Republic of the Philippines

Department of justice
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
Iloilo City

Agatha Christie NPS No. VI – 11-INV –

16F- 000879
Complainant
FOR: SWINDLING /
Versus ESTAFA
Juan Luna

Respondent
X-------------------------------------x

JUDICIAL AFFIDAVIT OF AGATHA CHRISTIE

Purpose of Testimony
The testimony of the witness is being offered to prove that:
1. She is the complainant in a Criminal Complaint for Estafa against
JUAN LUNA;

2. She is the offended party in the said case as proven by the facts
which showed that the accused has committed acts constitutive
of Estafa;

3. There is proof beyond reasonable doubt to show that the accused

committed the crime of which he is being charged.
Preliminary Statement
I am AGATHA CHRISTIE, a resident of 144, E. Lopez St., Jaro, Iloilo
City, Philippines and under the examination of Atty. Karen Edaniel
with office address at Suite 10, Grand Estate, General Luna St., Iloilo
City where the examination is being conducted in the English language
and do hereby execute this judicial affidavit and declare that she is fully
conscious that she is answering the questions asked of her under oath
and that she can be prosecuted for perjury or false testimony in case of
untruthful statement she will make in this judicial affidavit.
Questions and Answer
1. Question (Q): Please raise your right hand and do you answer to
tell the truth and the whole truth?
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Answer (A): yes, I swear to tell the truth.

2. Q: What is your purpose in executing this Judicial Affidavit,
Ma’am?
A: To execute my Complaint Affidavit against Juan Luna, of legal
age, married and a resident, a resident of South Baluarte, Molo
Iloilo City who falsely and fraudulently entered into a Deed of
Absolute Sale over a property he reputed to own with false
pretenses, deceit and deception which false pretense I relied upon
and which induced me to part with my money in favour of Juan
Luna in total amount equivalent to Php2,o00,000.00, Philippine
Currency.
3. Q: What is your basis in filing this complaint?
A: My basis are the documents which prove that the accused Juan
Luna has transacted with me for the purchase of his property
particularly described as Lot 1-A, Psd-06-123456 situated at
Magsaysay, Lapaz, Iloilo City, covered by Transfer Certificate of
Title No. T-56781 containing an area of 203 square meters and
registered in the name of the accused.
4. Q: What are these documents you mentioned to prove that you
have transactions with the accused?
A: First, there were two (2) deeds of sale signed by Juan Luna as
Vendor, me, Agatha Christie as Vendee. One, a public document
dated September 22, 2015 stating the consideration to be
PhP1,000,000.00 subscribed before Notary Public Rey Garcia and
entered in his Notarial Register as Doc. No. 123; Page No. 50; Book
No. XV; Series of 2015. The other, an undated and unsubscribed
document signed by the same parties stating that the actual
consideration is PhP2,000,000.00.
5. Q: Showing to you this document entitled Deed of Absolute Sale
dated September 22, 2015 stating the consideration to be
PhP1,500,000.00 subscribed before Notary Public Rey Garcia and
entered in his Notarial Register as Doc. No. 123; Page No. 50; Book
No. XV; Series of 2015. Is this the public document of the sale
transaction between you and Juan Luna?
A: Yes sir.
(Mark the Deed of Absolute Sale dated September 22, 2015 as
Exhibit “A”)

6. Q: Showing you this undated document entitled Date of Absolute

Sale signed by Juan Luna as Vendor and Agatha Christie as Vendee
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stating the consideration for the sale to be PhP2,500,000.00, Is this

the undated and unsubscribe Deed of Sale you were referring to?
A: Yes sir.
(Mark the Deed of Absolute Sale as Exhibit “A-1”)

7. Q: What’s the next document?

A: The next document is the original of the owner’s copy of Transfer
Certificate of Title No. T-56781 covering Lot 1-A, Psd-06-123456
entered on June 20, 2008. This was the title shown to me by Juan
Luna to foster a false belief that the title of lot subject of the sale is
clean with no annotations at the back of the said title.

8. Q: Showing to you the copy of Transfer Certificate of Title No.

56781 with no annotations at the back of the title or under the
Memorandum of Encumbrances, is it the title you are referring in
your answer to the previous question?
A: Yes, sir.
(Mark the copy of Transfer Certificate of Title No. 56781 with no
annotations at the back of the title or under the Memorandum of
Encumbrances as Exhibit “B”)
9. Q: What other documents, if any, are now available to you?
A: With the help of my lawyer, we were able to get hold of a true
electronic copy of Transfer Certificate of Title No. 56781 registered
in the name of Juan Luna from the Register of Deeds showing that
there were annotations at the back of the title on the Memorandum
of Encumbrances as far back as March 2010 which fact Juan Luna
did not disclose to Agatha Christie and Roberta Ludlum when he
transacted the sale of his property to Agatha.
10. Q: What were the annotations under the Memorandum of
Encumbrances of TCT No. T-56781 about?
A: The annotations relevant or material to our Investigation and
Inquiry are as follows: First, Entry No. 2010001223 entered on
March 23, 2010 annotates of the Affidavit of Loss executed Juan
Luna attesting that the owner’s copy of TCT No. T-56781 was lost
and is now beyond recovery. Second, Entry Number 20100007890
entered on September 21, 2010 annotates issuance of a new owner’s
copy of title by virtue of court order issued by Judge Lory Vergara
of RTC of Iloilo City, Brance 25 dated September 10, 2010.
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11. Q: Showing to you the true electronic copy of TCT No. T-56781
dated February 10, 2014, Is this the true electronic copy of the title
you are referring in your answer to the previous question?
A: Yes, Sir.
(Mark the true electronic copy of Transfer Certificate of Title No.
56781 dated February 10, 2014 with annotations under its
Memorandum of Encumbrance as Exhibit “C”)

