ACTIVITY 4:

Complaint Affidavit of Celso and the Judicial Affidavit of

Witnesses

SUBMITTED BY: GROUP 1

Bautista, Frealyn L.
Lagunilla, Ma. Allyana C.
Pulido, Alwin U.
Reque, Pierre Angelo II C.
Roldan, Dyana Katrina T.
Salvador, Jona Christia A.
Sañez, Beryl Jeanne T.
Santiago, Maria Margarita G.
Sasis, Roseller II G.
Tecson, Cara Louise L.B.
3AA
 REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
OFFICE OF THE PROVINCIAL PROSECUTOR OF LAGUNA

CELSO RAMOS
Complainant,

- versus - NPS No. 12345____________

For: ESTAFA

ELSA MANALOTO
Respondent/Defendant.

x ------------------------------------------------------------------------------------------------------- x

COMPLAINT-AFFIDAVIT

I, CELSO RAMOS, of legal age, and with postal address at Pakil, Laguna,
after being duly sworn to in accordance with, hereby depose and say:

1. That I am filing a complaint against ELSA MANALOTO, of legal age,

a resident of San Pablo, Laguna, and who can be served with
summons and notices at San Pedro, Laguna, for violation of Article
315, paragraph (1) (b) of the Revised Penal Code;

2. Believing that there is no harm in trying, sometime in 26 December

2022, I contacted the respondent regarding the respondent’s online
post on an investment, and was explained/introduced of the
mechanics of the investment, which the investment would be sent
through an e-wallet application (app), GCash;

3. On the same date, after the assurance that the investment is

legitimate and would give/bring immediate returns, I transferred an
amount of Php 2,000.00 (Exhibit “A”) to the respondent through the
aforementioned mobile wallet app;
4. Respondent and I agreed that she has full discretion on how to use
and administer the money for the sole purpose of investment as long
as she accounts for and complies with her obligations to pay the
agreed upon return on investment of Php 200.00 per P1000.00
invested or 20% per week (weekly income).

5. On 31 December 2022, I was ecstatically happy to received from the

respondent an amount of Php 400.00 sent through GCash (Exhibit
“B”), as my weekly income from the money invested;
6. That by receiving the profit, I was convinced that the said scheme
was legitimate and I was enticed to invest to earn more. I transferred
another TWO THOUSAND PESOS (Php 2,000.00) through Gcash
on January 7, 2023. (Exhibit “C”);

7. That the respondent was able to send the weekly income amounting
to Php 800.00 every Saturday until 1 April 2023 (Exhibit “D”);

8. After such time, the respondent failed to remit the weekly income. I
reached out to the respondent, and demanded from her payment of
my weekly Income. Respondent promised that on the week after, 8
April 2023, she will send double the amount of income/profit to
receive;

9. On 8 April 2023, I contacted the respondent for the promise of

receipt of the income from my investment but was unable to reach
her anymore;

10. After several days, I contacted the respondent again thru mobile for
the promise receipt of income she remains unreachable.

11. I sent several text messages to respondent demanding for the

payment of my weekly income and the return of the money I
invested but I received no response. (Exhibit “E”).

12. Respondent’s failure to account and refusal to pay the return on

investment and returning the invested capital upon demand
constituted misappropriation of the money for her own personal use
in violation of our agreement and to my prejudice.

13. At that juncture, I was convinced that the respondent is a fraud. By

reason of this circumstance, I engaged a lawyer to determine the
probability of the commission of the crime. Thus, I executed this
complaint.

14. The crime of Estafa through misappropriation or conversion of

personal property is defined in Article 315, paragraph (1) (b) of the
Revised Penal Code, which provides:

“Article 315. Swindling (estafa). – Any person who

shall defraud another by any of the means mentioned
hereinbelow shall be punished by:

xxx

1. With unfaithfulness or abuse of confidence, namely:

 xxx

(b) By misappropriating or converting, to the

prejudice of another, money, goods or any other
personal property received by the offender in trust, or
on commission, or for administration, or under any
other obligation involving the duty to make delivery
of, or to return the same, even though such obligation
be totally or partially guaranteed by a bond; or by
denying having received such money, goods, or other
property.” [Emphasis supplied]

15. From the foregoing facts, it is clear that Respondent, with abuse of
the confidence reposed in her, fraudulently misappropriated the
money received by her as my investment, thereby causing prejudice
to me.

