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Complaint Affidavit Cebel

1) Ms. Jocebel Dabalos Roda filed a complaint against Raymond Famor Miscala for estafa and violation of BP 22 involving PHP 2,531,000 that Miscala borrowed from Roda through various checks that were dishonored. 2) Miscala borrowed money from Roda on multiple occasions between January and May 2022, giving excuses about accidents, shipments, and deposits that never materialized. 3) Despite demands for payment, Miscala failed to pay back the PHP 2,531,000 he borrowed from Roda and the checks he issued were dishonored, in violation of BP 22.

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NOEL CORAL
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168 views

Complaint Affidavit Cebel

1) Ms. Jocebel Dabalos Roda filed a complaint against Raymond Famor Miscala for estafa and violation of BP 22 involving PHP 2,531,000 that Miscala borrowed from Roda through various checks that were dishonored. 2) Miscala borrowed money from Roda on multiple occasions between January and May 2022, giving excuses about accidents, shipments, and deposits that never materialized. 3) Despite demands for payment, Miscala failed to pay back the PHP 2,531,000 he borrowed from Roda and the checks he issued were dishonored, in violation of BP 22.

Uploaded by

NOEL CORAL
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines]

Province of Leyte ]SS


City of Tacloban ]

COMPLAINT-AFFIDAVIT
I, MS JOCEBEL DABALOS RODA, Filipino, married, Fish broker by
occupation and a resident of Brgy Abango, Barugo, Leyte after having been sworn
to law hereby depose and say:

1. That I am the complainant of a case for ESTAFA and Violation of BP


22 involving the sum of two million and five hundred thirty-one
thousand pesos (Php2,531,000.00) arising from various checks issued
by the suspect;

2. That the suspect, identified as Raymond Famor Miscala a resident of


Phase 3, Eco-ville Subdivision, Carigara, Leyte (hereinafter referred to
as Mr Miscala;

3. That on January 29, 2022 at about 2:00 PM, I first met the suspect, Mr
Miscala, when a friend of mine, named Amelita Cabellas, came to my
house in Brgy Abango, Barugo, Leyte. She referred and introduced Mr
Miscala as an Engineer/Contractor with many projects, as the latter
manifested his intention to borrow money and he was able to borrow a
sum of one hundred thousand pesos (Php100,000.00). This loan is
secured by a single motorcycle and he left to me the original copies of
OR / CR;

4. That the reason why he borrowed money that day, because he pretended
that he was involved in a vehicular accident in Carigara Leyte and his
victims were in the hospital who were injured and he said he needed to
pay for the hospital expenses. Aside from security (OR/CR), he also
issued a Post-dated check in my favor, covering said amount. He
promised that he will pay it on or before upon completion of his work.
However, the Post-dated Check (PDC) was dishonor by the bank due to
close-account.

5. That on February 4, 2022, Mr Miscala went my house, this time he was


alone. He narrated that he has a shipment from Cebu City, a
construction supply. And he borrowed a sum of Php200,000.00 to get
the shipment in Ormoc City. And he promised me 50% profit sharing
from the net income on disposition of those construction supplies, but I
did not accept the offer of 50% as profit share because I just wanted to
help my friends, like him;

6. That on February 16, 2022 he again borrowed an amount of


Php150,000.00 and he promised to pay it as soon as possible;

7. That after one (1) week thereafter, I followed-up to him by calling, as to


what happened regarding his shipment in Ormoc City, he said there was
a delay and he does not yet get the shipment;
8. That on March 5, 2022, he borrowed an additional Php50,000.00 to
pay deposit for the truck that will pick up his shipment in Ormoc City.
Days thereafter, he likewise makes advances which totaled an amount
Php725,000.00;

9. That thereafter, I started demanding to pay several times in the


second week of March 2022. I called him on his cellphone number
and he only promised to pay but no payment was made;

