. 1Series of 2014