16. The Court ruled in the case of Erlinda Asejo vs. People of the
Philippines1 that the elements of estafa with abuse of confidence
under Article 315, paragraph (1) (b) are:
1. That the money, goods or other personal
property be received by the offender in trust, or
on commission, or for administration, or under
any other obligation involving the duty to make
delivery of, or to return, the same;
2. That there be misappropriation or conversion
of such money or property by the offender, or
denial on his part of such receipt;
3. That such misappropriation or conversion or
denial is to the prejudice of another; and
4. That there is a demand made by the offended
party to the offender.

17. In the instant case, all the aforementioned elements of Estafa under
Article 315, paragraph (1) (b) of the Revised Penal Code are
present.

18. The first element of Estafa under Article 315, paragraph (1) (b) of the
Revised Penal Code is present in this case. This element is
sufficiently established by evidence showing that the Respondent
received various sums of money as payment for the investment.
Respondent received a total of EIGHT THOUSAND PESOS (PhP
8000)

1
G.R. No. 157433, 24 July 2007
 19. The payments were given to the Respondent with my full belief that
she will use the same for investment and thus should not be used by
her for other purposes.

20. The second element of Estafa under Article 315, paragraph 1 (b) of
the Revised Penal Code is likewise present. Respondent
misappropriated or misapplied the money intended for the purchase
of the Subject Property and payment of survey fees and necessary
permits by using the same to her personal advantage.

21. In the case of Aw vs. People2, the Supreme Court ruled that,
misappropriation, as an element of the offense of Estafa, connotes
an act of using, or disposing of, another’s property as if it were one’s
own, or of devoting it to a purpose or use different from that
agreed upon.

22. The essence of Estafa under Article 315, paragraph 1(b) of the
Revised Penal Code is the misappropriation or conversion of money
or property received. The words “convert” and “misappropriate”
connotes an act of using or disposing of another’s property as
if it were one’s own, or of devoting it to a purpose or use
different from that agreed upon. To misappropriate for one’s own
use includes not only conversion to one’s personal advantage, but
also every attempt to dispose of the property of another without
right3. [emphasis supplied].

23. Respondent committed misappropriation when she made use of the

money I invested as if it was her own for her own personal use.
Hence, Respondent’s act of devoting these money for another
purpose other than that agreed upon constitutes an act of
misappropriation or unauthorized conversion to her own personal
advantage.

24. The third element of Estafa under Article 315, paragraph 1(b) of the
Revised Penal Code is likewise present in this case. This is clearly
established by the evidence showing that Respondent was under
express obligation to use the money for investment purposes but
Respondent, once has gotten my confidence and belief that he was
doing a legitimate business, with grave abuse of confidence
misappropriated, misapplied and converted the same for her own
use and benefit by devoting it to a purpose or use different from that
agreed upon.

2
G.R. No. 182276, 29 March 2010
3
Tabaniag v. People, G.R. No. 165411, 18 June 2009.
 25. The last element of Estafa under Article 315, paragraph 1 (b) of the
Revised Penal Code is also present. I made written demands to the
Respondent to return the money.

26. Although the law does not require the necessity of a demand as a
condition precedent to the existence of the crime of Estafa under
Article 315, paragraph 1 (b) of the Revised Penal Code, I made
demands to the Respondent.

27. Based on the foregoing, it is crystal clear that Respondent

committed Estafa by misappropriating or converting the sums of
money received by him as payment for the Subject Property, survey
fees, and building permits, and that such misappropriation resulted
to my prejudice, as defined in Article 315, paragraph 1 (b) of the
Revised Penal Code.

28. On the basis of the same, probable cause exists to indict

Respondent with the commission of Estafa defined and punished
under Article 315, paragraph 1 (b) of the Revised Penal Code and/or
any other appropriate crime as may be determined by this Honorable
Office.

29. In Allado vs. Hon. Diokno4, the Supreme Court explained probable
cause in this regard:

“Probable cause is a reasonable ground of presumption that

a matter is, or may be, well founded on such a state of facts
in the mind of the prosecutor as would lead a person of
ordinary caution and prudence to believe, or entertain an
honest or strong suspicion, that a thing is so. The term
does not mean “actual or positive cause” nor does it
import absolute certainty. It is merely based on opinion
and reasonable belief. Thus, a finding of probable
cause does not require an inquiry into whether there is
sufficient evidence to procure a conviction. It is enough
that it is believed that the act or omission complained
of constitutes the offense charged. Precisely, there is a
trial for the reception of evidence of the prosecution in
support of the charge.” [Emphasis Supplied.]

30. The misappropriation and conversion of the money were committed

by Respondent in the Municipality of San Pedro, Laguna thereby

4
G.R. No. 113630, 05 May 1994.
 rendering the instant case within the territorial jurisdiction of the
Prosecution Office of Laguna

31. I am executing this Complaint-Affidavit to attest the truth of all the

facts stated hereunto, and to cause the prosecution of respondent
under Article 315, paragraph (1) (b) of the Revised Penal Code.

