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  • Regional Trial Court: COUNSEL'S MANIFESTATION: This Judicial Affidavit of

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    Quijano Reeves
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    This judicial affidavit summarizes a transaction between Marian Dizon and Mark Tan where Dizon sold several cavans of palay to Tan in exchange for a postdated check for ₱500,000. However, the check was dishonored when presented for payment as the account was closed. Dizon made multiple attempts to demand payment from Tan after the check bounced but was unsuccessful. As a result, Dizon suffered financial losses and filed a case against Tan and his wife Lilian Tan to seek reimbursement for the amount owed.

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    This judicial affidavit summarizes a transaction between Marian Dizon and Mark Tan where Dizon sold several cavans of palay to Tan in exchange for a postdated check for ₱500,000. However, the check was dishonored when presented for payment as the account was closed. Dizon made multiple attempts to demand payment from Tan after the check bounced but was unsuccessful. As a result, Dizon suffered financial losses and filed a case against Tan and his wife Lilian Tan to seek reimbursement for the amount owed.

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    © All Rights Reserved
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    271 views11 pages

    Regional Trial Court: COUNSEL'S MANIFESTATION: This Judicial Affidavit of

    Uploaded by

    Quijano Reeves
    This judicial affidavit summarizes a transaction between Marian Dizon and Mark Tan where Dizon sold several cavans of palay to Tan in exchange for a postdated check for ₱500,000. However, the check was dishonored when presented for payment as the account was closed. Dizon made multiple attempts to demand payment from Tan after the check bounced but was unsuccessful. As a result, Dizon suffered financial losses and filed a case against Tan and his wife Lilian Tan to seek reimbursement for the amount owed.

    Copyright:

    © All Rights Reserved
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    Flag for inappropriate content
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    of 11

    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT


    THIRD JUDICIAL REGION
    BRANCH 86
    STA. ROSA

    THE PEOPLE OF THE


    PHILIPPINES,
    Plaintiff,

    - versus - CRIM. CASE NO.1352414


    For: ESTAFA through
    Violation of BP 22

    Sps. Mark Tan and Lilian Tan


    Accused.
    x- - - - - - - - - - - - - - - - - - - - - x

    JUDICIAL AFFIDAVIT

    I, Marian Dizon, of legal age, with residence at Sta. Rosa, Nueva


    Ecija and can be served notices through my counsel’s address at Unit 1 QCG
    Building, Mabini Ext. Cabanatuan City hereby under oath state that:

    PRELIMINARY STATEMENT

    1. I was examined by Atty. Gerald Quijano with office address


    at Quijano Cogay Galvez Law Firm located at Unit 1 QCG Building,
    Mabini Ext. Cabanatuan City. This examination was held at the
    same address.

    2. I answered the examining lawyer’s questions truthfully, fully


    conscious that I do so under oath and I am fully aware that I may be
    criminally liable for false testimony and perjury.

    COUNSEL’S MANIFESTATION: This Judicial Affidavit of


    Marian Dizon is executed to serve as her direct testimony in the instant case
    and is being offered to prove and establish the following:

    3.1 She is the complainant in this case;


    3.2 She had a transaction with Mr. Mark Tan wherein she sold
    several cavans of palay and in exchange of such Mr. Mark Tan issued BDO
    Check No. 12345 dated April 5, 2020, under the account of Ms. Lilian Tan,
    in the amount of Php 500,000.00 which were dishonored by the drawee
    bank when presented for payment, thereafter a notice of dishonor and
    demand for payment was sent to the accused but despite receipt failed to pay
    his obligation;

    3.3 Due to the his failure to make good of the check and settle his
    obligation, thus causing prejudice and damage to the Complainant;

    3.4 To prove all other material allegations set forth in the


    Complaint;

    3.5 To identify documents in support of her testimony and will


    testify on other related matters.

    The following questions were propounded by Atty. Gerard


    Quijano and these questions are numbered consecutively and each question
    is followed by the answer of the witness.

    QUESTIONS AND ANSWERS


    IN LIEU OF ORAL TESTIMONY

    1. Question: Good morning. Can you please state your name, age and
    other personal circumstances?
    Answer: I am Marian Dizon, 35 years old, a businesswoman and a
    resident of Sta. Rosa, Nueva Ecija.

    2. Question: What is the nature of your business?


    Answer: I am engaged in selling of Palay.

    3. Question: Are you the same Marian Dizon, the private complainant in
    this case?
    Answer: Yes sir.

    4. Question: Do you personally know the accused Mr. Mark Tan and
    Mrs. Lilian Tan?
    Answer: No sir. Mr. Mark Tan was only introduced to me by my
    trusted friend, BETH CRUZ, as one of the buyer of my palay
    which took place on April 5, 2020. It was only on that very same day
    of the transaction that I personally meet Mr. Mark Tan.

    5. Question: What do you know about the relationship of BETH CRUZ


    and the accused?
    Answer: I do not have knowledge as to how they are related to each
    other sir.

    6. Question: What transaction did you have with him?


    Answer: I sold him several cavans of palay

    7. Question: How much was the agreed price of the sale of the said
    cavans of palay?
    Answer: The agreed price is Php 500,000.00.

