Professional Documents
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DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
CEBU CITY
JULITO CONDE,
Complainant,
IS No. 12345678
-versus-
Estafa (Art.315
Estafa (Art.315
RPC
Deceit/Swindling
) & Violation of
BP 22
EMILOU EVASCO,
Defendant,
x - - - - - - - - - - - - - - - - - - - - -x
JUDICIAL AFFIDAVIT
I, JULITO CONDE,
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
PURPOSE:
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 Julito’s Cement
Factory.
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.
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.
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.
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.
___________________
Affiant
________________________
Notary
Public
Doc. No.______;
Page No. ______;
Book No.______;
Series of 2015.
3. I nor any other person then present or assisting her coached the
witness regarding his answers;
________________________
Notary
Public
Doc. No.______;
Page No. ______;
Book No.______;
Series of 2015.
Group 1: