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ESTAFA

Edgardo Alexander O. Gayos is accusing Mary Anne Peñas of estafa under Article 315 of the Revised Penal Code. On September 4, 2020, Mary Anne borrowed P300,000 from Edgardo, signing a promissory note to repay the amount by October 4, 2020 while mortgaging her condominium unit as collateral. However, on October 4 Mary Anne did not repay the debt. Despite demands, Mary Anne refused repayment, and it was discovered the mortgaged condominium does not exist. Edgardo filed a complaint at the barangay but they did not reach an agreement. Edgardo is executing this affidavit to file a criminal complaint against Mary Anne for est

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Tep Domingo
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59 views

ESTAFA

Edgardo Alexander O. Gayos is accusing Mary Anne Peñas of estafa under Article 315 of the Revised Penal Code. On September 4, 2020, Mary Anne borrowed P300,000 from Edgardo, signing a promissory note to repay the amount by October 4, 2020 while mortgaging her condominium unit as collateral. However, on October 4 Mary Anne did not repay the debt. Despite demands, Mary Anne refused repayment, and it was discovered the mortgaged condominium does not exist. Edgardo filed a complaint at the barangay but they did not reach an agreement. Edgardo is executing this affidavit to file a criminal complaint against Mary Anne for est

Uploaded by

Tep Domingo
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES)

CITY OF MANILA ) SS.

COMPLAINT – AFFIDAVIT

I, EDGARDO ALEXANDER O. GAYOS, of legal age,


Filipino citizen, Married, resident of First Floor, St. Agustin Bldg., San
Sebastian College - Recoletos, Recto Ave., Manila City, after having been
duly sworn in accordance with law, hereby depose and state that:

That I am accusing MARY ANNE PEÑAS of legal age,


Filipino citizen, single, resident of First Floor, St. Agustin Bldg., San
Sebastian College - Recoletos, Recto Ave., Manila City of the crime
ESTAFA under ARTICLE 315 OF THE REVISED PENAL CODE
committed as follows:

1.) On September 4, 2020, my secretary, MARY ANNE


PEÑAS, borrowed money from me in the amount of
Three Hundred Thousand Pesos (P300,000.00) because
she needs to go to the hospital. An image of the
promissory note, notarized and signed by Mary Anne as
evidence of the debt is hereunto attached and made as
an integral part hereof as “ANNEX A”;
2.) In the said promissory note, Mary Anne mortgaged her
condominium unit with the address of 1A, Uhome 2,
San Sebastian St., Barangay 390, Quiapo, Manila. The
promissory note also indicated that Mary Anne stated
that she will pay the amount on October 4, 2020;
3.) On October 4, 2020, Mary Anne did not settled her
debt;
4.) On February 14, 2020, I orally demanded the payment
of the debt but Mary Anne answered me in the negative;
5.) On February 28, 2020, I sent her a written demand
letter, which Mary Anne received and signed, but still
she answered in the negative. An image of the demand
letter is hereunto attached and made as an integral part
hereof as “ANNEX B”;
6.) Thereafter, I discovered that the mortgaged
condominium unit and the condominium building itself
does not exist;
7.) I took the issue to Barangay Conciliation or Katarungan
Pambarangay in Brgy. 390, Zone 40, District 3, Manila.
Mary Anne attended the session, but we still did not
come into an agreement, she refuses to pay because she
does not have the money. A copy of the “Certificate to
File an Action” issued by the barangay secretary is
hereunto attached and made as an integral part hereof as
“ANNEX C”;
8.) ESTAFA under Article 315 of the Revised Penal
Code is committed by any person who defrauded
another by abuse of confidence or by means of deceit
and that damage or prejudice is capable of pecuniary
estimation cause to the offended party or third person;
and
9.) I am executing this affidavit to attest to the truth of the
foregoing facts and for the purpose of filing a criminal
complaint for ESTAFA against MARY ANNE
PEÑAS.

IN WITNESS WHEREOF, I have set my hands this this 4th


day of April, 2021 at Manila, Philippines.

EDGARDO ALEXANDER O. GAYOS


Affiant

SUBSCRIBED AND SWORN TO BEFORE ME on November 30,


2020, in Quezon City, Philippines.

Atty. Alma Wheatley


Notary Public
Notary Public Commission
Serial No. 6251
(valid until 4/18/23)
PTR No. 741062

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