Republic of the Philippines

12th Judicial Region

OFFICE OF THE CITY PROSECUTOR
Bulwagan ng Katarungan
Iligan City

Vincenso Cassano,
Complainant,
NPS NO. 132

-versus- FOR: Violation of

Batas Pambansa Bilang
22

Maria Katrina Cassandara C.

Concepcion,
Respondent.

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COMPLAINT – AFFIDAVIT

PREFARATORY STATEMENT

This is the complaint-affidavit of complainant VICENSO CASSANO,

Filipino, of legal age, and a resident of Purok 2, Brgy. Hinaplanon, Iligan
City. The statements were taken and recorded based on the examination
made by Atty. Abdullah M. Edris, Notary Public for Iligan City, at the office
of the same lawyer on September 5, 2021.

The complainant answered under oath in the English language and

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

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 PURPOSE OF THE AFFIDAVIT

This Complaint Affidavit of VICENSO CASSANO, the Complainant of

the above case, is executed to serve his direct testimony in the instant
case.

The Complaint Affidavit is being offered to prove the following:

1. To establish the elements for the filing of an information for

Violation of Batas Pambansa Bilang 22 (An Act Penalizing the
Making or Drawing and Issuance of a Check Without Sufficient
Funds or Credit and For Other Purposes) against Maria Katrina
Cassandra “KC” C. Concepcion;

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

3. To prove other relevant matters.

The following questions and answers were asked and recorded:

Atty. Abdullah M. Edris : Do you swear to tell the

truth the whole truth and
nothing but the truth in the
taking of your affidavit?

VICENSO CASSANO : I do.

1. Q: Will you please state your name and other circumstances?

A: I am VICENSO CASSANO, of legal age, a resident of Purok 2,

Barangay Hinaplanon, Iligan City.

2. Q: What brought you to the office?

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 A: I am going to make a Complaint-Affidavit against Ms. Maria Katrina
Cassandra C. Concepcion, a resident of Brgy. Pala-o, Iligan City.

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

A: In English.

4. Q: What is the purpose of the affidavit?

A: It is for the filing of a criminal case of violation of BP 22 against Maria

Katrina Cassandra “KC” C. Concepcion, a resident of Brgy. Palo-o
and accordingly to establish the elements of the violation of the same.

5. Q: Why do you want to establish the elements of violation BP 22?

A: To concretely provide for the violation committed by Ms. Concepcion

against me, especially in the making, drawing or issuance of any
check to apply for account or for value; her knowledge that at the time
she issued the check she does not have sufficient funds in or credit
with the drawee bank; and the subsequent dishonor of the check by
the drawee bank for insufficiency of funds or creditor dishonor for the
same reason. (Campos vs People of the Philippines)

6. Q: How do you know Ms. Concepcion?

A: She is the buyer of a piece of land, which I previously owned that is

situated in Brgy. Hinaplanon. I have here with me the Deed of
Absolute Sale of Real Property as proof of our transaction. She
currently has exclusive possession over the purchased property.

7. Q: Do you agree to attach this Deed of Absolute Sale to this Complaint

Affidavit as ANNEX “A-1” to “A-2 ”?

A: Yes Atty.

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8. Q: Why are you now filing a criminal case for violation of Batas
Pambansa Bilang 22 against Ms. Concepcion?

A: Because she issued several checks as payment for the Sale of the
lot, however all the issued checks were dishonored upon
presentment of payment because the account where she drew the
cheques is already closed.

9. Q: When did Ms. Concepcion issue these checks to you?

A: She issued all the checks on June 12, 2021.

10. Q: Where did Ms. Concepcion issue those check to you?

A: She delivered and issued the BDO Unibank checks in my

residence at Purok 2, Barangay Hinaplanon, Iligan City.

11. Q: What was the total amount of the delivered checks?

A: The total amount of the delivered checks was the purchase

price for the lot of Php 350,000,000.00.

12. Q: How many checks were delivered by Ms. Concepcion?

A: Five checks were delivered by the Ms. Concepcion.

