Republic of the Philippines

NATIONAL PROSECUTION SERVICE

ILOILO CITY PROSECUTOR’S OFFICE
Iloilo City

GLENN M. LAMPREA,
Complainant,

-versus-
NPS Docket No. V1-10-INV-
13H-00814
For: Frustrated Murder
JOHN WINSTON PORRAS,
RYAN VILLANUEVA and
JOHN MARK SIA,
Respondents.
Xx---------------------------------------xX

COUNTER – AFFIDAVIT

I, RYAN GEOFFREY C. VILLANUEVA, only seventeen (17) (per copy

of Certificate of Live Birth issued by the NSO Secpa copy attached as
(Annex A), with address at Barangay Rizal, Lapuz, Lapaz, loilo City, after
being sworn, depose and say:

1. That I am the operator of GDR Taxi and Proprietor of GDR Auto

Sales and Services where I carry out my business at the above-stated
address;

2. That GDR Sales and Services is the exclusive distributor of auto

tires, lubricants, engine oil, coolants and others, which it sells to buyers;

3. That on nine (10) different occasions, respondent Joy Mae

Giganto doing business under the name and style “ZHEEN’S
ENTERPRISES” with address at C-Tad-y Street Sara, Iloilo, transacted
with me and my staff at GDR Auto Sales and Services office at Lot 1,
Block 2, Ana Ros Subdivision, Guzman, Street, Mandurriao, Iloilo City,
whereby she made representations for the purchase of the following
products, viz:

Date of Product Bank Check Amount in Date Reaso

Transact s No. Pesos of n for

Page 1 of 3
ion Purchas Check Dishon
ed or
08.07.12 #0323 Landba 0000466 77,924.00 12.07. Accoun
nk 925 12 t closed
08.17.12 #0327 Landba 0000466 12,838.00 12.15. A/C
nk 926 12
03.11.13 #0510 RCBC 0199794 14,316.00 05.13. A/C
13
03.27.13 #0525 RCBC 9000171 20,830.00 06.15. A/C
13
06.31.13 #0242 RCBC 9000090 15,000 06.30. A/C
13
07.30.13 #0243 RCBC 9000091 10,000 07.30. A/C
13
07.31.13 #0536 RCBC 9000184 66,480 07.31. A/C
13
08.30.13 #0535 RCBC 9000183 9,408 08.30. A/C
13
08.30.13 #0244 RCBC 9000092 10,000 08.30. A/C
13
01.11.13 #0245 RCBC 9000093 27,624.00 09.30. A/C
13
TOTAL PHP264,42
0.00

Copies of Delivery Receipts and Checks are hereto appended as Annexes A

to J, inclusive

4. That by her assurances and promises that her checks will be

paid by her drawee banks, on the respective due dates as appearing on
the checks, I agreed to release to her the goods/ products of GDR Auto
Sales and Services as detailed in the delivery receipts (Annexes A to J,
and series);

5.That when the said due dates arrived, I had the checks deposited
to my account with the bank but they were all returned unpaid for
reason “Account Closed”. Copies of the series of checks in accordance
with the order shown on the table above, are hereto appended as
Annexes K to T, inclusive;

6. That I immediately contacted Joy Mae Giganto to personally

inform her that her checks were all returned unpaid for reason “account
closed” and whereby she feigned surprise and promised to visit my
office to settle the account but she never did;

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 7. That other than that, Joy Mae Giganto never arranged with me
or any person at GDR Auto Sales and Services any method, means or
manner of payment of the unpaid checks;

8. That I was constrained to refer the unpaid checks to my legal

counsel who sent a letter of demand and notice of dishonour dated 15
July 2013 which was sent by registered mail as Mail Matter No. 2810 on
August 5, 2013 and received by Joel and Leana Marcelino on
__________________ per Certification from the Postmaster dated
________________. Copies of Letter of Demand and Notice of Dishonor,
Registered Mail Receipt and Certification are hereto appended as
Annexes U to W, inclusive;

9. That despite receipt of such written demand and the repeated

oral demands my staff and I made on Joy Mae Giganto, she still failed
and/ or refused to comply with such demands;

10. That as a result of her acts, I and GDR Auto Sales and Services
suffered damage and prejudice in the total amount of Php264,420.00;

11.That I therefore execute this Complaint-Affidavit for the

purpose of filing Ten (10) counts of Estafa as defined and penalized
under Article 315 2 (d) of the Revised Penal Code as amended and Ten
(10) counts of violation of Batas Pambansa Bilang 22 against Joy Mae
Giganto doing business under the name and style “ZHEEN’S
ENTERPRISES” with address at C-Tad-y Street Sara, Iloilo.

IN WITNESS WHEREOF, I hereunto sign this Complaint-Affidavit

this _____ day of August 2013 at Iloilo City, Philippines.

MRS. DONNA ROSE O. RATILLA

Affiant

SUBSCRIBED AND SWORN to before me this ______ day of August

2013 at Iloilo City, Philippines. I have personally examined the affiant
who personally swore that he understood the contents of his affidavit
and that he voluntarily executed the same

_________________________________

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