_complaint Bp22- V.t Laguyo.docx

Republic of the Philippines OFFICE OF THE CITY PROSECUTOR National Capital Judicial Region Branch_____, Makati

FILCREDIT FINANCE & CAPITAL DEVELOPMENT CORPORATION Represented by John Albert S. Dacasin, Complainant,

-versus-

NPS I.S NO.__________ For: Violation of B.P Blg. 22

REGINE LAGUYO Respondent/s. x---------------------------------------------------------x

C O M P L A I N T-A F F I D A V I T I, JOHN ALBERT DACASIN, of legal age, single, duly authorized representative of FILCREDIT FINANCE & CAPITAL DEVELOPMENT CORPORATION., with office address at Unit 21 H, 21st Floor Burgundy Tower, 252 Sen. Gil Puyat Avenue, Makati City after having sworn to in accordance with law hereby deposes and states; 1. FILCREDIT FINANCE & CAPITAL DEVELOPMENT CORPORATION is a corporation organized and existing under and by the laws of the Philippines with office address at Unit 21 H, 21st Floor Burgundy Tower, 252 Sen. Gil Puyat Avenue, Makati City 2. It is engaged in financing catering to various individual, corporate and business clients.

3. On various dates, V.T Laguyo Constructions with office address at 8th Unit 8 E Le Grand Tower 3, Eastwood City, Libis Quezon City, represented by Mr. Victor Laguyo and Mrs. Regina Laguyo secured loans from FILCREDIT FINANCE & CAPITAL DEVELOPMENT CORPORATION in various amounts as follows: Date May 10, 2012 July 26, 2012 August 17, 2012 October 19, 2012 October 26, 2012 October 31, 2012 November 9, 2012

Amount Php 372, 375.00 Php 444,375.00 Php 444,687.50 Php 881,250.00 Php 444,375.00 Php 444,250.00 Php 666,562.50

Photocopies of the promissory notes corresponding to the foregoing loans are herewith attached as Annexes “A”, “B”,“C” , “D”, “E”, “F” and “G”. 4. All of these loans were to be paid on installment basis. However, respondent was not able to pay the loans on the period agreed upon. 5. On April 19, 2016, Mrs. Regine Laguyo acknowledged and signed the demand letter attached with amortization schedule starting on April 29, 2016 to October 25, 2019. The demand letter and amortization schedule are herewith attached as Annexes “H” and “I”. 6. On the same day, Mrs. Regine Laguyo issued a UNION BANK postdated checks with account number 00-232-000831-2 as proof of acknowledgement of the loans. 7. However, some of the checks that were issued to pay the loans were returned with annotation DRAWN AGAINST INSUFFICIENT FUNDS. Details of the checks are as follows: Bank

Date

Amount

Union Bank 2002328657

May 31, 2014

50,000.00

Union Bank 2002450489

June 29, 2016

200,000.00

Reason

DAIF (Annex “J-J2”)

Union Bank 2002450490

July 29, 2016

200,000.00

Union Bank 2002450491

August 29, 2016

200,000.00

Union Bank 2002450494

September 29, 2016

DAIF (Annex “K – 200,000.00 K-2”)

Union Bank 2002450496

November 28, 2016

200,000.00

Union Bank 2002450497

December 28, 2016

200,000.00

Union Bank 2002450469 Union Bank 2002450499 Union Bank 2002450509 Union Bank 2002450510 Union Bank 2002509575 Union Bank 2002450511 Union Bank 2002450512 Union Bank 2002450513 Union Bank 2002450514 Union Bank 2002450515

January 27, 2017

DAIF (Annex “L-L200,000.00 2”)

February 27, 2017

200,000.00

September 27, 2017

200,000.00

October 27, 2017

200,000.00

October 31, 2017

DAIF (Annex “M250,000.00 M-2”)

November 27, 2017

200,000.00

December 27, 2017

200,000.00 DAIF (Annex “NN-2”) 200,000.00

January 26, 2018 February 26, 2018 March 28, 2018

200,000.00 DAIF (Annex “OO-1”) 200,000.00

8. We immediately consulted a lawyer regarding this matter and as initial legal action taken was to serve a demand letter to the signatories of the check. I personally furnished a copy of the demand to Mr. Victor Laguyo and Mrs. Regine Laguyo, on May 23, 2017, the respondent Mrs. Regine Laguyo which was receive and acknowledge the same. Copy of the demand letter herewith attached as Annex “P”. 9. On August 22, 2017, a demand letter/notice of dishonor was served to Mrs. Regine Laguyo which was receive and acknowledge and left a copy of the said demand for payment. Copy of the demand letter herewith attached as Annex “Q”.

10. Demand Letter dated January 16, 2018, the respondent Mrs. Regine Laguyo receive and sign the demand for payment. A copy of demand letter herewith attached as Annex “R”. 11. On April 13, 2018, demand letter served personally to Mr. Laguyo and Mrs. Laguyo which was refused to sign by Mrs. Regine Laguyo and left a copy of the demand. Copy of demand letter and affidavit of service are attached as Annexes “S” and “T”. 12. Despite such notice, respondent have refused and failed to make good and pay the corresponding value of the checks. For this reason, as signatory of the checks, we are hereby filing charges for violation of BP 22 (16 counts) against Regine Laguyo, may be served with summons and other processes of this office at 8E 8th Floor Le Grand Tower 3, Eastwood City, Libis, Quezon City. 13. On a final note, a preliminary investigation is not the accession for the full and exhaustive display of the parties’ evidence- its purpose is for the presentation of such evidence as may engender a wellgrounded belief that an offense has been committed and that the accused is probably guilty thereof. (The Presidential Ad Hoc Fact Finding Committee on Bhest Loans vs. Desierto, 552 SCRA 513) 14. All told, the undersigned respectfully submits that under the foregoing facts, there is sufficient basis to charge the respondent for violation of BP 22 (13 COUNTS). AFFIANT FURTHER SAYETH NAUGHT. IN WITNESS WHEREOF, I have affixed my signature this __th day of April 2018 in the City of Makati. JOHN ALBERT DACASIN (Secretary’s Certificate as Annex “U”) Affiant SUBSCRIBED AND SWORN to before me this ___th day of April 2018 in the City of Makati.I hereby, certify that I have personally examined the Affiant and that I am satisfied that he voluntarily executed and understood his Affidavit.

ASSISTANT CITY PROSECUTOR