WHEREFORE, premises considered, it is respectfully prayed that after notice

and hearing the respondent be indicted for ESTAFA to protect/preserve the
right/interest of the complainant to recover his claim of Thirty-Three Thousand
Six Hundred Pesos (Php 33,600.00), plus exemplary damages of One
Hundred Thousand Pesos (Php 100,000.00), moral damages of Two
Hundred Thousand Pesos (Php 200,000.00), attorney’s fees of One Hundred
Thousand Pesos (Php 100,000.00) plus five percent (5%) of the recoverable
amounts, and costs of suit.

IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of May
2023 at Pakil, Laguna, Philippines.

______________________
CELSO RAMOS
Affiant

SUBSCRIBED AND SWORN TO before me this 16th day of May 2023 in

Laguna, Philippines after exhibiting to me his PRC ID No. 101112 issued on 20th
day of September, 2022 in Manila City, Philippines and valid until 4th day of
August, 2025.

MariaCSantos
ATTY. MARIA C. SANTOS
Notary Public – Municipality of Pakil
Appointment No./Notarial Commission No. 93592
Commission Until 31 December 2023
Roll No. 64256
PTR No. 4036971, Pakil, Laguna – 03 January 2023
IBP Lifetime Member 271249 –Laguna
Office Address: G/F Legend Tower, Legaspi Street, Pakil,
Laguna
Doc. No. 140;
Page No. 20;
Book No. 60;
Series of 2023.
 VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, CELSO RAMOS, of legal age, Filipino, single, with address at Pakil, Laguna
under oath state that:

1. That I as the Complainant in the above-entitled case have caused this

Complaint Affidavit to be prepared; that I read and understood its contents
which are true and correct of my own personal knowledge and/or based on
true records;

2. That I have not commenced any action or proceeding involving the same
issue in the Supreme Court, the Court of Appeals or any other tribunal or
agency, particularly before the Office of the City Prosecutor of Pakil,
Laguna; that to the best of my knowledge, no such action or proceeding is
pending in the Supreme Court, the Court of Appeals or any other tribunal
or agency, and that, if I should learn thereafter that a similar action or
proceeding has been filed or is pending before these courts or tribunal or
agency, I undertake to report that fact to the Court within five (5) days
therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of

May, 2023.

___________________
CELSO RAMOS
Affiant

SUBSCRIBED AND SWORN TO before me this 16th day of May 2023 in

Laguna, Philippines after exhibiting to me her PRC ID No. 101112 issued on 20th
day of September, 2022 in Manila City, Philippines and valid until 4th day of
August, 2025.

MariaCSantos
ATTY. MARIA C. SANTOS
Notary Public – Municipality of Pakil
Appointment No./Notarial Commission No. 93592
Commission Until 31 December 2023
Roll No. 64256
PTR No. 4036971, Pakil, Laguna – 03 January 2023
IBP Lifetime Member 271249 –Laguna
Office Address: G/F Legend Tower, Legaspi Street, Pakil,
Laguna

Doc. No. 141;

Page No. 20;
Book No. 60;
Series of 2023.
 REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
OFFICE OF THE PROVINCIAL PROSECUTOR OF LAGUNA

CELSO RAMOS
Complainant,

- versus - NPS No. 12345____________

For: ESTAFA

ELSA MANALOTO
Respondent/Defendant.

x ------------------------------------------------------------------------------------------------------- x

JUDICIAL AFFIDAVIT

In lieu of the oral testimony in court of Ms. CELSO RAMOS, the plaintiff of this
case,plaintiff of this case, her Judicial Affidavit is being offered pursuant to A.M.
12-8-8-SC, known as the Judicial Affidavit Rule, for the Following purposes,
THUS:
1. He will testify in order to prove all the allegations in the Complaint instituted
by him;
2. To prove that the respondent defrauded him;
3. He will prove that documents provided and annexed are authentic

It is respectfully prayed that this Judicial Affidavit of Ms. CELSO RAMOS be

admitted as the Direct Examination of the witness in order to expedite the
expedite the proceeding

PRELIMINARY STATEMENT

The Person examining me is Atty. Juan Dela Cruz with address at Blk 5, Lot 6,
Cornelia Street, Pakil, Laguna City Philippines. The examination is being held at
the same address. I am answering his questions fully conscious that I do so
under oath and may face criminal liability for false testimony and perjury.
DIRECT EXAMINATION QUESTIONS:
1. Q: Ms. Witness please state your name and other personal
circumstances for the record?
A: I am Celso Ramos, Filipino, 30 years old, single, residing in Pakil,
Laguna.

