Complaint-Affidavit BP 22 (Arandia)
Republic of the Philippines ) City of Naga ) S. S. x-----------------------------------x COMPLAINT-AFFIDAVIT I, Fr. Wilmer S. Tria, Filipino, of legal age, with postal address at Balatas Road, Basilica Minore, Naga City after being duly sworn in to accordance with law, hereby depose and say: 1. I am the CEO of the CONSUELO “CHITO” MADRIGAL FOUNDATION, a nonstock and non-profit private foundation organized under the laws of the Philippines with office address at Madrigal Center for Social Entrepreneurship, Ateneo de Naga University, Bagumbayan Sur, Naga City; Photocopy of the Secretary’s Certificate authorizing Fr. Wilmer S. Tria to file the above-captioned complaint is hereto attached as Annex “A” and made an integral part hereof. 2. That I am initiating this complaint-affidavit against Rodel M. Arandia for violation of BP 22 or the “The Bouncing Checks Law”, whose residence is at San Vicente, Calabanga, Camarines Sur where he can be served with notices and summons; 3. That Rodel M. Arandia applied for an Entrepreneurial Loan with the Foundation sometime in July 2009, and said application was subsequently approved by the Foundation; 4. That a Memorandum of Agreement was entered into by Rodel M. Arandia and the Foundation regarding said Entrepreneurial Loan, such agreement contains the details of the ONE HUNDRED EIGHTY THOUSAND PESOS (Php 180,000.00) loan; a copy of said Memorandum of Agreement is attached hereto; 5. That as per agreed upon in the MOA payment be done thru the issuance of checks payable within a year of the loan grant; 6. The following check was issued by Rodel M. Arandia as payment: Check Number Date Issuing Bank Allied Bank 134812 September 5, 2010 Naga Extension Branch
7. That when Rodel M. Arandia issued said checks to the Foundation, he made the assurance and representation that the said check is good and would be covered by sufficient funds when presented for payment; 8. However, when the above-mentioned check was deposited, it was dishonored and returned by the bank. Said check was returned by reason of being “Drawn Against Insufficient Funds”. A true and faithful machine reproduction of the said check is hereto attached. 9. In a letter dated October 27, 2010, Rodel Arandia has been notified of dishonor and return of the said check and demanded from him that he make necessary steps in relation to this. A true and faithful machine reproduction of the demand letter to him is attached hereto.
10. When Rodel M. Arandia failed to heed the demands, the Foundation sent him a Final Demand Letter dated March 1, 2013 and was received by him on March 4, 2013, a copy of which is attached hereto. 11. As of date however, Rodel M. Arandia has unjustifiably ignored all these demands to pay the said account and/or to redeem the said returned check. 12. Rodel Arandia committed a violation of Batas Pambansa Bilang 22 by making, drawing, and issuance of any check to apply for account or for value and such check has been dishonored by the drawee bank for insufficient funds.
13. Such knowledge of insufficient funds is known to him as evidenced in his letter dated October 30, 2010, a copy of which is attached hereto;
14. I am therefore executing this Complaint-Affidavit in support of the charges for Violation of Batas Pambansa Bilang 22 against Rodel M. Arandia, who may be served with subpoena and other processes of this Honorable Office at his last known address at San Vicente, Calabanga, Camarines Sur. IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at _____________, Philippines. FR. WILMER S. TRIA COMPLAINANT
SUBSCRIBED AND SWORN to before me this _____________ at _____________. I hereby certify that I have examined the Affiant and that I am fully satisfied that he has voluntarily executed and understood the contents of his Complaint-Affidavit.
I HEREBY CERTIFY that I have personally examined the affiant-complainant and that I am satisfied that he voluntarily executed and understood his Complaint-Affidavit.