    8. Question: Did you made a written contract of sale on the selling of


    cavans of palay?
    Answer: No sir. We just entered into an oral contract of sale of my
    goods sir, wherein I parted him cavans of rice worth P500,000. As a
    consideration for such, he issued me a postdated check covering the
    said amount sir in the account name of Lilian Tan, spouse of Mark
    Tan.

    9. Question: Do you have proof of your transaction, if there is any?


    Answer: I have here a copy of the notebook which contains the
    number of cavans of palay sold and the purchase price with our
    signature.

    (Witness presented and identified copy of the written note dated April
    5, 2020 which was marked during the Pre-trial as Exhibit “A”)

    10.Question: Did anyone witness the transaction?


    Answer: Yes sir. My katiwala, Mr. Bert Santos witnessed it.

    11.Question: Is this the check you’re talking about?


    Answer: Yes sir. That was the check I’m referring to.

    (Witness identified BDO Check No. 12345 dated April 5, 2020 with
    amount of Php 500,000.00 which was marked during the Pre-trial as
    EXHIBIT “B”

    12.Question: To whose account was the check registered?


    Answer: It is registered under the account name of LILIAN TAN,
    which Mr. Mark Tan told me that said person is his wife.

    13.Question: Did you ask why was it not registered under Mark’s name
    upon its issuance? What did Mark Tan told you when he issued the
    check?
    Answer:Yes sir. He said that his wife is the Treasurer of their family,
    the reason why the check is under Lilian Tan’s Account Name. I have
    reposed my trust and confidence in the transaction since he was
    introduced to me by my friend BETH CRUZ. He told me that the
    check had a sufficient amount sir to cover the consideration of the
    sale.

    14.Question: What happened next upon the presentation of check at the


    BDO?
    Answer: I presented the BDO Check No. 12345 dated April 5, 2020
    at BDO Sta. Rosa Branch on April 24, 2020 and it was dishonored by
    the bank because the account was already closed.

    15.Question: Did you inform Mark Tan about it and how?


    Answer: Yes sir. I went at Mark Tan given address many times to
    demand payment since the check was dishonored. However, I was not
    able to talk to him because it seems that he is avoiding me. I also tried
    to connect with Beth Cruz to ask but she also cannot be reached.

    16.Question: What did you do, after series of demand?


    Answer: I asked the assistance of a lawyer to notify them that the
    check was dishonored and to demand payment through a letter.

    17.Question: What is you proof, if there is any?


    Answer: I have here the copy of the notice of dishonor and demand
    letter sent via registered mail sent to their address and the registry
    receipt thereof.

    (Witness presented and identified a letter dated September 4, 2020


    which was marked during the Pre-trial as Exhibit “C” and one (1)
    registry receipt which were marked during the Pre-trial as Exhibit
    “D”.)

    18.Question: What happened next, if there is any?


    Answer: The obligation is still not settled because they failed to pay
    me.

    19.Question: Did you suffer great loss as a result of this transaction?


    Answer: Yes sir. Especially this time of Pandemic. I was expecting
    that the payment be settled since it’s for the school expenses of my
    children.
    20.Question: What happened to your business then?
    Answer: We still continue our business but we had a hard time to
    recover such huge amount.

    21.Question: Why did you file a case now?


    Answer: I file this case in order to demand reimbursement, and to
    protect my rights under the law.

    22.Question: What do you want this Honorable Court do with respect to


    the case you filed against the accused?
    Answer: I am praying that the accused be penalized accordingly and
    the amount of the bounced checks be wholly returned to me.

    IN WITNESS WHEREOF, I have hereunto affixed my signature below this


    judicial affidavit this September 14, 2020 hereat Cabanatuan City.

    MARIAN DIZON
    Affiant
    ID No. VIN-0001-1234567MD-001

    SUBSCRIBED AND SWORN to before me this 14th day of September


    2020 at Cabanatuan City, Philippines

    Administering Officer/Notary Public

    ATTY. MONIQUE GALVEZ


    Roll No. 54579-2006
    IBP No. 808797-1/3/12
    MC LE Compliance III No. 0013821
    Issued on April 22, 2018

    Doc No. ___117_;


    Page No. __12__;
    Book No. __4___;
    Series of 2020.
    ATTESTATION CLAUSE

    I, Atty. Gerard Quijano, after being duly sworn to in accordance


    with law, hereby attest under oath that:

    1. I am the lawyer who conducted the examination of witness in the


    above Judicial Affidavit.

    2. I faithfully recorded the questions propounded and the


    corresponding answers given by the witness Marian Dizon. I duly
    Interpreted the questions I asked in the Tagalog dialect which the
    witness understands and she provided the answers the best way she
    could which were duly translated by me in the ENGLISH Language.

    3. I did not in any way coach or taught or instruct the witness on how
    to answer or any other person or persons then present or assisting the
    witness regarding the latter’s answers.

    ATTY. GERARD QUIJANO


    Affiant

    SUBSCRIBED AND SWORN TO before me this 14 th day of


    September, 2020 hereat Cabanatuan City. Affiant exhibited to me his IBP
    Identification Card with Roll No. 51379-2006.

    Administering Officer/Notary Public

    ATTY. MONIQUE GALVEZ


    Roll No. 54579-2006
    IBP No. 808797-1/3/12
    MC LE Compliance III No. 0013821
    Issued on April 22, 2018
    Doc. No. 118_;
    Page No. _12__;
    Book No. _4___
    Series of 2020

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