REPUBLIC OF THE PHILIPPINES

OFFICE OF THE PROSECUTOR

PASIG CITY

RIPERMIX TRADING AND CONSTRUCTION I.S. No.__________

CORPORATION FOR: ESTAFA AND
Complainant, VIOLATION OF
B.P. Blg. 22
- versus -

XXYYZZ ARCHITECTS
Respondent

x-------------------------------------------------------------x

COMPLAINT-AFFIDAVIT

I, MARCUS VITO C. PEREZ, Filipino, of legal age, with office address at

Unit 25E Mahogany Gardens, Pasig City, Manila, after having been duly sworn in
accordance with law, do hereby depose and state that:

1) I am the present General Manager of Ripermix Trading and

Construction Corporation, said company being a domestic corporation
engaged in the business of providing construction services to developers,
funding agents, and development organizations, with principal office at Unit 25E
Mahogany Gardens, Pasig City, Manila, hereinafter referred to as RTCC for
brevity;

2) Along with my duties and responsibilities as such, is to represent the

company in the cases it files before any court/tribunal/judicial agency in order to
protect its interests, as manifested in the herein attached Secretarys Certificate
and herein marked as Annex "A";

3) As mentioned above, RTCC is engaged in the business of providing

construction services, and among its clients is an establishment engaged in
architectural services, known as XXYYZZ ARCHITECTS" owned and managed
by MS. SCARLET SNOW;

4) Said business establishment has its known office address at 1111

Tower F, Rockwell Drive,Pasig City, as represented by its Owner/Proprietor MS.
SCARLET SNOW with the same residence address at the aforementioned
business address, who is authorized to accept summons and legal processes in
all legal proceedings & all notices affecting the aforementioned establishment at
its aforementioned business address;

5) On various dates commencing from January 2016 up to April 2016, MS.

SCARLET SNOW, doing business under the name XXYYZZ ARCHITECTS,
engaged the services of RTCC in furtherance of their business activity. In the
course thereof, XXYYZZ ARCHITECTS has incurred several unpaid obligations
to RTCC;

6) Commencing from January 2016, XXYYZZ ARCHITECTS has failed to

pay their accounts regularly to RTCC which in turn made them incurred a total
obligation of TEN MILLION PESOS (PHP10,000,000.00) as reflected inthe
herein attached Statement of Account as of January 23, 2017 and marked as
Annex B;

7) From that date onwards, RTCC found it hard to collect for payments
from XXYYZZ ARCHITECTS in spite of several demand letters which were sent
to and received by them;

8) However, on August 14, 2016, MS. SCARLET SNOW tendered to

RTCC a post-dated BPI Savings Bank Check dated August 14, 2016, with
Serial No. 1234567890, amounting to FIVE HUNDRED THOUSAND PESOS
(PHP500,000.00), supposedly representing their payment for their Cash Bond.
Photocopy of the said check is hereto attached and marked as Annex C;

9) Consequently, when negotiated/presented for payment to the drawee

bank, aforesaid check was returned unpaid by the Bank of the Philippine Islands
(BPI), Taguig City Branch, with business address at Pedro Cayetano Blvd.,
Taguig City, Manila, on the specified date therein, for reason that it is DRAWN
AGAINST INSUFFICIENT FUNDS, as seen in the attached Annex D hereof;

10) Proper notifications and demand were made and sent to MS.
SCARLET SNOW, the latter being the signatory of the check, so that they or she
could replace them with CASH and/or settle said accountability with the reason
of the return thereof. Copy of the latest demand letter is hereto attached and
marked as Annex E hereof;

11) In spite of the successive demand letter sent by our in-house counsel,
MS. SCARLET SNOW and/or XXYYZZ ARCHITECTS, failed and refused, and
continue to fail and refuse to redeem in cash the face amount of the unfunded
returned check. Filing of this case was even suspended for almost several times
already just to give them the ample time and opportunity to settle their obligations
in full, but the same served futile;

12) I am executing this affidavit to attest to the truth of the foregoing facts
and for the purpose of charging MS. SCARLET SNOW as the Owner/Proprietor
of their business XXYYZZ ARCHITECTS forEstafa and violation of the provisions
of BATAS PAMBANSA BLG. 22.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that after notice

and hearing the respondent be indicted for ESTAFA and VIOLATION OF B.P.
BLG. 22 to protect/preserve the right/interest of the complainant to recover his
claim of Ten Million Pesos (P10,000,000.00), plus exemplary damages of
P100,000.00, moral damages of P100,000.00, attorneys fees of P125,000.00
plus 5% of the recoverable amounts, and costs of suit.