10. That on March 19, 2022 about in the evening, Mr Miscala


communicated with me that he will deposit an amount of
Php500,000.00 and another Php225,000.00 via bank transfer to my
account (Passbook), respectively. That evening, he informed me that
the bank transfer of Php500,000.00 was successful. When I update my
passbook on March 20, 2022 in Metrobank Rizal Avenue Branch it
reflected an amount of Php500.00 not Php500,000.00;

11. That on March 20, 2022 I called him as to why only Php500.00 was
reflected in my passbook instead of Php500,000.00. Mr Miscala
explained that there is always a delay if the money involved is large sum
of money. However, he said that he would pay in full;

12. That on May 6, 2022, he issued a check of Security Bank which was
payable to the order of Jocebel Fish Broker amounting to
Php1,725.994.23 million pesos and the same was deposited to my
account in Metrobank in full;

13. That on very same day, he went to my house to get the surplus of
Php1,725.994.23 (Check) and Php725,000.00 (debts), so I give him the
surplus or excess amounting to Php600,000.00 plus;

14. That when I checked my passbook no amount was reflected and the
check was dishonored by the bank due to close-account, now his debts
to me totaled an amount of PHp1,100,000.00 million pesos;

15. That he also encashed to me the following checks which I approved


because on the basis that he has already deposited the amount of
Php1,725,994.23, which was more than the amount of his debts, as
follows:

a. April 2022 – Php135,000.00;


b. May 2, 2022 – Php164,000.00;
c. May 9, 2022 – Php255,000.00;
d. May 10, 2022 – Php152,000.00;
e. May 13, 2022 – Php452,000.00
TOTAL – Php706,000.00

16. That the sum total of his debts to me was Php725,000.00 + 1,100,000.00
+ 706,000.00 = Php2,531,000.00 and not Php2,200,000.00 as I
mathematically erred in my computation in the demand letter;
17. That I have evidenced consisting of written document containing his
promised to pay an amount of Php2,200,000.00 but he did not make
good of his promised, worst is that, the suspect is making a fake
deposit slips showing a successful deposit but it were all fraud.

18. That on June 17, 2022, he gives and shows a bank slip showing
transaction or deposit amounting to Php2,400.800.00. I also checked
the same but none of them truly deposited said amount in my account;

19. That I have sent the respondent a Final and Last Demand letter dated
July 14, 2022 and it was personally received by the respondent on same
date;

20. That despite receipt of the Demand Letter by the respondent,


the respondent still did not make good his checks blatantly violating BP
22 as a means to commit Estafa;

21. That I have also made other written and verbal demands personally but
to no avail. The respondent just kept promising and delaying things.

22. That because of the foregoing, I have no choice but to proceed and file
this case against the respondent.

23. That this statement is based on my present personal profile and from


actual occurrence of the events, specifically true and correct to the best
of my knowledge and ability.
IN TRUTH HEREOF, I have hereunto affixed my signature this ___ day of
September 2022, Tacloban City, Leyte, Philippines.

JOCEBEL DABALOS RODA


Affiant

  SUBSCRIBED AND SWORN to before me this ___ day of


September 2022, _______, Philippines. I hereby certify that I have
personally examined the affiants and that I am fully satisfied and convinced
that they executed voluntarily and understood the contents thereof.

   _______________________

ATTESTATION

I, PEMS Noel B Coral, married, Filipino, of legal age with office address
at CIDG Regional Field Unit 8, Port Area, Tacloban City, after having been sworn
to in accordance with law, hereby attest that:

1. I am the examining Investigator on case in the foregoing Statement of


Ms. Jocebel Dabalos Roda;
2. I faithfully recorded the questions that I asked and the
corresponding answers that the complainant gave in her Sworn
Statement;

3. Neither one nor any other person then present is assisting me coached
the witness regarding the latter’s answer.

IN WITNESS WHEEOF, I have hereunto set my hand this _____day of


September 2022 at CIDG RFU 8 Tacloban City, Philippines.

PEMS Noel B Coral


Affiant

SUBSCRIBED AND SWORN to before me this _______ day of


September 2022 at ________________, Leyte Philippines.

___________________

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