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Complaint-2 0
Complaint-2 0
COMPLAINT AFFIDAVIT
I, Juan Dela Cruz, of legal age, Filipino and resident of Cabanatuan City, Nueva Ecija, after
having been sworn to in accordance with law depose that:
1. I am the owner of the huge cement factory located at Cabanatuan City, Nueva Ecija.
3. That sometime on February 14, 2022 Ms. Juana Dela Cruz came to and bought 25
packs of cement from our business place located in Cabanatuan City and due to trust
since she is one of our biggest client I accept the postdated check as a payment for
the goods she bought and issued a receipt as a proof of our transaction. Receipt of
Transaction is hereto attached as ANNEX “A”.
4. That the respondent issued 4 separate postdated check subject of this case
amounting sum total of 400,000 to wit: postdated check issued by the respondent is
hereto attached as ANNEX “B” “C” “D” “E”.
Bank Amount Check No. Due Date
BDO Cabanatuan Branch 100,000.00 12345 February 21,2022
BDO Cabanatuan Branch 100,000.00 56789 February 21,2022
BDO Cabanatuan Branch 100,000.00 23456 February 21,2022
BDO Cabanatuan Branch 100,000.00 76543 February 21,2022
TOTAL: 400,000.00
5. That, on the date of the check I went to BDO Cabanatuan Branch to encash the same
and to my dismay, I was apprehended by the drawee bank that they are dishonoring
the check due to insufficiency of funds and the account is already closed. Return
Check Notice is hereto attached as ANNEX “F”.
6. That, she defrauded me to part with my money when he issued a check with
insufficient funds. She issues checks knowing very well that the same is worthless.
7. That, when the respondent failed to heed my demands, I endorsed the said check to
my legal counsel who immediately sent a formal demand letter through registered
mail. However, Ms. Juana Dela Cruz has unjustifiably ignored all these demands to
pay the said amount to redeem the said returned check. A formal demand letter is
hereto attached as Annex “G”.
1. Ordering the respondent to jointly and severally pay the plaintiff the sum total amount of P
400,000.00, as unpaid goods bought by the respondent from the complainant with legal
interest from filing of this complaint until Full payment.
2. Plaintiff be awarded for the moral and exemplary damages cause by the inconvenience of
the respondent.
3. Costs of suit.
Plaintiff likewise prays for other relief just and equitable under the circumstances.
By:
THAT I JUAN DELA CRUZ, of legal age, Filipino and with permanent address in Cabanatuan City,
after having been sworn in accordance with law, depose and state:
Doc No.
Page No.
Book No.
Series of 2022
ANNEX “A”
February 14, 2022
Acknowledgement Receipt
Dear Sir:
I am writing to inform you that Check No. 12345.56789,23456,76543 all dated February
21, 2022 for the sum total amount of (P 400,000.00) made payable of Ms. Juana Dela Cruz
from your account has been returned from the bank due to insufficient funds and account
closed. It is imperative that you take steps to rectify the situation as soon as possible. Please
send
me a certified check for the original amount, including interest to cover the bank fee for a
returned check.
I have enclosed a copy of both the notice from the bank and a copy of your check. I will
return the original to you once your account is adjusted.
Sincerely,
BDO Cabanatuan Branch
ANNEX “G”
Dear Madam:
I regret to advise you that the postdated check you issued as a payment with Check
No. 12345,56789,23456,76543 all dated in February 21,2022 for the sum total of
P400,000 has been dishonored by the drawee bank(BDO Cabanatuan Branch) for
the reason: the account is already closed or insufficiency of fund.
Yours truly,