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City of Pasig

-versus- NPS Docket No. ____

EA DESIGN AND CONSTRUCT For: Estafa under Art. 315

ARCH. BRIAN C. ATUN AND par.1 (a) and par.2 (b) of



I, CASSANDRA NAIDAS, of legal age, Filipino, with residential

address at __________________________________________ after having
been duly sworn in accordance with law, and with the assistance of
counsel, hereby depose and state;

1. I am charging the Respondents, ARCH. BRIAN ATUN and ENGR.

RAMON L. ESPIRITU JR. (Respondents) and, for the crimes of
Estafa Through Unfaithfulness or abuse of confidence by
altering the substance, quantity or quality of anything of value
which the offender shall deliver by virtue of an obligation to do
so, even though such obligation be based on an immoral or
illegal consideration under Article 315 par. 1(a) and/or Estafa
through fraudulent false pretenses or fraudulent act
executed prior to or simultaneously with the commission of
fraud by altering the quality, fineness or weight of anything
pertaining to his art or business under Art 315 Par. 2 (b).

2. Respondents ARCH. BRIAN C. ATUN and ENGR. RAMON L.

ESPIRITU JR. both of legal age, Filipinos, and with business
__________________________________________, where they may be
served with summons and other legal process;

3. Sometime on October 21, 2017, I was looking for a contractor to

construct a commercial space I leased for the operation of the
Food Hall. The leased commercial space is located at Unit G05-
G06, Ground floor, One Technopoint, Julia Vargas Avenue Pasig

Attached herein as ANNEX “A” is the contract with
_____________________ for the lease of the aforementioned
commercial space.

4. I met the Respondents Architect Brian C. Atun & Engineer

Ramon Espiritu Jr. of EA Design and Construct together with
Doricel to discuss the plan I had in mind in putting up my Food
Hall business. We exchanged ideas which would form part of the
initial plans in the designs and materials which would be used in
constructing my Food Hall;

5. I had another meeting with the Respondents sometime on

October 23, 2017 wherein they gave me a quotation of the Project
Plan. The respondents offered me two (2) proposals indicating
therein the total amount of the project;

6. I chose the project-proposal which cost Three Million and Two

Hundred Fifty Thousand Pesos (Php 3,250,000.00) which was
more expensive and highly recommended by both Respondents.

7. I decided to choose the said proposal because it was more

conducive to the nature of my Food Hall business and I thought
that the Respondents will follow the plan that was specified in
the Proposal but I was wrong.

8. To my dismay, the Respondents made me believe that the air

conditioning unit that will be installed will create a cooler
atmosphere and will not emit an unpleasant smell that will affect
my customers. However, the unit that was installed was not
enough and unable to cater for the whole area of my Food Hall
despite the fact they assured me that is why I paid for the more
expensive air conditioning unit.

9. After I asked the Respondents for the replacements of the

substandard and unacceptable materials they used in my Food
hall but all plea and requests were all denied and they insisted
that they merely followed the Contract. Due to exhaustion and
loss of income, I decided to agree to additional payments for the
items that they insisted which were not originally in the Plan..

10. On October 29, 2017, upon the signing of the contract of

services with the Respondents, I noticed huge discrepancies and
incompatibilities in terms with the materials and specifications
made in the Food Hall different from our agreed Service Contract
and Plan. It was clear and obvious to me that the original
project-plan was deliberately being disregarded and they were

taking advantage of my lack of technical knowledge in terms of
materials used and quality of work;

Attached herein is the Copy of the Proposal as ANNEX “B”.

11. Due to lack of trust and despair, I decided to hire another

Engineer to examine the contract and the works that were made
in my Food Hall. Upon the examination, I was informed by the
Engineer that the Respondents clearly defrauded me by inducing
me to enter into the contract which was disadvantageous to me.
The Respondents took advantage of my lack of knowledge and
expertise about the subject specifications.

12. The experience was traumatic and unfortunate since it was

my first time to hire contactors that I believe that will faithfully
execute the agreed Proposal and Service Contract agreed in the
construction of my food Hall. However, I was definitely WRONG
to believe that since Respondents deliberately defrauded me to
engage their services and made me believe that the project plan
will be followed according to my vision.

13. On November 1, 2017, they sent me Statement of Accounts

for the purchase of the materials needed for the Construction of
my Food Hall. On November 3, 2017, I immediately paid them
the 40% of the Initial Down Payment in the total amount of One
Million and Three Hundred Thousand Pesos (Php

Attached herein is the Copy of the Statement of Account as


14. On November 29, 2017, the Respondents offered me to use

the vinyl planks on one of the walls instead of the wooden planks
which were the original agreed material. I was forced to agree
due to their inducement and misrepresentations. However, I
discovered that Respondents used substandard vinyl planks and
was broken in just a matter of days;

15. On November 30, 2017, they sent swatches of thin laminate

so I could choose the colors of my countertop stall. However, the
quotation that we agreed upon indicated that it should be made
of synthetic marble. To my dismay, Respondents unilaterally
made changes in the materials used in the Food Hall without my

16. They never asked for my permission to the swatches that

they installed in my food Hall. I was shocked that all plans and
specifications agreed upon in the contract were deliberately not
followed. Respondents deceived me in paying the price for the
marble countertop and change the material into a laminated one
which is substandard and not suitable for countertop.