13. Q: What were the check numbers and amount of the checks?

A: The following are the check numbers of the BDO Unibank checks
with its amounts:
CHECK NO: 000013861 AMOUNT: Php 70,000,000.00
CHECK NO: 000013862 AMOUNT: Php 70,000,000.00
CHECK NO: 000013863 AMOUNT: Php 70,000,000.00
CHECK NO: 000013864 AMOUNT: Php 70,000,000.00
CHECK NO: 000013865 AMOUNT: Php 70,000,000.00

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14. Q: Do you agree to attach the 5 checks issued and delivered by Ms.
Conception to this Complaint Affidavit as Annex “B-1”, “B-2”, “B-3”, “B-4”
and “B-5”?

A: Yes, Atty.

15. Q: Since you’ve shown me the dishonored checks, may I know,

where you tried to deposit the checks?

A: I deposited the check in China Bank, SM Downtown Premier,

Cagayan De Oro City.

16. Q: When did you try to deposit the checks?

A: I deposited the checks on June 14, 2021.

17. Q: Do you agree to attach the deposit slip form China Bank to be
attached to this complaint as Annex “C”.

A: Yes, Atty.

18. Q: Why did you try to deposit the check on June 14, 2021?

A: In section 2 of BP 22, “The making, drawing and issuance of a

check of which refused by the drawee bank because of
insufficient funds in or credit with such bank, when presented
within ninety (90) days form the date of the check, shall be
prima facie evidence of knowledge of such insufficiency of
funds or credit.”

19. Q: What happened after your deposit?

A: I received a call from the Ivanah Alawi, the bank manager, on June
17, 2021.

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20. Q: What was the purpose of the call?

A: Ms. Alawi informed me that the 5 checks that I tried to deposit

were dishonored because of CLOSED ACCOUNT.

21. Q: What happened then?

A: The bank returned the five dishonored check to my person.

22. Q: Do you agree to attach the executed Judicial Affidavit of Ivana

Alawi, the bank manager of China Bank – SM Downtown
Premier, to this complaint as proof of your transaction with the
said bank, as Annex “D-1” to “D-6”.

A: Yes, Atty.

23. Q: Did you try to contact Ms. Concepcion regarding the dishonored
checks?

A: Yes.

24. Q: What was the response of Ms. Concepcion on your call?

A: After several diligent efforts to contact Ms. Concepcion, I can no

longer contact her after June 17, 2021.

25. Q: What else did you do?

A: I sent several demand letters, to notify her that all the checks that
she issued in Iligan City, were dishonored by the bank. In the
demand letters I attached copies of the dishonored checks.

26. Q: What happened then?

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 A: Unfortunately there was no response, nor any action from Ms.
Concepcion on the demand letters that I’ve sent.

27. Q: How many Demand Letters were sent to Ms. Concepcion that
were unheeded?

A: There were 3 demand letters that were sent to Ms. Concepcion.

28. Q: Do you agree to attach these Demand Letters to this Complaint

Affidavit as Annex “E-1” to “E-3”?

A: Yes, Atty.

29. Q: How did you serve these letters to Ms. Concepcion?

A: I used a courier service of LBC to affect service of the Demand

letters to the address of Ms. Concepcion.

30. Q: What document can you show that service to Ms. Concepcion was
successful?

A: I have 3 copies of the delivery receipt which were signed by Ms.

Concepcion.

31. Q: Do you agree to attach these delivery receipts to this Complaint

Affidavit as Annex “F-1” to “F-3”?

A: Yes, Atty.

32. Q: Who was the mail man who delivered the letters to Ms.
Concepcion?

A: The Mail man assigned in the area is Service Master Malic

Macatoon.

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33. Q: Do you Agree to attach this Judicial Affidavit of Service Master
Malic Macatoon to this Complaint Affidavit as Annex “G-1” to “G-6”?

A: Yes, Atty.

34. Q: What happened after the deliberate non-response of Ms.

Concepcion?