2. Q: Are you the same complainant in this case?

A: Yes I am.
3. Q: Do you know a certain Elsa Manaloto?
A: Yes I do.

4. Q: How do you know her?

A: I met her online after I saw her facebook post stating “Siguradong
Kita… Mag invest… Php1,000.00 mo kikita ng Php200.00 sa loob ng
isang linggo”. I privately messaged her since I was interested in
investing my money with her.

5. Q: Did you reach any agreement?

A: Yes we did.

6. Q: What did you agree upon?

A: We agreed that she has full discretion on how to use and administer
the money for the sole purpose of investment as long as she accounts for
and complies with her obligations to pay the agreed upon return on
investment of Php 200.00 per P1000.00 invested or 20% per week.

7. Q: How much money did you invest with her?

A: I initially invested Php 2000 which I sent to her through Gcash.

8. Q: Do you have any proof that you sent her this money?
A: Yes I do. I printed this official receipt from Gcash which indicates that
she received Php 2000 from me.

9. Q: I will be marking this GCash receipt dated 26 December 2022 as

“Exhibit A”, do you agree?
A: Yes, I do.
10. Q: Did you receive any money in return?
A: Yes, after a week, I received Php 400 from her which she also sent
through Gcash.

11. Q: Do you have any proof of the receipt of this money?

A: Yes I do. I also printed this official receipt from Gcash which indicates
that I received Php 400 from her.

12. Q: I will be marking this GCash receipt dated 31 December 2022 as

“Exhibit B”, do you agree?
A: Yes I do.

13. Q: What then happened next?

A: Since I was under the impression that the investment is legitimate, I
invested another Php 2000 with her which I again sent through Gcash.
Since then, I have been receiving Php800 per week, representing the
return on my investment until April 1, 2023 when she first defaulted.
 14. Q: Do you have any proof of these transactions?
A: Yes, I printed the official receipts from Gcash representing these
transactions between her an me.

15. Q: I will be marking this GCash receipt dated 07 January 2023 as

“Exhibit C”, and the compilation of Gcash receipts up to 01 April 2023 as
“Exhibit D”, do you agree?
A: Yes I do.

16. Q: What then happened next?

A: I tried to contact her and demanded she comply with her obligations or
return the capital I invested with her.

17. Q: Did you have any contact with Elsa Manaloto since then?
A: No, I did not have any contact with her anymore despite sending
demands to her online.

18. Q: Do you have anything else to add?

A: None.
19. Q: Are you willing to sign this Judicial Affidavit?
A: Yes, I am.

IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of May
2023 at Pakil, Laguna, Philippines.

______________________
CELSO RAMOS
Affiant

SUBSCRIBED AND SWORN TO before me this 16th day of May 2023 in

Laguna, Philippines after exhibiting to me her PRC ID No. 101112 issued on 20th
day of September, 2022 in Manila City, Philippines and valid until 4th day of
August, 2025.

MariaCSantos
ATTY. MARIA C. SANTOS
Notary Public – Municipality of Pakil
Appointment No./Notarial Commission No. 93592
Commission Until 31 December 2023
Roll No. 64256
PTR No. 4036971, Pakil, Laguna – 03 January 2023
IBP Lifetime Member 271249 –Laguna
 Office Address: G/F Legend Tower, Legaspi Street, Pakil,
Laguna

Doc. No. 141;

Page No. 21;
Book No. 60;
Series of 2023.

I, Atty. Juan Dela Cruz with address at Blk 5, Lot 6, Cornelia Street, Pakil,
Laguna City Philippines,

hereby attest that I faithfully recorded the questions propounded and the
corresponding answers given by the affiant, CELSO RAMOS. I did not in any way
coach or teach or instruct the witness on how to answer or any other person or
persons then present or assisting the witness regarding the latter’s answer.

______________________
Atty. Juan Dela Cruz
Affiant

SUBSCRIBED AND SWORN TO before me this 16th day of May 2023 in

Laguna, Philippines after exhibiting to me his IBP ID, with ID number 010523,
bearing his photograph and signature as competent proof of his true identity.

MariaCSantos
ATTY. MARIA C. SANTOS
Notary Public – Municipality of Pakil
Appointment No./Notarial Commission No. 93592
Commission Until 31 December 2023
Roll No. 64256
PTR No. 4036971, Pakil, Laguna – 03 January 2023
IBP Lifetime Member 271249 –Laguna
Office Address: G/F Legend Tower, Legaspi Street, Pakil,
Laguna

Doc. No. 141;

Page No. 21;
Book No. 60;
Series of 2023.