Republic of the Philippines )
City of Tacloban )S.S.
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COMPLAINT-AFFIDAVIT
WE, FRANK DARWIN DEMILLO and LILIBETH CARCILLAR, Filipinos, of
legal ages, common-law spouses, and residents of Brgy. Zone 1, Sta. Fe,
Leyte, Philippines, after being sworn to in accordance with law, depose and
state:
1. That we know the persons of ANNA ALMADIN(ANNA for brevity), ERIC
ROSEL(ERIC for brevity) and EMMA ROSEL(EMMA for brevity)who are all
residents of Brgy. Anislag, Isabel, Leyte, Philippines;
2. That on the first week of December of the year 2018, Anna Almadin
together with Spouses Eric and Emma Rosel went to our house hoping they
could find a person who could lend Anna money amounting to THREE
HUNDRED THOUSAND PESOS(Php300,000.00) to be used for an emergency
purpose;
3. That Emma is Anna’s Aunt and Eric is a cousin of complainant Lilibeth
Carcillar;
4. That our father asked us if we could help by lending Anna the money she
needed;
5. That we told them first that if they are looking for that big amount of
money, they should go to a bank and apply for a loan. They replied that it
would take time before they could loan the amount and that they needed
the money right away;
6. That we asked Anna on what purpose she was borrowing money and she
replied that it would be used for the preparation for her wedding;
7. That she told us that her groom had already given her the money for the
said wedding and that she had used the same for business purposes
specifically livestock farming;
8. That she needed to borrow the money right away because her groom is
coming to the Philippines in two weeks time;
9. That upon hearing her reasons, we were hesitant to lend her money;
10.That Anna told us that if we will lend her money, she will pay us within
three (3) months with an interest of 10% for each month amounting to Php
90,000 for the 3 months period;
11.That despite her offer, we were still hesitant to lend her money because
what we have is hard earned money from our work and that we could not
just easily lend anyone with that big amount;
12. That Eric and Emma gave their word to us and guaranteed that Anna will
pay the amount within 3 months’ time and because Eric was Lilibeth’s
cousin, we were convinced and finally gave in to their plea;
13. That because the money we lent her was quite a big amount, we asked her
if she has anything that would serve as a collateral for the money she’s
going to borrow;
14. That she said that she had bought a portion of a titled property in Isabel,
Leyte;
15. That because she had a real property to be used as collateral, we agreed to
lend Anna the amount of Three Hundred Thousand pesos (Php 300,000.00).
16. That we told her that even though there was a land which would serve as a
collateral, we would still want that the money be returned as it is our hard
earned money and we will be using it for the construction of our own
home;
17. That we asked Anna to facilitate the preparation of the Promissory Note
with Real Estate Mortgage and further asked her to furnish us a copy of the
Title of the portion of land that she bought(Copy of the Promissory Note
with Real Estate Mortgage and photocopy of the Certificate of Title is
hereto attached and marked as Exhibits “A” and “B” respectively);
18. That while she was in the process of preparing the Promissory Note with
Real Estate Mortgage, we made the withdrawal with our bank on each of
our accounts with Php 150,000 each totalling Php 300,000.00;
19.That when Anna had already with her the above-stated document and the
photocopy of the Title of the real property, we decided to meet Anna,
Emma and Eric inside their car at the parking lot of Robinsons Mall,
Marasbaras, Tacloban City on December 5, 2018;
20. That inside their car, we gave them the money and in exchange they gave
us the mortgage contract so as the photocopy of the Title and we also had
an exchange of numbers;
21. That after three (3) months, we decided to contact and call Anna on when
she is going to pay the money since it was already past three months’ time.
Anna asked and told us to give her more time. She told us that the money is
already there but cannot be withdrawn yet because the money was being
sent from another country and it would take time before it would available
for her to withdraw it;
22. That we believed what she said and gave her more time;
23. That in the second week of April, we called Anna and Emma again to ask
for the payment of the money they borrowed for the reason that we
already needed the money;
24. That Anna answered and told us that she still doesn’t have the money and
further asked us again to give her more time because her mother is in the
hospital and she also needed money for her mother’s dialysis. Being
considerate of her situation, we gave her again more time and told her to
call us if she had the money already;
25. That as the months went by, we did not receive any call from them. We
tried to contact them by calling their contact numbers that we have but
their phones just kept on ringing until the time that the phone operator will
be the one answering and thereafter their phones would become
unreachable or out of coverage area;
26. That we were already pissed because we haven’t heard anything about
them and we cannot even contact them when all the while we were being
considerate to them about their situation and yet they did those things to
us;
27.That every week, we even went to the house of Emma and Eric in Barugo,
Leyte hoping we could talk to them personally and ask them of the
whereabouts of Anna but we just lost hope because we cannot even find
them in their house. We just learned that they have already transferred and
were already residing in Isabel, Leyte;
28. That in the second week of November 2019, we decided to go to Isabel,
Leyte together with our parents and the parents of Emma and Eric to
accompany us to the place where they are residing;
29. That upon arrival in the place, we saw Emma and Eric but Anna wasn’t
there. They said that Anna have just left and was on her way to Ormoc City;
30. That while we were there, we met the mother of Anna. She thanked us for
lending Anna the money because it was used for her dialysis. She further
said that they will be able to pay us because they will be selling a piece of
their land in Isabel, Leyte and that they have already a buyer processing the
papers for the sale;
31. That Anna’s mother promised us that by the end of November 2019, they
will be able to pay us. We asked Emma for their contact numbers so that
we can contact them by the end of the month. We told her that Anna
should already pay us because it’s almost one (1) year and she haven’t
given any amount;
32. That after we have talked to them and trusted that they will make good on
the promise to pay us by the end of November, we left and traveled home;
33. That as December 2019 arrived, which was already more than one year
since Anna borrowed money from us, and the year 2020 is just a couple of
weeks away, we still haven’t heard anything from them. We just learned
that Anna has already built a house in Ormoc City and was already residing
there. We can’t even contact Emma and Eric with the phones because they
are always out of coverage;
34. That one time, our father told us that Emma and Eric went to Carigara,
Leyte and that he had talked to them. They once more asked that Anna be
given more time for her to be able to pay;
35. That since they haven’t been true to their words, we decided to consult an
Attorney;
36. That on May 26, 2020, we sent a demand letter to Anna Almadin(Copy of
Demand Letter is hereto attached and marked as Exhibit “C”);
37. That until now, we haven’t received any payment from Anna Almadin.
We are therefore executing this Complaint-Affidavit in support of the
charges for Violation of Article 315 of the Revised Penal Code against
ANNA ALMADIN, ERIC ROSEL and EMMA ROSEL who may be served
with subpoena and other processes of this Honorable Office at their
last known address at Brgy. Anislag, Isabel, Leyte Philippines;
IN WITNESS WHEREOF, we have hereunto set our hands this
_______________________________ at Tacloban City, Philippines.
FRANK DARWIN DEMILLO LILIBETH L. CARCILLAR
COMPLAINANT COMPLAINANT
SUBSCRIBED AND SWORN to before me this ______________________ at
Tacloban City, Philippines. Affiants both personally known to the Notary Public.
CERTIFICATION
I HEREBY CERTIFY that I have personally examined the affiants-
complainants and that I am satisfied that they voluntarily executed and
understood their Complaint-Affidavit