12. Q: How is the document (Exhibit “C” herein) relevant to your

criminal complaint for Swindling (Estafa) against Jose Antonio
Alor?
A: According to my counsel, it proves the fact that Juan Luna at the
time he transacted the sale of Lot 1-A, Psd-06-123456 me is in
possession of two (2) owner’s copy of TCT No. T-56781. One which
has no annotations under its Memorandum of Encumbrances
(Exhibition “B” herein) and another (Exhibition “C” herein)
which cancelled the earlier owner’s copy of title. He delivered the
earlier title (Exhibition “B”) but concealed and hid the existence
of the subsequent title (Exhibition “C”) to his buyer.
13. Q: What other documents, if any, have you obtained from the
Register of Deeds, Province of Iloilo relative to Juan Luna’s Petition
for the Reissuance of a New Owner’s Copy of TCT No. T- 56781?
A: We were able to obtain the following: 1) A Certified True
Electronic Copy of the Affidavit of Loss executed by Juna Luna
dated March 23, 2010 subscribed before Notary Public Ron Cruz 2)
A Certified True Electronic Copy of the Order dated December 1,
2010 issued by Judge Lory Vergara of Iloilo RTC Branch 25 granting
the petition for reissuance of the owner’s copy of title by Juan Luna.
14. Q: Showing to you the certified true electronic copy of the
Affidavit of Loss executed by Juan Luna dated March 23, 2010
subscribed before Notary Public Ron Cuz, is this the electronic copy
of the affidavit of loss you were referring to in your answer to the
previous question?
A: Yes, sir.
(Mark the certified true electronic copy of Affidavit of Loss executed
by Juan Luna dated March 23, 2010 as “Exhibit D”)
15. Q: Showing to you the certified true electronic copy of the Order
dated October 1, 2010 issued by Judge Lory Vergara Presiding
Judge of Iloilo RTC Brance 22 granting the petition for reissuance
of the owner’s copy of title by Jose Antonio Alor, is this the
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electronic copy of the order you were referring to in your answer to

question number 13?
A: Yes sir.
(Mark the certified true electronic copy of order dated October 1,
2010 issued by Judge Lory Vergara, Presiding Judge of Iloilo RTC
Brance 25 granting the petition for reissuance of the owner’s copy
of title by Juan Luna as “Exhibit E”)
16. Q: What other acts, if any, did you discover, or documents, if any,
did you obtain to support your criminal complaint for Swindling
(Estafa) against respondent Juan Luna?
A: We discovered that Juna Luna instead of surrendering his newly
reissued owner’s copy of Certificate of Title No. 56781 to the buyer
of the property he sold, in this case Agatha Christie, he further
deceived and defrauded his buyer by instead transferring the
ownership of the property to his two (2) Robert Luna and Antonio
Luna;

17. Q: What proof, if any, do you have of such act by Juan Luna?
A: We were able to obtain from the Register of Deed, City of Iloilo,
the following documents: 1) A certified true electronic copy of a
Deed of Donation executed by Jose Antonio Alor in favor of his sons
Robert Luna and Antonio Luna dated June 6, 2014 subscribed
before Notary Public Roberto Ric Segreto and entered in his
Notarial Register as Doc. No. 123; Page No. 71; Book No. 166; Series
of 2014; 2) A certified true electronic copy of the cancelled TCT T-
56781 including the annotation under the Memorandum of
Encumbrances which caused the cancellation of the title, and 3) A
certified true electronic copy of Transfer of Certificate of Title No.
095-20140005678 registered in the name of Robert Luna and
Antonio Luna which cancelled TCT No. T-56781 which was issued
on December 1, 2014.

