REPUBLIC OF THE PHILIPPINES)

IN THE CITY OF BAGUIO…………..)S.S.

AFFIDAVIT COMPLAINT

I, JENNICA C. SEGUNDO, Filipino, and of legal age, herein

represented by Atty. Anton Luis Avila with address at No. 20
Juniper Building, Bonifacio Street, Baguio City, under oath
declare and state that:

I am executing this affidavit to support my complaint for

VIOLATION OF BATAS PAMBANSA BILANG 22 or the
ANTI-BOUNCING CHECK LAW against RESPONDENT:

BRENDA VILLACORTA

who is of legal age, Filipino, who holds office at Unit. 23

Maharlika Bldg., Session Road, Baguio City where she may be
served with summons and other processes of the Honorable Office.

1. On August 15, 2017, the RESPONDENT issued a

PROMISSORY NOTE in favor of the COMPLAINANT,
promising to pay the PRINCIPAL AMOUNT of TWO
MILLION FIVE HUNDRED THOUSAND PESOS
(P2,500,000.00) with INTEREST of TWELVE PERCENT
(12%) per annum.

2. On August 15, 2018, the PROMISSORY NOTE became due

and demandable.

3. On September 8, 2018, the RESPONDENT issued BPI

CHECK with Check No. 0029859 amounting to the
PRINCIPAL AMOUNT and INTEREST of TWO MILLION
THREE HUNDRED THOUSAND PESOS (P2,800,000.00) to
the COMPLAINANT.

4. On September 10, 2018, the COMPLAINANT deposited the

check in her account at BPI Baguio Abanao Branch.

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5. On September 11, 2018, the check was returned to the
COMPLAINANT in her residence address by the bank due
to the fact that the check was DISHONORED due to a
“CLOSED ACCOUNT”.

6. On September 18, 2018, DARSA Law Firm, the legal counsel

of the COMPLAINANT, personally served and tendered the
DEMAND LETTER and NOTICE OF DISHONORED
CHECK to the RESPONDENT through its secretary,
Katrina Reyes.

7. On the same date, the RESPONDENT refused to receive the

DEMAND LETTER and NOTICE OF DISHONORED
CHECK.

8. On September 19, 2018, the DEMAND LETTER and

NOTICE OF DISHONORED CHECK was mailed to the
RESPONDENT through registered mail by KATRINA
REYES.

9. On December 4, 2018, the COMPLAINANT sent the

RESPONDENT a final demand to settle her obligation else
the COMPLAINANT will institute a criminal action of
VIOLATION OF BATAS PAMBANSA BILANG 22 or the
ANTI-BOUNCING CHECK LAW.

10. The actions of the respondent in issuing a check

against a closed account makes her liable for violation of
BATAS PAMBANSA BILANG 22 or the ANTI-BOUNCING
CHECK LAW.

11. I am executing this affidavit to attest to the truth of

the foregoing allegations.

WITNESS MY HANDS this 6th of February, 2019 at Baguio

City, Philippines.

JENNICA C. SEGUNDO
Affiant
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 CERTIFICATION

SUBSCRIBED and sworn to before me in Baguio City on this 6th

day of February 2019. This is to certify that I have personally
examined the herein affiant and that I am convinced that she
freely and voluntarily executed the foregoing and understood the
same.

CITY PROSECUTOR