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    Monica Perjury Falsification

    Uploaded by

    henry capela

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as doc, pdf, or txt
    of 5

    REPUBLIC OF THE PHILIPPINES

    Department of Justice
    Office of the City Prosecutor
    Pasay City

    MONICA C. YEKE
    Complainant,
    NPS Docket No. _________
    For: PERJURY; and
    FALSIFICATION

    -versus-

    ALFREDO Q. DAVID
    ,
    Respondents.
    x------------------------------------------------------------------x

    COMPLAINT-AFFIDAVIT

    I, MONICA C. YEKE, of legal age, Filipino, married and with


    address at No. 17 Arnold Street, Tondo, Manila, after having been
    duly sworn to in accordance with Law do hereby depose and state
    that:

    I. THE PARTIES: The parties to this COMPLAINT are:

    1. Complainant MONICA C. YEKE, of legal age, Filipino,


    married may be served with legal processes of the
    Honorable Office on the above-given address;

    2. Respondent ALFREDO Q. DAVID, of legal age, Filipino and


    with address at No. 240 Libertad St., Pasay City, where he
    may be served with summons and other legal processes of
    the Honorable Office;

    II. THE CHARGE. FOR PERJURY UNDER ARTICLE 183


    and FALSIFICATION UNDER ARTICLE 171 in relation to
    Article 172 OF THE REVISED PENAL CODE.
    III. JURISDICTION/VENUE: This is a complaint for
    Perjury and Falsification, which is committed within the
    jurisdiction of Pasay City Philippines, and is proper subject of a
    Criminal Complaint. These cases are under the Jurisdiction of
    the City Prosecutor of Pasay City for the determination of
    probable cause and is within the Jurisdiction of the regular
    Courts of Pasay City for purposes of trial;

    IV. FACTUAL ANTECEDENTS:

    1. On November 26, 2020, the respondent filed a Criminal


    Complaint for Estafa before the office of the City Prosecutor of Pasay
    City and docketed as I.S. XV-13-INV-20J-01139, duly subscribe
    before the Asst. City Prosecutor. The Copy of the Complaint-Affidavit
    with annexes is hereto attached as Annex “A” and made an integral
    part hereof;

    2. In the said Complaint Affidavit of respondent ALFREDO


    Q. DAVID, he alleged among others that:

    “3. On April 15, 2017, in my business address in Libertad,


    Pasay City, respondent MONICA YEKI whom I personally
    know, obtained from me set of jewelries ONE (1) SET OF RING
    AND EARINGS WITH 3 SOLO DIAMONDS (2 carat each
    diamond) which is worth the amount of One Million Eight
    Hundred Ninety Thousand Pesos (Php 1,890,000.00);

    4. Respondent upon receipt pf the said jewelry undertook to sell


    said items on commission basis of 5% within Sixty (60) days,
    proceeds of which will be paid to the complainant as soon as
    the same is sold and if respondent will not be able to sell the
    said item, she will return the same to the complainant within the
    same period. (Copy of the Acknowledgment Receipt is hereto
    attached as Annex “A”)

    5. Up to date, respondent has neither paid the amount nor


    return the subject jewelries to the complainant despite the lapse
    of more than two (2) months;

    6. On June 15, 2017, which is after the agreed period has


    expired to sell the item, complainant wrote a demand letter to
    the respondent to settle her obligations. Copy of the Demand
    Letter dated June 16, 2017, Registry Receipt and Return Card
    is hereto attached as Annex “B”, “C” and “D”;

    7. Despite repeated demands, respondent failed and still failt to


    retrun the said jewelries in the amount of One Million Eight
    Hundred Ninety Thousand Pesos (Php 1,890,000.00) of the
    said item;

    X x x

    3. It is noteworthy to stress that the entirety of the said


    Complaint-Affidavit, more particularly the statements narrated above
    are complete and utter lies;

    4. To sure, I had never obtained and/or received any pieces


    of jewelry from the respondent. On the contrary, it was him thru his
    pawn shop known by his initials as AQD PAWNSHOP, who had
    obtained pieces of jewelries from me, as pawned;

