Republic of the Philippines

8th Judicial Region

OFFICE OF THE PROVINCIAL PROSECUTION
Bulwagan ng Katarungan
Biliran

ANNIL VILLA NPS I.S. NO. VIII-08-INV-17-00001

Complainant, FOR: VIOL. OF B.P. BLG. 22

-versus-

ADAM VIRNELL PASWEET,

Respondent.
x--------------------------------------x

COMPLAINT-AFFIDAVIT
PREFATORY STATEMENT

This is the complaint-affidavit of complainant, ANNIL VILLA,

Filipino, of legal age, single, and a resident of Brgy. 85, San Jose,
Tacloban City. The statements were taken and recorded based on the
examination made by Atty. Jonathan Mapagbigay, Notary Public for
Leyte, including the cities of Tacloban and Ormoc, at the office of the
same lawyer on April 5, 2018.

The complainant answered under oath in the English language

and had sworn that she understood her statements made here and
stands for their veracity. She was made aware that she made these
statements under oath and fully conscious that she may face criminal
liability for false testimony or perjury.

PURPOSE(S) OF THE AFFIDAVIT

This complaint-affidavit in judicial affidavit form is offered pursuant

to Administrative Matter No. 12-8-8-SC, for the following purposes:

1. To establish probable cause for the filing of an information for

Violation of Batas Pambansa Bilang 22 against Adam Virnell
Pasweat;

2. To identify and testify on relevant and material documents; and

 3. To prove other relevant matters.

The following questions and answers were asked and recorded:

QUESTION 1: Please state your name, age, civil status, occupation

and present address.
ANSWER 1: I am Annil Villa, of legal age, single, an entrepreneur
and a resident of Brgy. 85, San Jose, Tacloban City.

Q 2: What brought you to this office?

A 2: I am going to make a complaint-affidavit.

Q 3: In which language do you prefer your affidavit to be made?

A 3: In English.

Q 4: What is the purpose of the affidavit?

A 4: It is for the filing of a criminal case against Adam Virnell
Pasweat.

Q 5: Are you aware that you are only to tell the truth and nothing
but the truth and any false testimony you make will make you
criminally liable?
A 5: Yes, sir.

Q 6: Who is this Adam Virnell Pasweat (Adam for brevity)?

A 6: He used to do business with me. He is a fish vendor at the
market in Tacloban City and a resident of Brgy. 34, Tacloban City.

Q 7: Why are you now filing a criminal case for violation of Batas
Pambansa Bilang 22 against Adam?
A 7: Because he failed to make good his obligation to fund the check
he wrote for me.

Q 8: What was this check for?

A 8: It was issued to me as a deferred payment for a loan.

Q 9: Will you describe the said check?

A 9: Yes, the check and it pertinent details are as follows:
Check Check Date of Amount Date of Reason
Number Issue Presentme for
nt Dishonor
Landbank 012345 Jan. 15, PHP Feb. 14, DAIF
2018 150,000.00 2018

TOTAL PHP
150,000.00

Q 10: So how did you know that the said check was not made good?
A 10: When I presented the check for payment, the drawee bank
noted that said check was dishonoured and the reason for return was
either “DAIF”.

Q 11: How do you know of this?

A 11: It was marked so by the drawee bank, LANDBANK- Real
Branch that the checks had been dishonored for insufficient funds.

Q 12: Do you still have the dishonoured check that you are referring
to?
A 12: Yes, sir I have it here with me.

Q 13: Who was the one who issued this check to you?
A 13: The check from LANDBANK was issued by and drawn from
the account of Adam.

Q 14: I am showing to you now the check which is Pay to the Order.
How is this related to the check which you mentioned earlier?
A 14: This is the same dishonored check issued to me by Adam.

Q 15: Do you agree to attach this check1 from Landbank?

A 15: Yes, sir.

Q 16: Did you inform Adam about the dishonoured check?

A 16: Yes, he was sent a Final Demand Letter to his residential
address at Brgy. 34, Tacloban City thru the Philippine Post Office.

