Affidavit Complaint Exequiel

Republic of the Philippines)
Caloocan City )S.S.
AFFIDAVIT-COMPLAINT
AFFIANT-COMPLAINANT, Exequiel B. Adora, of legal age, Filipino,

and resident of Block 19, Lot 11, Amarilyo Street, Palmera Springs 1, Barangay
175, Caloocan City, after having sworn under oath in accordance with law, hereby
accuses respondent Maria Federica G. Petalvo with address located at Block 2,
Lot 19, Abraham Street, Olympus Subdivision, Novaliches, Quezon city, with the
crimes of Four (4) counts of Batas Pambansa No. 22 (B.P.22), committed as
follows:
UNDISPUTED FACTS
1. That sometime on the month of August, 2020 respondent and herein

affiant-complainant entered into a Contract of Mortgage with Deed of
Sale involving respondent house and lot covered by Transfer Certificate
of Title No. 106539, located at Block 2, Lot 19, Abraham Street,
Olympus Subdivision, Novaliches, Quezon city.
2. That respondent at some point has paid its monthly obligation of the
mortgage above mentioned but for several months till date respondent
was no longer able to pay herein affiant-complainant.
3. That due to the said dilemma, affiant-complainant has called several

times the respondent to comply with her obligations with the contract and
pay but respondent, instead of paying, has issued several checks covering
unpaid arrears with the assurance that said checks are good as soon as
they become due dated November 4, 2020, December 4, 2020, January 4,
2021 and February 4, 2021.
4. That however, the said checks, when presented to the drawee bank
sometime on March 2021, bounced for lack of sufficient funds and herein
affiant complainant, instead of presenting the other two checks to the said
drawee bank, opted not to as it was clear to him that there were no
sufficient funds to cover for the said checks.
5. That affiant-complainant immediately informed the respondent of the

incident and promise to pay its equivalent but to no avail. Affiant-
complainant then sent respondent a notice of dishonor formally
informing the respondent respecting the fact but until date none was
actually made or an effort to settle the same coming from the respondent.
6. To be liable for a violation of BP 22, the following essential elements, as
paraphrased, must be present: (1) the making, drawing, and issuance of
any check for value; (2) the knowledge of the maker, drawer, or issuer
that at the time of issuance he does not have sufficient funds in or credit
with the drawee bank; and (3) the subsequent dishonor of the check by
the drawee bank for insufficiency of funds or credit (San Mateo v.
People, March 6, 2013, G.R. No. 200090).
7. Under the law, the prima facie evidence of insufficiency of funds will
arise if the drawee bank refuses to pay or honor the check within ninety
(90) days from the date of the check, unless the maker pays the holder of
the check the amount due, or makes arrangements for payment in full by
the drawee bank within five (5) banking days after receiving notice that
the check was dishonored (Section 2, BP 22).
8. If the maker or drawer fails to pay the amount due despite receiving the
notice of dishonor, he or she shall be liable for a violation of BP 22. If the
check is drawn by a corporation or company, the person or persons who
signed for and on behalf of the corporation or company shall be liable
(Section 1, BP 22).
9. That it is clear from the foregoing vis-a-vis the circumstances of this

affidavit-complaint that the respondent has committed the crime of Four
(4) counts of B.P. 22 against herein affiant-complainant and that
respondent should be indicted on the following crimes mentioned herein.
10.That to support herein affiant-complainant’s claim, it is respectfully

attached hereto and made part of this affidavit-complaint copies of the
checks that bounced for insufficiency of funds as well as the Notice of
Dishonor with demand letter and the corresponding return card indicating
therein that respondent has received personally the said notice.
11.Complainant-affiant executes and file this criminal complaint to attest to

the truth of the foregoing and to prosecute the aforementioned respondent
Maria Federica G. Petalvo for the offenses mentioned above.
IN WITNESS WHEREOF, complainant-affiants hereunto affixed their

signature this ____day of November 2021, at Caloocan City, Philippines.
EXEQUIEL B. ADORA
Affiant-Complainant
SUBSCRIBED AND SWORN TO BEFORE ME this ____day of
November 2021, at Caloocan City, Philippines, exhibiting to me his officially
issued identification bearing his picture and signature.
The undersigned certifies that he/she personally examined the affiant and
that he/she is satisfied that he voluntarily executed and understood his affidavit-
complaint.

Affidavit Complaint Exequiel

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Affidavit Complaint Exequiel

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Republic of the Philippines)

Caloocan City )S.S.

AFFIANT-COMPLAINANT, Exequiel B. Adora, of legal age, Filipino,

1. That sometime on the month of August, 2020 respondent and herein

3. That due to the said dilemma, affiant-complainant has called several

5. That affiant-complainant immediately informed the respondent of the

9. That it is clear from the foregoing vis-a-vis the circumstances of this

10.That to support herein affiant-complainant’s claim, it is respectfully

11.Complainant-affiant executes and file this criminal complaint to attest to

IN WITNESS WHEREOF, complainant-affiants hereunto affixed their

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