    5. The transactions I had with respondent refers only to a


    civil obligation of loan, as evidenced by the attached Pawn Tickets as
    Annexes “B” to “B-18”;

    6. I deny in the strongest possible terms having received the


    alleged pieces of jewelry (One (1) set of ring and earings with 3 solo
    diamonds two carat each). The truth of the matter is that the alleged
    evidence in the perjured complaint affidavit referring to “Annex A” is a
    clear fabrication and an absolutely falsified document;

    7. The supposed Acknowledgement receipt or “Annex-A” is


    not my handwriting. I believed that it was entirely written by the
    respondent himself;

    8. Noteworthy is the fact the date appearing on the


    purported agreement is April 15, 2017, while my supposed signature
    as indicated is dated 3/20/15 of March 20, 2015. If that is the case
    how come that the signature came first more than two years before
    the alleged agreement was made?

    9. Moreover, though the signature appearing over the name


    Monica C. Yeke appears to be my signature, a further examination of
    the same will show that the same signature was qualified by the entry
    worded this way “adjust loan from 200k to 250k;

    10. After examining the said Annex “A” it is therefore clear


    that the same is a mere fabrication. The respondent falsified the
    document by inserting the supposed agreement of “sale of jewelry on
    commission” on top of my signature to make it appear that I agreed to
    such terms when in truth and in fact I had never transacted or agreed
    to sell any of such jewelry to begin with, and that the only transaction
    warranted by my signature refers to an adjustment of a loan from
    Two Hundred Thousand Pesos to Two Hundred Fifty Thousand
    Pesos nothing more, nothing less;

    11. For these reasons the respondent should be prosecuted


    for falsification, use of falsified document and perjury, as the entirety
    of his garbage complaint-affidavit mentioned-above is littered with
    absolute falsehood;

    12. What is glaring is the fact that respondent with malicious


    intent had falsified the said Acknowledgment receipt by causing it to
    appear that I participated in an act or proceeding when I did not so
    participate;

    13. Worse, in respondent’s attempt to defraud me by filing the


    said malicious complaint, it obviously exposed the fact that his
    complaint-affidavit is littered with absolute falsehood. It is pristine
    clear, that the respondents herein made a statement under oath on a
    material matter. Moreover, the statements were made before
    someone, who appears to be a competent officer, who is authorized
    to receive and administer oath in the person of Asst. City Prosecutor
    of Pasay City;

    14. Surely, the respondent made willful and deliberate


    assertions of falsehood in the aforesaid Complaint Affidavit and that
    the sworn statement containing the falsity is required by law in filing
    the said Complaint-Affidavit, during Preliminary Investigation before
    the City Prosecutor’s Office of Pasay City and definitely made for
    legal purposes;

    15. Without a doubt, the assertions made by Respondent as


    above-stated constitute the crime of Perjury when the statements are
    taken against the elements of the crime;

    16. Moreover, respondent’s falsification and use of the


    falsified acknowledgment receipt identified in his perjured statement
    as “Annex A” constitute the crime of Falsification;

    17. All told, there is definitely probable cause to warrant the


    prosecution of Respondent for Perjury under Article 183and
    Falsification under Article 171 in relation to Article 172 of the Revised
    Penal Code;

    33. Complainant is executing this Complaint-Affidavit to


    prosecute and establish a prima facie case against respondent for
    PERJURY and FALSIFICATION and to attest to the truth of the
    foregoing facts;
    34. Complainant further attest that she have read and
    understood the contents of the Complaint-Affidavit and that the same
    are true and correct of based on her personal knowledge and
    authentic records made available to her.

    RESPECTFULLY SUBMITTED.

    ___ December 2020; Pasay City Philippines.

    MONICA C. YEKE

    SUBSCRIBED AND SWORN TO before me this ___ day


    of December 2020, in Pasay City.

    Asst. City Prosecutor

    CERTIFICATION

    I hereby certify that I have personally examined the affiant and I


    am satisfied that she voluntarily executed this affidavit.

    Asst. City Prosecutor

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