Q 17: What was the letter about?

A 17: It was to inform Adam of his existing and unpaid obligation
and the dishonoured check which was issued to me and a demand for
payment for the amount in the check and for him to settle the
1 Please refer to the copy of the check hereunto attached as ANNEX- A;
payment of the same within five (5) banking days from receipt of the
letter.

Q 18: I have here a Final Demand Letter dated March 20, 2018
addressed to Adam Virnell Pasweet. How is this related to the letter
that you sent to Adam?
A 18: This is the same letter informing Adam about the dishonoured
check and asking him to settle the same within FIVE (5) banking days.

Q 19: Do you agree to have this Final Demand Letter dated March 20,
2018 attached to your affidavit as ANNEX-”B”?
ANSWER19: Yes, sir.

Q 20: Was he able to receive your letter?

A 20: Yes, sir.

Q 21: How do you know that they were able to receive your letter?
A 21: I have here with me the Registry Return Card for the Final
Demand Letter, indicating that the same was received and signed by
Adam on March 25, 2018.

Q 22: Do you agree to attach this Registry Return Card 2 from

PhilPost to this Complaint-Affidavit?
A 22: Yes, sir.

Q 23: Did you receive any reply from Adam?

A 23: None, sir. I had likewise tried to contact him by calling and
texting them regarding the amount they owed me however he did not
respond to me at all.

Q 24: Are you aware that you made these statements under oath and
fully conscious that you may face criminal liability for false testimony
or perjury?
A 24: Yes, sir.

Q 25: Are you willing to affix your signature here in order to prove
that you have voluntarily made this affidavit and also understood the
contents herein?
A 25: Yes, sir.

Q 26: Is there anything else that you wish to say?

A 26: None at the moment, sir.
x------END OF INQUIRY------x

2 Please refer to the copy of the Certification hereunto attached as ANNEX- C.

Republic of the Philippines )
Tacloban City ) S.S.

AFFIANT’S OATH AND ATTESTATION

I, ANNIL VILLA, Filipino, of legal capacity and competence to

comprehend without any vice of consent, hereby attest to have
voluntarily and truthfully made the answers to the foregoing
questions.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this day, April 30, 2018, in Tacloban City, Philippines.

ANNIL VILLA
Affiant

SUBSCRIBED AND SWORN to before me, this day, April 30, 2018,
in Tacloban City, Philippines, affiant being personally known to me.

ATTY. JONATHAN MAPAGBIGAY

Atty’s Roll No. 2131312/ May 2, 2013
PTR No. 233426543:1-04-18, Tacloban City
IBP No. 564242:4-4-18, Leyte Chapter
Doc. No.:____; MCLE Compliance No. IV-433333, 11-12-2016
Valid Until December 30, 2019
Page No.:____;
Book No.:____;
Series of 2018
 EXAMINING LAWYER’S SWORN ATTESTATION

I, JONATHAN MAPAGBIGAY, Filipino, of legal age, married,

a member in good standing of the Integrated Bar of the Philippines,
Leyte Chapter and with office address at Mahatag Bldg., P. Burgos St.,
Tacloban City, hereby depose under oath that:

1. I have faithfully recorded or cause to be recorded in my

laptop computer the questions I have asked to the above
witness and the corresponding answer that the witness gave;
and

2. I have not nor any person present assisted or coached the

witness regarding the latter’s answers.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this day, April 30, 2018, in the City of Tacloban, Philippines.

ATTY. JONATHAN MAPAGBIGAY

Affiant

SUBSCRIBED AND SWORN to before me this day, April 30,

2018, in the City of Tacloban, Philippines, affiant being personally
known to me.
ATTY. SANGKAY NIJONATHAN
Atty’s Roll No. 313131/ April 1, 2001
PTR No. 2312311:1-04-18, Tacloban City
Doc. No.: 213; IBP No. 454532:4-4-18, Leyte Chapter
Page No.: 42; MCLE Compliance No. IV-222222, 11-12-2016
Valid Until December 30, 2019
Book No.: III;
Series of 2018