17. The materials they used in constructing my food Hall were

clearly substandard and unacceptable in the type of business
location I am in. On December 27, 2017, I straightforwardly
asked the Respondents for the turnover date. They promised that
based on the contract of 90 days, it will be turnover by February
12, 2018 which was never followed;

18. On December 29, 2017, I reminded them to make sure

exhaust is strong enough to make the whole Food Hall
comfortable for my customers. Again, they assured me that it will
be conducive for my customers but they did not comply with
their assurance.

19. During the period of January - February 2018, I checked

the construction site to suggest the changes to be made in the
Construction plan. They assured me that they will do it and they
even asked for additional payment for the changes that was due
to their fault in the first place. Due to exhaustion and despair, I
paid them the additional payment that they asked to expedite the
Construction. To my despair and despite the fact that I made
additional payments, the quality and the end result of their work
were atrocious and below par. The construction and the quality
of materials were definitely far from my expectation. All the
things that should have been done properly made were
disastrous and far from what I expected for the amount that I
have paid for.

20. On February 9, 2018, the Initial Punch List with Interior

Decorators and contractor had issues in terms of quality. I
constantly made complaints and had them change lots of things,
which Respondents agreed to fix but they did not.

21. On February 22, 2018, more than 9 days from the agreed
turnover date, there were still no stainless tables in the kitchen
which is essential to operate a Food Hall business. The stainless
steel tables installed were so thin and the installation was poorly
done. The sizes were off beam and did not fit properly into the
stall. The sinks were always grossly leaking. The grease trap was
always overflowing because of the faulty design;

22. On February 27, 2018, I asked them why I was not

informed and my approval was not sought before the installation
of the substandard materials on the stall. The stainless tables
were of bad quality and did not even provide stalls in the Food
hall kitchen. They just ignored and made lies and alibis.

23. On March 16, 2018, I finally asked for the technical plan
from them, such as electrical and mechanical plan to secure my
business permit since Respondents caused a lot of delays. Again,
they were not able to provide the plan and just gave me lies.

24. After series of follow-ups and constant prodding, they

finally gave the plans which were not updated. Therefore, it
caused a lot of issues with the administrative department of the
property I leased and City hall since they notice that it did not
follow the original submitted plan;

25. On March 17, 2018, I was assured that everything is done

and the Food hall is ready for turnover since they were 33 days
past the turnover deadline indicated in our Contract. They used
and wasted a total of 123 days to fix all the issuesthat I pointed
out but despite that it was still not done properly. On March 22,
2018, Respondents had the audacity to ask for the final payment
which is less than 1% (0.92% to be exact) left of the whole
contract despite the deception and misrepresentations they

26. I refused to pay them since they deliberately ignored my

request to fix the problems that they caused. In addition, I also
found out that there were even leaks in the sinks. Because of
this unacceptable and poor workmanship. The exhaust in the
kitchen was not strong enough, which caused too much smoke
when cooking that people inside could not even breathe. As a
result, I have not even been operational that caused substantial
loss and damages caused by the Respondents.

27. On April 6, 2018, I was informed that they had the

electrical plans redesigned because the first plan was not
applicable. They did not give this to me so I passed the wrong
plans. Thereafter, there was another leak in one of the sinks
wherein the pipes were already falling apart;

28. The Respondents assured me that everything is good

enough because they have computed based on the area but when
I pointed out the misrepresentations already, they just reasoned
out that they merely followed the plans and never assured

29. As advised by my lawyer, by reason of the confidence I
reposed upon the Respondents, which led me to part my
money to Respondent which deliberately failed to comply with
their obligations. Thus, Respondents could no longer be found
after I paid for the amount they asked thereby absconded with
a large sum of money. Clearly, the Respondents were liable for
the crime of Swindling (Estafa) under the Revised Penal Code;

30. Moreover, the crime of Estafa Through Unfaithfulness or

Abuse of confidence by altering the substance, quantity or
quality of anything of value which the Respondent shall deliver
by virtue of an obligation to do so, even though such obligation
be based on an immoral or illegal consideration under Article
315 par. 1(a) and/or Estafa through fraudulent false pretenses
or fraudulent act executed prior to or simultaneously with the
commission of fraud by altering the quality, fineness or weight
of anything pertaining to his art or business under Art 315
Par. 2 (b);

31. I now henceforth executes the foregoing Complaint-

affidavit to attest to the truth of the foregoing and for the
purpose of holding the Respondents ARCH. BRIAN VICTOR
criminally liable for their above-mentioned acts;

32. WHEREFORE, in view from the forgoing premises, I

respectfully pray to this Honorable Office to conduct the
proper preliminary investigation and to charge herein
Respondents with the crime of Swindling (Estafa) under Par.
1(a) and/or Art 315 Par. 2 (b) of the Revised Penal Code and or
other or any other crime/s that the Investigating Prosecutor
would deem appropriate and to seek regress for said violations
and for reparation of the damages incurred in view of the
violation thereof and for other legal intents and purposes this
may serve.

Respectfully Submitted.


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

of October 2018 in the City of Marikina.



SUBSCRIBED AND SWORN to before me this th day of __

2018, in City of Marikina. I hereby certify that I have personally
examined the herein Complainant-Affiant and I am satisfied and
convinced that she have read and understood the contents of her
Complaint-affidavit and that she has executed the same freely and