sample affidavit complaint - bp 22
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sample affidavit complaint bp 22TRANSCRIPT
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
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.
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