Taguig City, September 14, 2017

 \RIPERMIX TRADING AND CONSTRUCTION CORPORATION
Complainant

By:

MARCUS VITO C. PEREZ

Affiant
LTO Drivers License No. 098765
Expiring on June 25, 2020

Assisted by:

YAMBOT LAW OFFICES

Counsel for Complainant
1010 Penthouse Mansion,
McKinley Hills, Pasig City 1400
Tel. No. 7897700; Fax No. 7899999

TIMOTHY JAMES M. YAMBOT

Roll No. 231993, 06/22/16
IBP Lifetime Member No. 1209
IBP Pasig Chapter
PTR No. 123456, 01/31/17
MCLE Compliance No. IV-2234, 05/04/17

SUBSCRIBEDANDSWORN to beforeme this ___ day of September 2017,

affiant/complainant showing his official identification document as stated above.

Assistant City Prosecutor

CERTIFICATION

I hereby certify that I have personally examined the affiant and that I am
fully satisfied that she voluntarily executed and understood her sworn statement.

Assistant City Prosecutor

 VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, _______________________,of legal age, after having been duly sworn in

accordance with law, depose and state that:

1. I am the complainant in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of documents
and records in my possession;

4. I have not commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;

5. To the best of my knowledge and belief, no such action or proceeding is

pending in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;

6. If I should thereafter learn that a similar action or proceeding has been filed or
is pending before the Supreme Court, the Court of Appeals, or any other tribunal
or agency, I undertake to report that fact within five (5) days therefrom to this
Honorable Court.

___________________________

Affiant

SUBSCRIBED AND SWORN to before me this ___ day of __________ 200_ at

_________________ affiant exhibiting to me his Community Tax Certificate
No.____________________ issued on ________________ 20__ at
______________ City.

Doc. No. ;
Page No. ;
Book No. ;
Series of 20_.

Notary Public
 Annex A

SECRETARY'S CERTIFICATE

I, PAUL GABRIEL M. ADOR-DIONISIO, duly appointed and incumbent

Corporate Secretary of RIPERMIX TRADING AND CONSTRUCTION
CORPORATION (RTCC), a corporation duly organized and existing under and
by virtue of Philippine laws with principal office address at Unit 25E Mahogany
Gardens, Pasig City, Manila, hereinafter referred to as the "Corporation", after
being duly sworn to in accordance with law, do hereby depose and state that at a
Special Meeting of the Board of Directors held on February 14, 2016,at its
aforesaid address and at which meeting all of the members of the Board of
Directors were present and acting throughout, the following resolution, on motion
duly made and seconded, was unanimously approved:

Board Resolution No. 1029

"RESOLVED, AS IT IS HEREBY RESOLVED, That the
Corporation through the Board of Directors, direct and authorize, as
it hereby directs and authorizes its General Manager, MR.
MARCUS VITO PEREZ, to institute and/or file a Criminal Case for
violation of Article 315, Par. 2(d), Revised Penal Code and violation
of B.P. Blg. No. 22 (Bouncing Checks Law) against XXYYZZ
ARCHITECTS and/or MS. SCARLET SNOW, before the
appropriate tribunal/judicial body having jurisdiction over the
aforementioned case;
"RESOLVED FURTHER, That the Corporation authorize, as it
hereby authorizes its General Manager, MR. MARCUS VITO
PEREZ, to sign any and/or all pleadings and other relevant
documents pertinent to the case.
"RESOLVED FINALLY, That the Corporate Secretary be directed,
as he is hereby authorized and directed to furnish all persons
concerned, copies of the foregoing resolution.

Specimen Signature:

Name Position Signature

Marcus Vito C. Perez General Manager ____________________

IN WITNESS WHEREOF, I hereunto affix my signature this 22nd day of February

2016 at Pasig City, Philippines.

__________________________
Paul Gabriel M. Ador-Dionisio
Corporate Secretary

SUBSCRIBED AND SWORN to before me this 22nd day of February 2016,

affiant exhibiting his Passport No. 091290 which will expire on April 28, 2020,
and issued at Makati City on May 04, 2015.
Doc. No. _____
Page No. _____
Book No. _____
Series of _____

Notary Public
 Annex B

Statement of Account

May 01, 2016

Ripermix Trading and Construction Corporation

Unit 25E Mahogany Gardens, Pasig City,
Philippines 1400
Tel. No. 9111111; Fax No. 9198470

Bill to:

XXYYZZ Architects
1111 Tower F, Rockwell Drive, Pasig City
Philippines 1234

Account Charges

Date No. Description Amount Payment Remaining

01/30/16 CR00123 Credit 2,500,000 - 2,500,000
02/30/16 CR00456 Credit 2,500,000 - 2,500,000
03/30/16 CR00789 Credit 2,500,000 - 2,500,000
04/30/16 CR01012 Credit 2,500,000 - 2,500,000

Payment Total: Php 0.00

Amount Due: Php10,000,000.00

Date Due: May 01, 2016

Interest in the amount of 6% per annum will start accruing on the unpaid balance
as of May 01, 2016.

Make all checks payable to Ripermix Trading and Construction Corporation.

Account Number: 123456

_________________________
Paul Gabriel M. Ador-Dionisio
Corporate Secretary