Republic of the PhilippinesMUNICIPAL TRIAL COURTAllen, Northern Samar

SPOUSES GERRY SYTICOCrim Case No. ______and WILMA V. SYTICO,Plaintiff, For:SIX(6) counts of Viol. Of BP 22-versus-

ARIEL M. TANDefendants.x----------------------------------------x

COMPLAINT-AFFIDAVIT

The UNDERSIGNED COMPLAINANTS respectfully allege:

We, WILMA V. SYTICO and GERRY SYTICO, of legal age, Filipino Citizen, husband and wife to each other and resident of Brgy. Londres, Allen, Northern Samar, after having been duly sworn to in accordance with law, hereby accuses:

ARIEL M. TAN, of legal age, Filipino Citizen, married and resident of Brgy. Buenos Aires, Victoria, Northern Samar, for SIX (6) counts of Violation of Batas Pambansa 22,committed as follows:

1. That sometime on June 2012 at Manila City, NCR, Ariel Tan was introduced to us by my brother in law REY CASTRO and ask if we could lend him some money in the amount of TWO HUNDRED THOUSAND (P200,000.00) PESOS and even assailed that the same be with an interest of SEVEN (7) percent per month.

2. That I refused to lend ARIEL TAN, the aforementioned amount as I am using that amount to pay my Car Mortgage at Toyota Balintawak, Manila City.

3. That ARIEL TAN repeatedly ask that the loan shall be paid on December 2012 with the corresponding interest of seven (7) percent per month and secured the same by issuing several checks to secure the payment of the aforementioned loan.

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4. That since ARIEL TAN is well known in the community because he served as a Municipal Councilor, we were convinced to lend him the money at the promise that the same be secured by him issuing post dated checks.

5. That on June 10, 2012 I gave him the money in the amount of TWO HUNDRED THOUSAND (P200,000.00) PESOS evidenced by a Promissory Note, hereto attached as ANNEX A.

6. That on June 12, 2012 ARIEL TAN came to our residence at Brgy. Londres, Allen, Northern Samar and issued SEVEN (7) post dated checks, all drawn on CHINA BANKING CORPORATION (CHINA BANK) ACCOUNT NUMBER 360-039471-5, SIX (6) of said checks are subject of herein complaint, amounting to a grand total of TWO HUNDRED SEVENTY THOUSAND (P270,000.00) PESOS, to wit;

Check NumberDateAmounta. CAT0192903August 8, 2012P14,000.00b. CAT0192904September 8, 2012P14,000.00c. CAT0192905October 8, 2012P14,000.00d. CAT0192906November 8, 2012P14,000.00e. CAT0192907December 8, 2012P14,000.00f. CAT0192908December 8, 2012P200,000.00

7. That on July 8, 2012, I encashed the first of the series of checks issued by ARIEL TAN. However, on August 8, 2012, upon encashment of check number CAT0192903, much to my dismay, the check was returned by the bank due to INSUFICIENCY OF FUNDS, a true and faithful machine reproduction of said checks is hereto attached as ANNEX B

8. That I immediately went to confront ARIEL TAN, to inform him of the dishonor of the check he issued. He reasoned out that he forgot to deposit the amount on his account. As such, I heeded him to deposit the appropriate amount on the succeeding checks and to issue another in lieu of the dishonored check numbered CAT0192903.

9. That upon the encashment of the succeeding checks numbered CAT0192904, CAT0192905, CAT0192906, CAT0192907 and CAT0192908 on their respective dates payable, all were dishonored by reason of INSUFICIENCY OF FUNDS, a faithful machine reproduction of the said checks are

Page 3 -attached herewith as ANNEX C, D, E, F and G. thereafter, I demanded from him the full amount of TWO HUNDRED SEVENTY THOUSAND PESOS (P270,000.00).

10. That because ARIEL TAN failed to heed my demands, I endorsed the said checks to my legal counsel, who immediately sent a Formal Demand Letter and Notice of Dishonor through registered mail with registry receipt number 3338. A true and faithful machine reproduction of said Demand Letter and Notice of Dishonor is attached hereto as ANNEX H.

11. That as of date however, ARIEL TAN failed and refused and continue to fail and refuse to pay the whole amount or redeem in cash the face value of the unfunded returned checks. Filling of this case was even suspended several times already just to give him ample time and opportunity to settle his obligations in full, but the same served futile.

12. That I am therefore executing this complaint-affidavit in support to the charges for SIX (6) counts of Violation of BP 22 against the said ARIEL TAN, who may be served with subpoena and other processes of this Honorable Office at his last known address at Brgy. Buenos Aires, Victoria, Northern Samar.

IN WITNESS WHEREOF, We have herein to affix our signature this _____ day of January, 2015, at Catarman, Northern Samar.

WILMA V. SYTICOGERRY SYTICO Complainant Complainant

SUBSCRIBED AND SWORN TO before me in the Municipality of Catarman, Northern Samar, Philippines this ____ day of January 2015. Affiants being personally known to the herein notary public need not be identified by any other competent documents.

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VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

We, GERRY SYTICO and WILMA V. SYTICO, both of legal age, husband and wife to each other and a residents of Brgy. Londres, Allen, Northern Samar, after having been duly sworn to in accordance with law do hereby depose and say:

That we are the Complainant in the above entitled Complaint; That we have caused the preparation of the herein Complaint; That we have read all the allegations contained herein and that the same are true and correct of our own knowledge and are based on authentic documents.

That we have not commenced any action or proceeding involving the same parties or issues before the Supreme Court, the Court of Appeals or any agency or tribunal; That to the best of our knowledge there is no such action or proceeding that is pending before the Supreme Court, the Court of Appeals or any agency or tribunal; that should we hereafter learn that there is such action or proceeding that is pending or has been filed before the Supreme Court, the Court of Appeals or any agency or tribunal, we undertake to report such fact before this Court where the certification herein contemplated is filed within five (5) days there from.

IN WITNESS WHEREOF, We have hereunto set our hands this _____day of January 2015 at Catarman, Northern Samar.

GERRY SYTICO WILMA V. SYTICO Affiant Affiant

SUBSCRIBED and SWORN to before me this _____day of January 2015 at Catarman, Northern Samar. Affiants being personally known to the herein notary public need not be identified by any other documents.

Doc. No. ___________;Page No. ___________;Book No. ___________;Series of 2015.