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Plaintiff,: Regional Trial Court
Plaintiff,: Regional Trial Court
COMPLAINT-AFFIDAVIT
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“When a signature is forged or made without the
authority of the person whose signature it purports to
be, it is wholly inoperative, and no right to retain
the instrument, or to give a discharge therefor, or to
enforce payment thereof against any party thereto, can
be acquired through or under such signature,
unless the party against whom it is sought to enforce
such right is precluded from setting up the forgery or
want of authority.”
9. That Ms. Calocojan a.k.a. “Magna Nacao” was the external auditor of
Montessori inclusive of Fiscal Years 2014 to 2018;
11. That Ms. Calocojan drawn herself as the payee of the said check(s),
filled up the material particulars without authority, forged the
signature of the Plaintiff (as evidenced by the findings of PNP Crime
Lab, “ANNEX E”, in support of Ms. Calocojan’s admission), and
presented the checks for encashment on the dates incorporated in
Annex C, at the Defendant’s bank, to her own benefit and to the
prejudice of the Plaintiff;
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12. That Defendant bank accepted and encashed the said forged
check(s) upon the presentment for payment, and debited such
amounts from the account of Montessori;
13. That under “Annex E,” the PNP Crime Lab report, the questioned
signatures of Ms. Min A. Chin appearing in the checks marked “Q-1”
to “Q-9” and the standard signatures submitted for comparison
marked “S-1” to “S2” inclusive, were written by two different
persons;
14. That Defendant bank, who was in a better position to determine the
genuineness of the check presented before it, failed to exert the
required due diligence and care in the prevention of such faulty
discharge, as stated in the case of Samsung Construction
Company Philippines, Inc. v. Far East Bank and Trust
Company, Inc., G.R. No. 129015, August 13, 2004, 436 SCRA
402, 421:
15. That on 24 July 2018, upon learning of such external audit report,
the Plaintiff immediately proceeded to the Defendant bank and
made known to the bank’s Branch Manager - Leilane C. Cabras that
she neither prepared the said check(s) nor attached her signature
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thereto; that her purported signature therein was forged and that
reimbursement should be made. The bank’s Branch Manager
promised to credit back the amount but only after it had completed
its own investigation;
17. That the Plaintiff spent Php100,000.00 for attorney’s fees for the
filing of this complaint-affidavit.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed unto
this Honorable Court that judgment be rendered in favor of the Plaintiff and
that after judgment:
Such other reliefs and remedies under the said premises are likewise
prayed for.
______________________
Atty. Jennifer A. Lopez
Counsel for the Plaintiff
PTR No. 18909595:1-04-07:B.C.
IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97:
Rm. 4 2/F Rockwell Center
180 Lacson, Mandaluyong City
th
5 MCLE Compliance No.IV-0025415
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