BP 22 Legforms 2020

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Republic of the Philippines

OFFICE OF THE CITY PROSECUTOR
Marikina City
National Bank of Angeles, Inc. (“NBAI”),

as represented by Katya Garci
Complainant
I.S. No. _____________

FOR: Violation of B.P. Blg. 22
- versus -
Anthony James,
Respondent
x -----------------------x
COMPLAINT-AFFIDAVIT
THE UNDERSIGNED COMPLAINANT respectfully alleges:
I, Katya Garci, of legal age, Filipino, single, the Collection’s Officer and
legal representative in this case of National Bank of Angeles, Inc.
(“NBAI”) a domestic corporation duly organized and existing under and by
virtue of Philippine laws, with principal office at 24 th Floor Zuellig Building,
Makati Ave. corner Paseo de Roxas Ave, Philippines, after having been duly
sworn to in accordance with law, hereby accuses:
Anthony James (“James”), single, a resident of 123 Lakers Road,

Antipolo, Rizal where he may be served with summons and notices may be
served for violation of BP22 committed as follows:
2. That on 01 January 2020, the respondent borrowed from the

complainant through its authorized representative May Bush, at the
company’s principal office, a sum of money amounting to Ten Million Pesos
(PhP10,000,000.00) with an agreed interest of 20% interest per month as
evidenced by the Contract of Loan herein attached as Annex “A” and form
an integral part of this complaint;
3. That on the same day the respondent issued a Promissory Note

promising to pay the plaintiff Twelve Million Pesos (PhP12,000,000.00)
corresponding to the amount of the loan plus interest. As security he then
issued a series of Twelve (12) post-dated Bank of the Philippine Islands
checks, with the check numbers 00001, 00002, 00003, 00004, 00005, 00006,
00007, 00008, 00009, 00010, 00011, 00012 respectively with a face value of
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One Million Pesos (PhP1,000,000.00) each that are demandable every first
of the month starting from July 1st 2020 ending on June 1st 2021. The
Promissory Note is attached herein as Annex “B” and the Twelve (12) post-
dated checks are attached herein as Annex “B1-B12” respectively;
3. That when Check Nos. 00001, 00002, 00003 were deposited on

July 1st, August 1st, September 1st 2020 respectively, at the Bank of the
Philippine Islands Rufino Tower Branch in Makati, all of them were
returned due to insufficiency of funds;
4. That the complainant sent a Notice of Dishonor and Demand of

Payment to the defendant, giving the latter Five (5) days to pay the Three
Million Pesos (PhP3,000,000.00) or the face value of the three checks that
were dishonored by the bank. However, despite the receipt of the letter, the
defendant still refused to comply with our demand. The Notice of Dishonor
and Demand for Payment is attached herein as Annex “C” and the Registry
Return Receipt issued by the Philippines signed by the defendant as an
evidence that he received the Notice of Dishonor and Demand for Payment
as Annex “C-1”.
5. That due to the continuous failure of the defendant to make good of

his obligation the corporation suffered financial setbacks which resulted to a
manifest prejudice and damage to the corporation.
6. Further in order to enforce its rights and interests, the corporation

sought the services of a legal counsel with attorney’s fees amounting to One
Hundred Thousand Pesos (PhP 100,000.00) and an appearance fee of
Twenty Thousand Pesos (PhP 20,000.00) per hearing as evidenced by
Annex “D” – Contract for Legal Services;
7. That the plaintiff has paid for litigation expenses amounting to

Twenty Thousand Pesos (PhP 20,000.00) as evidenced by Annex “E” –
Official Receipt;
8. That I am therefore executing this complaint affidavit in order that

a criminal case for violation of Batas Pambansa Blg. 22 may be filed against
the respondent Anthony James for the purpose of recovering the face value
of the above mentioned checks, plus the corresponding interest, damages
and legal costs which may have been incurred by the corporation in
connection with this case;
9. That to the best of my knowledge the defendant Anthony James

may be served with subpoenas and other processes of this Honorable Office
at of 123 Lakers Road, Antipolo, Rizal.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 23rd

of October, 2020.
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KATYA GARCI
Collection’s Officer
Legal Representative
National Bank of Angeles, Inc.
Driver’s License No. #010002200
Issued at Makati City
SUBSCRIBED AND SWORN to before me on this 23rd of October, 2020 in