18. Q: Showing to the true electronic copy of the Deed of Donation

executed by Juan Luna in favor of his sons Roberto Luna and
Antonio Luna dated June 6, 2014 and subscribed before Notary
Public Ric Segreto, is this the deed od donation you were referring
in your answer to question number 18?
A: Yes, sir.
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(Mark the certified true electronic copy of Deed of Donation

executed by Juan Luna in favor of his sons Roberto Luna and
Antonio dated June 6, 2014 as “Exhibit F”)
19. Q: Showing to you the certified electronic copy of the cancelled
TCT No. T-56781 including the annotation under the Memorandum
of Encumbrances which caused the cancellation of the title, is this
the electronic copy of the cancelled TCT No. 56781 you were
referring to in your answer to question number 18?
A: Yes, sir.
(Mark the certified electronic copy of the cancelled TCT No. T-56781
as “Exhibition G”)
20. Q: Showing to you the certified electronic copy of Transfer
Certificate of Title No. 095-20140005678 registered in the name of
Roberto Luna and Antonio Luna which cancelled TCT No. T-56781
and which was issued on June 6, 2014, is this the electronic copy of
the title which cancelled TCT No. T-56781?
A: Yes, sir.
(Mark the certified electronic copy of Transfer Certificate of Title
No. 095-20140005678 which cancelled TCT No. T-56781 as
“Exhibition H”)
21. Q: What other documentary proof do you have in relation to the
filing of this Swindling (Estafa) case?
A: I have here the details of bank transaction and the paper trail of
the money I sent for the payment of the consideration of the sale.

22. Q: Do you have these documents with you and can you describe
it to me?
A: I have here the certification of Jane Amor of BDO Remittance,
Makati containing detailing the amounts sent to Juan Luna through
Banco de Oro (BDO). Attached also were the seven (7) credit memos
of the Bank of the Philippine Islands (BPI) showing the amounts
paid to Juan Luna through BPI.

23. Showing to you the certification of Jane Amor of BDO

Remittance, Makati City, Is this the certification you refer to in you
answer to Question No. 23?
A: Yes, sir.
(Mark the three (3) page certification of Jane Amor as Exhibits “I”)
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24. Showing to you the copies of the seven (7) credit memos of the
Bank of the Philippine Islands (BPI), are these the credit memos you
were referring to you answer in Question 23?
A: Yes, sir.
(Mark the seven (7) credit memos of (BPI) as Exhibits and “I-1”, “I-
2”, I-3”, “I-4”,”I-5”, “I-6”,I-7”)
25. Q: What do all these documents you have in your possession
signify or represent to you?
A: With help of my lawyer who examined and analysed these
documents, all these documentary evidence show and signify the
paper trail of the elaborate and malicious scheme and design of
respondent of Juan Luna to deceive and defraud me of my money
in the amount of Php2,000,000.00 without parting with his
property. Juan Luna only wanted to get my money but never wanted
to transfer the title and ownership of the property in my name.
26. Q: Do you affirm and confirm to the truthfulness of your
foregoing affidavit or statement?
A: Yes, sir.

27. Q: Are you awake or do you understand that you are answering
these questions asked under your oath and that you may face
criminal liability for false testimony or perjury?
A: Yes, sir.
IN WITNESS WHEREOF, I have hereunto set my hands this
__________________at Iloilo City, Philippines.

AGATHA CHRISTIE
Affiant
SUBSCRIBED AND SWORN to before me in the City of Iloilo,
Philippines, this _______________ by AGATHA CHRISTIE, who
presented to me her competent proof of identity, VOTER’S ID No.
2345705943, and I do hereby certify that I have examined the affiant
and I am satisfied that she has voluntarily executed the foregoing
judicial affidavit.
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KAREN EDANIEL
Notary Public, City and Province of Iloilo
Notarial Commission Reg. No. 567
Issued on January 15, 2o17, Iloilo City
For a Term ending on December 31, 2018
Room 3, 2nd Floor, Bookworm Haven
Doc. No:___; Lopez Jaena St., Jaro, Iloilo City
PTR No. 1234567/January 7, 2017/ Iloilo City
Page No:___; IBP No. 0987654/January 7, 2017/ Iloilo City
Book No:___; Roll of Attorney No. 55456
Under MCLE Compliance No.0000876
Series of 2017.

ATTESTATION
I, ATTY. KAREN EDANIEL, do hereby attest under oath that I
conducted and supervised the examination of the witness AGATHA
CHRISTIE to the effect that I faithfully recorded or caused to be
recorded the questions I asked and the corresponding answers that the
witness gave and neither I nor any other persons then present or
assisting her coach the witness regarding the latter’s answers.
I do hereby attest to the foregoing facts this ___________, at
Iloilo City, Philippines.

ATTY. KAREN EDANIEL

SUBSCRIBED AND SWORN to before me in the City of Iloilo,

Philippines, this _______________ by ATTY. KAREN EDANIEL
who presented to me her Tax Identification Number 500-245-125,
known to me to be the same person who personally signed before me
the foregoing attestation and she acknowledged that she executed the
same.

RAYMOND DEL CASTILLO

Notary Public, City and Province of Iloilo
Notarial Commission Reg. No. 789
Issued on January 15, 2o17, Iloilo City
For a Term ending on December 31, 2018
Room 3, HIGH Rise Tower
Doc. No. ______; Lopez Jaena St., Jaro, Iloilo City
Page No. ______; PTR No. 6454567/January 9, 2017/ Iloilo City
IBP No. 0957654/January 9, 2017/ Iloilo City
Book No. ______; Roll of Attorney No. 45456
Series of 2017. Under MCLE Compliance No.0000890
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