REPUBLIC OF THE PHILIPPINES

MUNICIPAL CIRCUIT TRIAL CORT

MALVAR-BALETE
FOURTH JUDICIAL REGION
Province of Batangas

THE PEOPLE
OF THE PHILIPPINES,
Plaintiff,

-versus- CRIM. CASE NO. 13-3307

For: Violation of BP Blg. 22

MARICEL IGONIA y VILLATE,

Accused.
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JUDICIAL AFFIDAVIT
(MARICEL IGONIA y VILLATE)

For this purpose, the oath is administered by Atty. Mae Belle D.

Dimaano pursuant to R.A. No. 9406. The examination of the witness was
conducted by Atty. Heart C. Lero at the office address of Public
Attorney’s Office in the Hall of Justice, Mayapis Avenue, Tanauan City,
Batangas.

The testimony of the witness is being offered to prove the

following: a) the material allegations in the instant case against the
accused have no basis; b) Accused has no intention to have the check
issued applied for payment; and d) other relevant matters.

The witness in answering the questions below is fully conscious

that she is under oath and is likewise fully aware that she may face
criminal liability for false testimony or perjury.

Q1: Please state your name, age, civil status, occupation and address?
A1: My name is Maricel Villate Igonia, 44 years old, married,
unemployed and residing at No. 63 San Vicente, San Pedro
Laguna.

Q2: Are you the same Maricel Igonia y Villate being criminally
charged before this Honorable Court?
A2: Yes.

Q3: You are charged for violation of Batas Pambansa bilang 22 before
this Honorable Court, what can you say about that?
A3: It has no basis.
Q4: Why do you say that the charge against you has no basis?
A4: Because I have no intention to put the issued check on market or
circulation and because also that I have the intention to pay
complainant Cecelia Daňas on my monetary obligation with her.

Q5: What made you say that you have no intention to have the issued
check as payment of your obligation?
A5: Ms. Daňas knew at the time I issued the check that the same was
not funded as I would not have loan from her if I have funds on the
bank.

Q6: What made you then issued a check?

A6: I was urged to issue the said check because of assurance of Ms.
Daňas that the same was only for security and will not be apply for
payment.

Q7: Can you further elaborate your statement?

A7: I was prompted to issue the said check only to give Ms. Daňas
peace of mind and as symbol of my intention in fulfilling my
monetary obligations with her. That, I have no intention to have the
said check be deposited and placed as payment for my monetary
obligations with her.

Q8: What is your basis in saying that you have no intention to have the
issued check be placed as payment?
A8: I was paying my monetary obligations with her not through check
that I issued but through different modes of payment such as:
depositing payment through her account in BPI, BDO, personal
payment in cash personally received by her or of her relatives and
through Pera Padala.

Q9: How much did you borrowed?

A9: I can’t remember exactly how much ma’am because I borrowed on
different occasion since I met her in 2011 and most of my
borrowings from her were secured for the benefits of my friends
including my boss Kenitchi Matsushima.

Q10: Who is this Kenitchi Matsushima?

A10: A Japanese national ma’am. He was my former boss in Luster
Rubber Manufacturing located at LIMA Center, Lipa Batangas, he
was then the President.

Q11: What significance this Kenitchi Matsushima in this case?

A11: He was in truth ma’am the debtor of most of my borrowings with
Ms. Daňas. My boss Kenitchi Matsushima asked me on various
occasions to look for someone who is willing to lend money as he
needed the same.
Q12: What made you say that the debtor of most of your borrowings was
your boss Mr. Matsushima?
A12: Because in truth ma’am proceeds of the borrowings I made went to
him I only accommodate and helped him procure said amount.

Q13: If Mr. Matsushima was the recipient of money, then why did you
sign, borrow and issue a check?
A13: I was then naive, being kind and eager to please my foreigner boss.
Mr. Matsushima was kind to me and I treated him as a friend. I
have known him since 1996 and with all confidence that time that
there will be no problem since he said to me then that he is
expecting money to arrive soon. In short, I was only
accommodating a favor asked by Mr. Matsushima

Q14: Was Mr. Matsushima able to pay you for his borrowings?
A14: No ma’am.

