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REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
CEBU CITY
JULITO CONDE,
Complainant,
IS No. 12345678
-versusEstafa (Art.315
RPC
Deceit/Swindling
) & Violation of
BP 22
EMILOU EVASCO,
Defendant,
x - - - - - - - - - - - - - - - - - - - - -x
JUDICIAL AFFIDAVIT

I, JULITO CONDE, Filipino, of legal age, single and a resident of # 3 ABC


Street, Banilad, Cebu City, Philippines, The complainant in this case, state
under oath as follows:

PRELIMINARY STATEMENT
The Person examining me is Atty. Juan De la Cruz with address at # 1 ABC
Street, Banilad, Cebu City Philippines. The examination is being held at the
same address.
I am answering his questions fully conscious that I do so under oath and
may face criminal liability for false testimony and perjury.

PURPOSE:
This Affidavit is being offered to prove that Defendant, EMILOU EVASCO
issued several DISHONORED CHECKS to JULITO CONDE, the
Complainant in this case.

It is respectfully prayed that this Judicial Affidavit of Mr. Julito Conde be


admitted as the Direct Examination of the witness in order to expedite the
proceedings.

DIRECT EXAMINATION QUESTIONS:


1. Q:

Mr. Witness, please state your name and other personal


circumstances for the record
A: I am Julito Conde, Filipino, 30 years old, Single, and a resident of # 3
ABC Street, Banilad, Cebu City. I am the proprietor of Julitos Cement
Factory.

2. Q: Are you the same complainant in this case?

A: Yes I am.
3. Q: Do you know a certain Emilou Evasco?

A: Yes I do.
4. Q: How do you know her?

A: She is a frequent buyer in my factory. She came into my office one


day and ordered 10,000 sacks of cement for the construction of her new
building. She talked to me personally and asked if she could just pay
through check because she is very busy that day and can no longer give
me the cash equivalent of the purchased cements. I agreed because I
understood her situation because I am also a busy man.
5. Q: When was this? Can you recall?

A: Yes, this happened on March 20, 2015.


6. Q: When she ordered for the 10,000 sacks of cement from you, how did

she pay for it?


A: As agreed, she issued a check.
7. Q: What was the amount of the check that she issued? Can you recall?

A: Yes. It was in the amount of Php1,200,000.00.


8. Q: After she issued the check, what did you do next? If any?

A: Well, I immediately delivered to her the 10,000 sacks of cement on


that same day.
9. Q: Now going back to the check, what was the name of the bank?

Would you know what branch?


A: Yes. It was a Metrobank Check, A.S. Fortuna Branch.

10. Q: Showing to you a Metrobank check drawn attached as Annex A,


can you confirm if this is the same check that Ms. Evasco issued to you?
A: Yes, that is the one.
11. Q: At that time that Ms. Evasco issued the check, was there anything

else that she did, if any?


A: Yes. She gave me the assurance that the check is good and that it
will be covered by sufficient funds when presented for payment.
12. Q: After Ms. Evasco issued the check, what did you do next? If any?

A: I deposited the check to my account.


13. Q: After you deposited the check, what happened next, if any?

A: I was shocked when I was informed by my bank that the check Ms.
Evasco issued bounced. The bank informed me that it was drawn
against a CLOSED ACCOUNT.
14. Q: Upon learning of the dishonoured check, what did you do next? If

any?
A: I immediately informed Ms. Evasco of the dishonoured check and I
demanded from her that she make good the said check within 5 days.
15. Q: You said that you made a demand, how did you do this? Was this

oral or written?
A: I called her first then I also sent a written demand.
16. Q: Showing to you a demand letter, attached as Annex B, can you

confirm if this is the same demand letter that you sent to Ms. Evasco?
A: Yes that is the demand letter that I sent her.
17. Q: After you sent the demand letter, what happened next? If any?

A: She called my office, she apologized for the mishap, and she
promised to deliver another check to cover the amount.
18. Q: Was she able to deliver another check to cover amount?

A: Yes. She delivered 2 checks this time.


19. Q: 2 checks? Do you recall what bank?

A: Yes 2 checks, each with the amount of Php600,000.00. It was with


East West Bank
20. Q: Showing to you two (2) East West Bank checks attached as
Annexes C and D respectively; can you confirm if these are the same
checks that Ms. Evasco delivered to you?
A: Yes, those are the same ones.

21. Q: After she delivered those 2 East West Bank checks, what did you do

next? If any?
A: I immediately deposited the same.
22. Q: After you deposited the checks, what happened next? If any?

A: Again, I got a call from the bank, this time informing me that both
checks were returned for the reason that they were drawn against
insufficient funds. I do not understand what that is because I am just a
lowly businessman so I asked my lawyer what it meant.
23. Q: After you learned that both checks bounced, what did you do next? If

any?
A: I personally tried to contact Ms. Evasco on her phone, but she
refused to take my calls.
24. Q: After she refused to take your calls, what did you do next? If any?

A: I consulted with my Legal Counsel again.


25. Q: After you consulted with your Legal Counsel, what happened next? If

any?
A: My Legal counsel sent a formal demand letter through registered mail
with return card on March 26, 2015, which was received by the said
Respondent on March 28, 2015.
26. Q: Showing to you a demand letter, attached as Annex E, can you

confirm if this is the same demand letter that your counsel sent to Ms.
Evasco?
A: Yes that is the demand letter that we sent her.
27. Q: After Ms. Evasco received the demand letter, what happened next, if

any?
A: Nothing. She continues to ignore the demand to pay.
28. Q: As of this time, has the amount of Php1,200,000.00 been paid?

A: No. Ms. Evasco has not paid a single centavo for the 10,000 sacks of
cement she ordered.

IN WITNESS WHEREOF, I have hereunto set my hand this 18th day


of June 2015 at Cebu City, Philippines.

___________________

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in


and for Cebu City this 18th day of June 2015. Affiant personally came and
appeared with Passport No. EC 1234567 issued by the Department of
Foreign Affairs (DFA) on January 8, 2015 at Cebu City, bearing his
photograph and signature, known to me as the same person who
personally signed the foregoing instrument before me and avowed under
penalty of law to the whole truth of the contents of said instrument.

________________________
Notary Public

Doc. No.______;
Page No. ______;
Book No.______;
Series of 2015.

I, ATTY. MA. LENY IGNALAGA, of legal age, Filipino, with postal


address at #1 ABC Street, Banilad, Cebu City, after being duly sworn
depose and say:

1. I was the one who conducted the examination of witness, JULITO

CONDE at my aforementioned office in # 1 ABC Street, Banilad,


Cebu City;
2. I have faithfully recorded or caused to be recorded the questions I

asked and the corresponding answers that the witness gave;


3. I nor any other person then present or assisting her coached the

witness regarding his answers;

IN WITNESS WHEREOF, I have hereunto set my hand this 18th day


of June 2015 at Cebu City.

ATTY. JUAN DE LA CRUZ


Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in


and for Cebu City this 18th day of June 2015. Affiant personally came and
appeared with Passport No. EC 7654321 issued by the Department of
Foreign Affairs (DFA) on January 28, 2015 at Cebu City, bearing his
photograph and signature, known to me as the same person who
personally signed the foregoing instrument before me and avowed under
penalty of law to the whole truth of the contents of said instrument.

________________________
Notary Public

Doc. No.______;
Page No. ______;
Book No.______;
Series of 2015.

Group 1:
Bartazan, Jay Rozen D.
Cabacang, Belteshazzar
Conde, Julito
Cuyos, Jubert
Ignalaga, Ma. Leny