Complaint Affidavit (Final) .April 21, 2015

Republic of the Philippines
Department of Justice
Office of the City Prosecutor
City of Manila
REMEGIA B. D OLIVEIRA,
Complainant,
-versus-
IS Docket No. ________________

FOR: ESTAFA THRU FALSIFICATION
OF COMMERCIAL DOCUMENTS
/ OTHER DECEITS
CELIA T. CONCEPCION,
Respondent,
X- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
COMPLAINT-AFFIDAVIT
I, Remigia B. DOliveira, of legal age, married, Filipino citizen, presently residing at
Lot 9 G. Yakal Road Tivoli Royale Subd., Matandang Balara,
Quezon City, after having been sworn in accordance with law, hereby accuses:
CELIA T. CONCEPCION, of legal age, Filipino,
with address at Unit 501 Marbella
Condo I, No. 2223 Roxas Blvd.,
Pasay City, for the commission of the offense
of ESTAFA penalized under Article 315,
paragraph 2, item (a) of the Revised Penal Code,
and / or any other violation of the pertinent
provisions of the Revised Penal Code, committed
as follows:
1.
I know personally respondent Celia T. Concepcion (respondent Celia) since
year 2000. We have been acquaintance since then. She is engaged in various businesses,
one of which is retailing in cosmetics under a business corporation named ESSENSA
NATURALE INC. with business address at QUEDZA Plaza Building Edsa corner Quezon
Avenue, Quezon City. She is also engaged in growing coconut, copra making and related
trade under a business corporation named LE ZEZ NATURALS INTERNATIONAL INC.
with business address at No. 067 Narra Avenue, Poblacion, Tambakan, South Cotabato;
2.
Lately, she intimated to me that she is dealing with San Miguel Corporation
particularly in the purchase and supply of various line of products with San Miguel Foods,
Inc. (San Miguel);
3.
Sometime on August 2013, respondent Celia intimated to me that she is a
legitimate holder of a Purchase Order No. 7300090180 (PO) having been awarded /
granted to her by San Miguel, the contents of which are quoted verbatim:
SAN MIGUEL
FOODS, INC.
PURCHASE ORDER NO.

7300090180
POULTRY
FLOUR
FEEDS
VENDORS NAME / ADDRESS
LEZEZ NATURALS INTL INC
c/o ESSENSA NATURALE INC
067 Narra Avenue; poblacion; Tambakan; South
Cotabato Philippines
Phone Head Office: 02 332-7459 (Jocelyn Alcasabas)
QUEDZA Plaza Building Edsa Cor Quezon Ave; QC
RECEIVING STORES NAME / ADDRESS
FEEDS - General Santos 1 Plant
Makar
Gen. Santos, 1550
Philippines
ITEM
DESCRIPTION
1012153708025 - CASSAVA GRANULES
ABACA GOPUREGANIC FERTILIZER - 1 LITER
NEED BY
DATE
Tue, 27 Aug,
2013
Tue, 27 Aug,
2013
VENDOR CODE
190482166A
PURCHASE ORDER DATE

Mon, 19 Aug, 2013
BUYER IN
CHARGE
B48-BPG - JL
REFERENCE
PR
PR2847441
REQUISITIONED
BY
Antonette L.
Lopez
DELIVER TO
Antonette L. Lopez
UNIT QUANTITY UNIT PRICE

KG
L
VAT
REQUISITIONING
DEPT
CURRENCY
TOTAL AMOUNT
350,000
9.25
0.000
PHP
3,237,500.00
1,000
3,000.00
0.00
PHP
3,000,000.00
Price Unit : 2
PO Text
Delivery point GSC Feedmill / Hub 2nd SEM 2013
PAYMENT TERMS 05D PAYABLE 5 CALENDAR DAYS FROM SMFI COUNTER

RECEIPT
TOTAL:
0.00
PHP 6,237,500.00
Amount : SIX MILLION TWO HUNDRED THRITY SEVEN THOUSAND FIVE HUNDRED PHP
Comments
SMFI Specification: 1. Moisture Content - Max 13%
2. Crude Protein - Min. 1.5%
3. Crude Fiber - Max 4% 4. Ash Max4% 5. Molds Max 5% 6.
Absence of any form of pests (e.g weevil)
4.
With this, she said that she was in need of initial funding for the
implementation of the PO. It was in this regard that she convinced me to invest in the
aforesaid PO by providing the amount to be used as initial funding to purchase the
described items in the PO from different sources, with whom she had earlier contracted, at a
lower price to make up for a big return of investment. I expressed my hesitation but to
counter this, she said that if I invested in the PO, I would be entitled to earn Php200,000.00
return of investment in the period of 1 month;
5.
On August 28, 2013, enticed by her reasonable proposition I immediately
applied for and purchase managers check no. 0000002728 (hereafter MC) from Philippine
Savings Bank Espaa Tower Branch (PSBank) amounting to P1,000,000.00 payable to
respondent Celia Concepcion. Upon obtaining the MC from PSBank, I immediately