A: I went to the Lupon ng Barangay to try to settle the matter with Ms.
Concepcion, thinking that there will be a resolution on her
obligation with the bounced checks.

35. Q: What Barangay did you file the action against Ms. Concepcion?

A: Since we are both from Iligan City; I instituted my concern to the

Lupon of Brgy. Pala-o, since her residence is at the said Barangay.

36. Q: What happened then?

A: Ms. Concepcion did not attend any of the hearings from the Lupon,
after several Notice of Hearings that were sent to her person.

37. Q: What happened then?

A: The Barangay issued a Certification to File Action due to the

deliberate absence of Mrs. Concepcion.

38. Q: Do you agree to attach the Certification to File Action to this

Complaint Affidavit as Annex “H”?

A: Yes, Atty.

39. Q: Why did you file this case in Iligan City and not in Cagayan De
Oro?

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 A As what I’ve read in a case Morillo Vs. People of the
Philippines, “Violations of B.P. Blg. 22 are categorized as
transitory or continuing crimes. A suit on the check can be filed
in any of the places where any of the elements of the offense
occurred, that is, where the check is drawn, issued, delivered or
dishonored.” In this case, the checks were issued and delivered
in Purok 2. Barangay Hinaplanon, Iligan City.

40. Q Were you forced, coerced, intimidated, subjected to undue

influence in executing your affidavit?

A No Sir. It is my own free will that I executed this affidavit. I

executed my complaint affidavit knowingly and voluntarily.

41. Q: Have you read and did you understand your Complaint Affidavit
and if so do you reiterate and affirm the contents and averments of your
affidavit?

A: Yes Sir.

42. Q: Were you informed that any falsehood in your Complaint Affidavit
may result into criminal prosecution for perjury against you?

A: Yes Sir.

In witness whereof I have hereunto affixed my hand this

September 5, 2021 at the City of Iligan, Philippines.

VICENSO CASSANO
Affiant

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 Subscribe and sworn to before me this 5th day of September 2021, at
the City of Iligan, Philippines affiant VICENSO CASSANO exhibiting to me
his SSS UMID ID with ID Number: 08-1234-09 issued on January 9, 2001
at Iligan City.

ATTY. SALMA ABDULMALIK

Assistant City Prosecutor

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 ATTESTATION

I, Abdullah M. Edris, the undersigned attesting witness, of legal age, Filipino,

single, lawyer and a resident of Iligan City do hereby certify that

1. I am the lawyer who conducted the examination at the Amparado Law and
Associates, Iligan City at 3:00 pm., of Vincenso Cassano in the above-entitled criminal
complaint whose signature appears above his printed name and I faithfully recorded
the questions asked of him and the corresponding answers he gave as set forth above
in this judicial affidavit consisting of nine (9) pages which are correspondingly
numbered.

2. Neither the undersigned or any other person present coached the witness
regarding the latter’s answer and testimony

In witness whereof I have hereunto affixed my hand this April 22, 2021 at the City
of Iligan, Philippines.

Abdullah M. Edris
Affiant

Subscribe and sworn to before me this 5th day of September 2021, at the City of
Iligan, Philippines affiant Abdullah M. Edris exhibiting to me his SSS UMID ID with ID
Number: 08-1234-09 issued on January 9, 2001 at Iligan City.

WITNESS MY HAND AND SEAL, at the place and on the date first
abovementioned.

ATTY. SALMA ABDULMALIK

Assistant City Prosecutor

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 ANNEX A-1

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 ANNEX A-2

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 Annex B-1

Annex B-2

Annex B-3

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 Annex B-4

Annex B-5

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 Annex C

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 Annex D-1

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 Annex D-2

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 Annex D-3

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 Annex D-4

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 Annex D-5

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 Annex D-6

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 Annex E-1

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 Annex E-2

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 Annex E-3

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 Annex F-1

Annex F-2

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 Annex F-3

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 Annex G-1

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 Annex G-2

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 Annex G-3

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 Annex G-4

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 Annex G-5

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 Annex G-6

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 Annex H

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