Q15: Why so?

A15: I don’t know, his financial problem increased and he was further
buried with debts.

Q16: After borrowing for Mr. Matsushima, what happen next, if any?
A16: As I’ve said Mr. Matsushima was not able to pay and our monetary
obligation with Ms. Daňas increased

Q17: So what happen next, if any?

A17: Ms. Daňas advised me to obtain an emergency loan to apply the
same as payment with our previous monetary obligation with her.

Q18: Did you apply for loan?

A18: Yes ma’am, Php190,000; around Php120,000 thereof were applied
for Mr. Matsushima’s previous loan and the remaining went to
him.

Q19: Did you issue on said transaction check?

A19: Yes ma’am. The check that was subject of this case.

Q20: Why did you issue the same if proceeds of the loan amount went to
Mr. Matsushima?
A20: As I mentioned earlier, it was practice to issue check for Ms.
Daňas as mere security and symbol of obligation and also, I trusted
Mr. Matsushima as he was my friend and boss and I am confident
that he will pay me for it.

Q21: What happen next, if any?

A21: Mr. Matsushima totally failed to pay his debt and I was made liable
for it because of the check
Q22: Ms. Witness was you inform that the check was dishonored
thereafter?
A22: Yes, verbally.

Q23: Were you given notice to make good of the bounced check?
A23: No ma’am. I was only informed that the same bounced. I was not
instructed to make good of the amount of check bounced.

Q24: Ms. Witness, is it a practice with borrowing with Ms. Daňas to pay
through check account?
A24: No ma’am ever since I started borrowing from her, I paid my
monetary obligation through cash, deposit in bank account or
money transfer.

Q25: Before borrowing for Mr. Matsushima, did you borrow with Ms.
Daňas for yourself?
A25: Yes ma’am, as I said before, I often borrowed with Ms. Daňas for
myself and my friends also.

Q26: In your borrowings with Ms. Daňas, were you able to pay your
obligations?
A26: Yes ma’am, I pay my monetary obligation with Ms. Daňas.

Q27: What proof you have in saying that?

A27: I have with me various copy of receipts to prove that I am paying
with Ms. Daňas through cash, money transfer or deposits in bank
and that, I have no intention to evade my obligation with her.

Manifestation:

Your Honor, may we request that the list of payment made and copies of
various receipts in referenced thereof pertaining to different date
evidencing payment be marked as our Annexes “2” and “2-a” to “2-bb”
respectively.

FURTHER AFFIANT SAYETH NAUGHT.

IN WITNESS WHEREOF, I hereunto set my hand this 3 rd day of

May 2016 at the City of Tanauan, Batangas.

MARICEL VILLATE IGONIA

Affiant
 SUBSCRIBED AND SWORN to before me this 3rd day of May
2016 in Tanauan City, Batangas. Affiant exhibited to me her SSS ID with
number 04-3047422-2 bearing her picture and signature to prove her
identity.

ATTY. MAE BELLE D. DIMAANO

(Pursuant to R.A. No. 9406)

ATT E STAT I O N

I, HEART C. LERO, Filipino, of legal age, single, a member of

good standing of the Integrated Bar of the Philippines, with office
address at Public Attorney’s Office, Hall of Justice, Mayapis Avenue,
Tanauan City, Batangas, after having been duly sworn, attest that:

1. I conducted the examination of the accused, Maricel V. Igonia, in

the above Judicial Affidavit in relation to the above entitled case.
2. I have faithfully recorded the questions asked and the
corresponding answers given by the witness.
3. Neither I nor any other person present coached the witness in the
answers given.

IN WITNESS WHEREOF, I hereunto set my hand this 3 rd day of

May 2016 at the City of Tanauan, Batangas.

HEART C. LERO
Public Attorney I

SUBSCRIBED AND SWORN to before me this 3 rd day of May

2016 in Tanauan City, Batangas. Affiant exhibited to me her IBP ID with
Roll Number 61581 bearing her photograph and signature to prove her
identity.

ATTY. MAE BELLE D. DIMAANO

(Pursuant to R.A. No. 9406)

Copy furnished:

The Office of the Provincial Prosecutor

Tanauan City