Legal Writing Exercise
Legal Writing Exercise
Department of Justice
Office of the City Prosecutor
Taguig City
-versus-
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Affidavit of Complaint
I, Rogelio S. Cuenco, of legal age, Filipino, residing at Blk 316, Lot 19, Maya St.,
Zone 10, Rizal, Makati City, after having been duly sworn to in accordance with
law, do hereby depose and state that:
4. Respondent Sampaga told to me that: (1) Spouses Dy were indeed the owners
of the unit; (2) the contract price was Php 6,892,400.00); (3) the total amortization
paid was in the amount of Php 2,799,107.12; and (4) the Contract to Sell was
genuine.
5. I agreed to the assignment of the unit and write off the debt of Spouses Dy
owing to respondent Sampaga’s assurance and reliance to his authority as sales
manager and authorized salesperson of Alveo Land.
6. On April 16, 2019, I paid Spouses Dy an initial amount of Php 500,000.00 and
paid them in tranches the succeeding amounts:
No. Date Amount
1 16 April 2019 Php 500,000.00
2 17 April 2019 Php 500,000.00
3 23 April 2019 Php 500,000.00
4 03 May 2019 Php 500,000.00
5 17 May 2019 Php 150,000.00
6 15 May 2019 Php 100,000.00
7 03 July 2019 Php 100,000.00
Total Php 2,350,000.00
The payment made on 16 April 2019 as well as all succeeding payments were
made in Taguig City.
A copy of the deed of assignment and transfer of rights is hereto attached as Annex
“C”.
10. Since the agreed assignment never happened, I was defrauded by the
respondents in the total amount of 2,350,000.00.
A copy of the notice of demand and notice of final demand are hereto attached as
Annex “D”.
10. On the basis of such facts and evidence, I hereby charge Spouses Dy, residing
at 2137-a, Lourdes St., San Miguel Village, Poblacion, Makati City and Jhunnel
Sampaga, residing at 2nd Floor, Building 7, Bonifacio High Street, Bonifacio
Global City, Taguig City, 1634, with the crime of estafa under Article 315, par. 2
(a) of the Revised Penal Code which penalizes fraud or deceit when committed as
follows:
Art. 315. Swindling (estafa). - Any person who shall defraud another by any means
mentioned herein below shall be punished by:
xxx
2. By means of any of the following false pretenses or fraudulent acts
executed prior to or simultaneously with the commission of fraud:
(a) By using fictitious name, or actions, falsely pretending to possess power,
influence, qualification, property, credit, agency, business or imaginary
transactions, or by means of other similar deceits.
xxx
12. The elements of the crime of estafa under the foregoing provision are: (1) there
must be a false pretense, fraudulent acts or fraudulent means; (2) such false
pretense, fraudulent act or fraudulent means must be made or executed prior to or
simultaneously with the commission of the fraud; (3) the offended party must have
relied on the false pretense, fraudulent act or fraudulent means and was thus
induced to part with his money or property; and (4) as a result thereof, the offended
party suffered damage.
In the case of Lopez vs. People of the Philippines, GR. No. 199291, July 31, 2013,
the Court found the defendant guilty as charged and enunciated that:
The act of deliberately misrepresenting to the private complainant that Primelink had the
necessary authority or license to pre-sell shares in Subic Island Club, and the act of
collecting money from private complainant only to renege on the promise to turn over
said share and for failure to return the money collected from the private complainant,
despite several demands, are clearly acts attributable to herein accused Lopez and amount
to estafa punishable under Article 315, paragraph 2(a), of the Revised Penal Code.
11. I am executing this affidavit to attest to the truth of the foregoing facts. I will
elaborate further on the facts of this case when called to testify against the
respondents.
ID No. ______
Issued on: ______
I hereby certify that I have personally examined the affiant and I am satisfied that
he has freely executed this affidavit, and the allegations therein are fully
understood by him.
________________________
Prosecutor