Republic of the Philippines)

City of Zamboanga . . . . . . )S.S

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AFFIDAVIT OF COMPLAINT

I, LOVELLA DEVOCION FALCASANTOS, of legal age,

Filipino, married, with residence and post office address at
Sto. Nio Village I, Putik, Zamboanga City, after having been
sworn to an oath in accordance with law, hereby depose and
say, that:
1. I am the proprietor and general manager of DL
Refrigeration and Airconditioning Repair Shop, whose
primary business address is at Sto. Nio Village I, Putik,
Zamboanga City.
2. I would like to file a complaint of Estafa against BRYAN
GABRIOLA SANTO, of legal age, married, with residence
and post office address at 5 th St., Southcom Village,
Calarian, Zamboanga City, where he may be served
with summons and other court processes.
3. The abovenamed Respondent is the construction
contractor of Pahali Hotel, located at Buenbrazo Drive,
Guiwan, Zamboanga City. According to the owners of
Pahali Hotel, their contract with the Respondent is for
all labor and materials, which includes the
airconditioning units of the hotel. The contract of
Respondent with Pahali Hotel was already fully paid and
settled sometime in June 2016. This is a matter that is
not denied by the Respondent.
4. Sometime in August 26, 2014, Respondent procured the
services of herein Complainant for the provision and
installation of twenty-five (25) units of air conditioning
equipment, including labor and materials. The contract
was for the total consideration of One Hundred Eighty
Thousand Pesos (P180,000.00). Later, additional work
was ordered and rendered totalling Seventy-five
Thousand, Four Hundred Sixteen Pesos (P75,416.00).
Hence, total labor and materials delivered was, Two
Hundred Fifty-five Thousand, Four Hundred Sixteen

Pesos (P255,416.00). Of this total amount, only the sum

of One Hundred Thirty Thousand Pesos (P130,000.00)
was paid for by the Respondent. The amount of One
Hundred Twenty-five Thousand, Four Hundred Sixteen
Pesos (P125,416.00) was not paid.
5. Prior to his default, Respondent made several promises
to herein Complainant for additional work after the
completion and delivery of labor and materials for the
abovementioned contract. However, after herein
Complainants efforts to collect failed to succeed
sometime in March 2016, Complainant suspected that
Respondent was using the promise of other projects in
order to lure her into relaxing her collection efforts.
6. Finally, sometime in early May, 2016, Respondent told
herein Complainant that the remaining balance of the
contract in the amount of P125,416.00 should be
collected from Pahali Hotel, the owner of the building
where the aircon units were installed. Herein
Complainant expended considerable effort to seek
audience with the management of Pahali Hotel.
However, after finally being able to talk to the
management of Pahali Hotel, it turned out that herein
Respondent was already fully paid, including for the
installation of the aircon units.
7. When we got in touch with Respondent shortly after the
revelation from Pahali Hotel, Respondent admitted that
he has in fact been paid. He promised to pay to us
soon.
8. Despite repeated demands, Respondent refused and
failed to pay the amount of One Hundred Twenty-five
Thousand, Four Hundred Sixteen Pesos (P125,416.00).
The Respondent had made numerous personal
promises to settle the amount due, but has not
complied with his promises.
9. On August 6, 2016, Respondent even promised to pay
the amount on or before September 6, 2016 at the
Lupon Tagapamayapa of Calarian. However, no such
payment was made.

10.
It is evident that Respondent merely make
promises in order to defer his obligation further and
possibly defeat our lawful claim. It is clear that
Respondent does not intend to pay his obligation to us
and is employing means and strategies of lies and
deceit calibrated to induce us to lose interest in the
claim.
11.
For the reasons stated above, complainant now
resolved to file this instant complaint.

12.

Attached are the following documents, to wit:

a. Certification to file action dated September 10,
2016 issued by the Office of the Lupon
Tagapamayapa of Calarian, Zamboanga City,
marked as Annex A
b. Amicable
Settlement
before
Lupon
Tagapamayapa dated August 6, 2016 marked as
Annex B
c. Letter of Complaint dated July 20, 2016 marked
as Annex C
d. Final Demand Letter dated July 20, 2016 marked
as Annex D
e. Statement of Account dated July 8, 2016
marked as Annex E

IN WITNESS WHEREOF, I have hereunto set my hand

this 19th day of September, 2016, at Zamboanga City,
Philippines.

LOVELLA D. FALCASANTOS
Complainant

SUBSCRIBED AND SWORN TO BEFORE ME, this 19th

day of September, 2016 at Zamboanga City, Philippines.

I further CERTIFY that I have personally examined the

affiant and I am fully satisfied that the affiant voluntarily
executed and understood the contents of her complaint
affidavit.