handed to respondent Celia the aforementioned MC particularly described as follows:
Managers Check No.:
Date:
Payable to:
Issued by:
0000002728
August 29, 2013
Celia Concepcion
Philippine Savings Bank Espaa
Tower Branch - G/F Unit G1, Espana
Tower 2203 Espaa Blvd., Manila
The MC is good as cash, the value of which was received in full by respondent Celia
on August 29, 2013, when she encashed the MC (attached as Annex A hereof);
6.
Respondent Celia issued a receipt on the same day, the contents of which is
quoted hereunder, to wit:
Aug. 29, 2013
Received from Emy B. DOliveira the amount of
P1,000,000.00 (1M) Managers Check # 0000002728 thru P.S.
Bank as a loan payable on October 29, 2013 as promised with
corresponding interest in the amount of P200,000.00 (two
hundred thousand) on the due date as stated above.
(Sgd) CELIA T. CONCEPCION
which respondent Celia herself prepared and signed (attached as Annex B hereof);
7.
I confronted her about the terminology she used to describe the receipt of the
money I handed to her as a loan payable on October 29, 2013 when in fact I handed the
money to her and she received the same under her intimation that I invested the money to
provide her initial funding for the purchase of raw materials to be resold to San Miguel.
However, she said it is not a loan but an investment. She said there is no problem about it,
as long as she promised and assured to return my investment of Php1,000,000.00 with a
profit of P200,000.00. I was convinced of her explanation so I delivered to her the
aforementioned Php1,000,000.00 with much expectation that as promised by her, she will
return my investment with the calculated profit;
8.
Ten (10) days after the date of the PO, I asked respondent Celia if the
transaction covering the PO has been implemented. She said I just wait for another 10
days. After another 10 days, I became worried so I tried to verify from San Miguel the status
of the PO. However, I was informed by San Miguel that the PO is falsified and inexistent, I
was hysterical. I personally confronted respondent Celia about this problem but she replied
that she will remedy the problem. Subsequently, she admitted that she falsified the PO and
misappropriated for her own benefit, my investment of Php1,000,000.00;
9.
Thereafter, every time I call her attention she would just beg promises to
return my Php1,000,000.00 and to pay the expected profit of Php200,000.00 plus interest.
3
On account of above, she issued the checks listed below, which later on bounced due to
Drawn Against Insufficient Funds (DAIF) to wit:
Banks Name & Check No.
Philippine National Bank
Roxas Blvd / Manila CLRG
Check No. 0000054522
Philippine National Bank
Roxas Blvd / Manila CLRG
Check No. 0000054568
Date
September 6, 2014
February 9, 2015
Drawee Bank
Philippine
National Bank
Ever Gotesco
Philippine
National Bank
Ever Gotesco
Amount
P50,000.00
P92,500.00
10. Complainant deposited the MC to her savings account maintained with

Philippine National Bank Ever Gotesco. However, the checks bounced for the reason
DAIF. (Photo copy of the bounced Philippine National Bank Roxas Blvd / Manila CLRG
Branch are attached as Annexes C and D hereof);
11. In a demand letter dated March 19, 2015, the Complainant, through counsel,
informed respondent Celia in writing to return the Php1,000,000.00 and that the
aforementioned checks were dishonored by the drawee Philippine National Bank Ever
Gotesco Branch and, therein, also demanded that the respondent Celia make good the
checks within five (5) days from receipt thereof otherwise, Complainant would file the
appropriate charges. (A photocopy of the demand letter dated March 19, 2015 is attached
as Annex E hereof), which was received by the respondent Celia on March 19, 2015 as
shown by the said demand letter (Annex E) and registry receipt no. 745 and return card
(attached as Annex F and G);
12. Despite the demand letter, respondent Celia failed and refused to return to
complainant the amount of P1,200,000.00 making her liable for Estafa;
13. Likewise, she failed to make arrangement for the payment of the bounced
checks. As provided by BP 22, this failure on the part of the respondent Celia gives rise to
the presumption that she had the requisite knowledge of the insufficiency of funds in her
bank to cover the amount of the check;
WHEREFORE, Complainant prays that the Honorable Prosecutor finds prima facie
case against respondent Celia for Estafa under Article 315 of the RPC and two (2) counts of
violation of BP 22, and the corresponding Criminal Information be filed in court, with the civil
aspect deemed included, consisting of claims for damages equivalent to P1,200,000.00 for
the unreturned investment and the value of the two (2) checks and other expenses.
The Complainant prays for any other just and fair relief in the premises.
IN WITNESS WHEREOF, I hereby affix my signature this 21st day of April, 2014 at
City of Manila.
4
REMEGIA B. D OLIVEIRA
Affiant
___________________
_____________________
SUBSCRIBED AND SWORN to before me on this 21st day of April, 2014. I HEREBY
CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANTS AND THAT I AM
SATISFIED THAT HE HAS FREELY AND VOLUNTARILY EXECUTED THE SAID
STATEMENT.

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Republic of the Philippines

IS Docket No. ________________

PURCHASE ORDER NO.

1012153708025 - CASSAVA GRANULES

ABACA GOPUREGANIC FERTILIZER - 1 LITER

PURCHASE ORDER DATE

UNIT QUANTITY UNIT PRICE

PAYMENT TERMS 05D PAYABLE 5 CALENDAR DAYS FROM SMFI COUNTER

respondent Celia Concepcion. Upon obtaining the MC from PSBank, I immediately

10. Complainant deposited the MC to her savings account maintained with

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