Makati City.
CERTIFICATION
I hereby certify that I have examined the Affiant and that I am fully satisfied
that he has voluntarily executed and understood that contents of his
Complaint-Affidavit.
ATTY. GWEN TAYLOR

Notary Public
Until December 31 2020
Roll of Attorney No. 123134
IBP No. 2313133
PTR No. 42552
On January 12, 2020
DOC No. 6
Page No. 9
Book. No. 3
Series of 2020
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SECRETARY’S CERTIFICATE
I, MAUI K. SANTOS, of legal age, with residential address at Rm.

18 VVA HB Condominium Sta. Mesa St. Santa Mesa Manila, after having
been sworn to in accordance with law, do hereby depose and state:
I am the Corporate Secretary of National Bank of Angeles, Inc., a

corporation duly organized and existing under and by virtue of the laws of
the Philippines with the principal business address at 24th Floor Zuellig
Building, Makati Ave. corner Paseo de Roxas Ave;
At a Special Meeting of the Board of Directors wherein a quorum was

present, the following resolution was unanimously approved and adopted to
wit:
“RESOLVED AS IT IS HEREBY RESOLVED, that

Katya Garci, the company’s Collections Officer, is
authorized to represent the company in the criminal case
before the Office of the Public Prosecutor of Makati
entitled National Bank of Angeles, Inc.vs Anthony
James, for and in behalf of the corporation with full and
special power and authority to do and perform whatever
she may deem necessary, in pursuing the case before the
Trial Court, Court of Appeals and any other Court and
Quasi-Judicial Body including but not limited to causing
the preparation and filing of Complaints, Appeal, other
pleadings, motions and other papers, verifying the
allegations therein, executing the affidavits or sworn
statements, giving testimonies, and making certifications
against forum shopping”.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed

my signature this 22nd day of October 2020, at the City of Makati.
MAUI K. SANTOS
Corporate Secretary
National Bank of Angeles,
Inc.
SUBSCRIBED AND SWORN to before me, this 22nd October at

Makati City, affiant exhibited to me her Driver’s License with License
#010002200 issued on January 10, 2019 at Makati, Philippines.
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ATTY. GWEN TAYLOR

Notary Public
Until December 31 2020
Roll of Attorney No. 123134
IBP No. 2313133
PTR No. 42552
On January 12, 2020
DOC No. 5
Page No. 9
Book. No. 3
Series of 2020

BP 22 Legforms 2020

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1

Republic of the Philippines

National Bank of Angeles, Inc. (“NBAI”),

I.S. No. _____________

THE UNDERSIGNED COMPLAINANT respectfully alleges:

Anthony James (“James”), single, a resident of 123 Lakers Road,

2. That on 01 January 2020, the respondent borrowed from the

3. That on the same day the respondent issued a Promissory Note

3. That when Check Nos. 00001, 00002, 00003 were deposited on

4. That the complainant sent a Notice of Dishonor and Demand of

5. That due to the continuous failure of the defendant to make good of

6. Further in order to enforce its rights and interests, the corporation

7. That the plaintiff has paid for litigation expenses amounting to

8. That I am therefore executing this complaint affidavit in order that

9. That to the best of my knowledge the defendant Anthony James

IN WITNESS WHEREOF, I have hereunto affixed my signature this 23rd

SUBSCRIBED AND SWORN to before me on this 23rd of October, 2020 in

ATTY. GWEN TAYLOR

I, MAUI K. SANTOS, of legal age, with residential address at Rm.

I am the Corporate Secretary of National Bank of Angeles, Inc., a

At a Special Meeting of the Board of Directors wherein a quorum was

“RESOLVED AS IT IS HEREBY RESOLVED, that

IN WITNESS WHEREOF, I have hereunto set my hand and affixed

SUBSCRIBED AND SWORN to before me, this 22nd October at

ATTY. GWEN TAYLOR

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