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NCH OCAMPO JA JA

NCH Phils., Inc., represented by Finance Manager Maricel O. Villanueva, has filed a complaint against Mark Joseph Agustin Mercader for estafa and violation of B.P. Blg. 22 due to dishonored checks. The complaint details that Mercader issued two replacement checks that were also dishonored after he closed his bank account, resulting in damages to the corporation. The document includes testimony and evidence supporting the claims, including notices sent to the respondent and the financial implications of the dishonored checks.

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Jeandy B. Clamor
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3 views5 pages

NCH OCAMPO JA JA

NCH Phils., Inc., represented by Finance Manager Maricel O. Villanueva, has filed a complaint against Mark Joseph Agustin Mercader for estafa and violation of B.P. Blg. 22 due to dishonored checks. The complaint details that Mercader issued two replacement checks that were also dishonored after he closed his bank account, resulting in damages to the corporation. The document includes testimony and evidence supporting the claims, including notices sent to the respondent and the financial implications of the dishonored checks.

Uploaded by

Jeandy B. Clamor
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR
Davao City

NCH PHILS., INC. NPS CASE NO. ________


REPRESENTED BY ITS For:
FINANCE MANAGER, “ESTAFA UNDER ART.
MARICEL O. VILLANUEVA, 315 OF THE RPC AND/OR
Complainant, VIOLATION OF B.P. BLG.
22”
-vs-

MARK JOSEPH AGUSTIN MERCADER


Empyrean Builders Corporation
450 Durian Street, Juna Subdivision
Davao City,
Respondent.
x-----------------------------------------x

JUDICIAL AFFIDAVIT-COMPLAINT

The person examining me is ATTY. FROILAN ‘SALAHUDDIN” R.


MELENDREZ, at Rogen Inn, J. Camus Street, Davao City on the 25 th day
of February 2025. The examination was undertaken in the English
language, which I understand fully well. The examining lawyer informed
me that I may be prosecuted for perjury and false testimony for lying.

QUESTIONS AND ANSWERS

PRELIMINARY:

ATTY. FROILAN R. MELENDREZ (Q): Please raise your right hand, and
state if you do solemnly swear to tell the truth and nothing but the truth in
this examination?

(A) Yes, sir.

Q1 Please state your name, address, citizenship, status, and other


personal circumstances

A1 I am MARICEL OCAMPO-VILLANUEVA, 60 years old, married,


Filipino and a resident of Block 28, Lot 21, Emerald Street, Golden
City, Taytay, Rizal;
OFFER OF TESTIMONY

ATTY MELENDREZ: This testimony is being offered in court to prove


that the respondent issued two (2) checks, particularly check no.
1000200611 dated 07.19.2024 in the amount of P1,065,668.45, and
Check No.1000200612 dated 09.19.2024 in the amount ofP1,065,668.44
in favour of NCH Phils., Inc., a corporation duly organized and existing
under Philippine laws, as replacement for an earlier check, Check
No.1000168898 dated 06.30.2023 in the amount of P2,131,336.89 which
was previously dishonored because it was Drawn Against Insufficient
Funds (DAIF), also in favour of the said corporation for payment of various
chemicals already delivered by the said company to him; To prove the fact
that the corporation accommodated his request to replace the DAIF check
into two (2) checks in order for him to pay his obligations; To prove the fact
that the said checks were presented to the drawee bank, BPI Main branch
Claveria Street, Davao City but was dishonoured because the respondent
maliciously and fraudulently CLOSED his Account No.2080-8095-76 at the
drawee bank; To prove the fact that the corporation, through counsel, sent
a Notice of Dishonor and Final Demand dated 30 September 2024, through
LBC, which was received by him; To prove the fact that the corporation
suffered actual damages in the total sum of P2,131,336.89 plus an interest
of 6% annually or P127,880,21 and another 6% collection fee or
P127,280.21 or a total of P2,387,097.31 by engaging the services of their
legal counsel; to prove the fact that the corporation has authorized the
herein witness to represent it in this case. She will also testify on other
relevant and material matter.

Q3. What is your position in NCH Phils., Inc.?

A3. I am the Finance Manager, sir;

Q4 What are your duties as a Finance Manager?

A4 I am responsible for the financial transactions of the corporation. It


It will include credit and collection.

Q5 What precisely is the business of NCH Philippines, its principal


office, and its SEC Registration No.?

A5 The business of our company is a manufacturer of specialty


maintenance products; its principal office is located in between
Kilometers 19 and 20, North Ortigas Avenue Extension, Cainta,
Rizal, and its Amended SEC Registration No. is 35997. I have here
a copy of the NCH Amended SEC Registration Certificate.

ATTY. MELENDREZ: Ok, we will mark that Amended SEC Registration


Certificate as Exhibit A;
Q4. You said you are representing NCH Phils., Inc. in this case. What is
your evidence of that authority?

A4. I have here a copy of Secretary’s Certificate regarding the meeting of


the Board of Directors dated September 11, 2024 of NCH Phils.,
Inc.

ATTY MELENDREZ: Okay, we will mark that Secretary’s Certificate


regarding the Board Resolution as Exhibit “B”;

Q5. Now, do you know the respondent in this case?:

A5. Yes, sir. I met him once in Davao City to discuss the payment of the
chemicals the corporation delivered to him. I have here copies of
the delivery receipt, sales invoice, and purchase order.

ATTY. MELENDREZ: We will mark those delivery receipt as Exhibit “C,


the sales invoice as Exhibit C-1, and the purchase order as Exhibit
“C-2”;

Q6. What happened to the payment?

A6. Previously, he issued Check No.1000168898 dated 06.30.2023


in the amount of P2,131,336.89 in favour of NCH Phils., Inc. But it
was dishonoured by the drawee bank BPI Main branch Claveria
Street Davao City because it was Drawn Against Insufficient Funds
(DAIF). During our meeting sometime in 2024, he requested me to
replace the said check with two (2) checks so he will be able to pay.
Here is a copy of that first DAIF check, attorney.

ATTY MELENDREZ: We will mark that first DAIF check as Exhibit


“D”;

Q7. What happened to his request?

A7. I accommodated his request and he issued in favor of the


corporation two checks, check no. 1000200611 dated 07.19.2024 in
the amount of P1,065,668.45, and Check No.1000200612 dated
09.19.2024 in the amount of P1,065,668.44 in favour of NCH Phils.,
Inc.

Q8 What happened to those replacement checks?

A8 Both of them bounced because he closed his account. I have


here copies of the dishonored replacement checks.
ATTY. MELENDREZ: We will mark those dishonored checks as
Exhibits“E and F” and the Return Check Advice (RCA) of the
drawee bank as Exhibits “E-1 and F-1”;

Q8. What happened after that?

A8. I requested our legal counsel to formally write him a notice of


dishonor and final demand. Here is a copy, attorney.

ATTY MELENDREZ: We will mark that Notice of Dishonor and Final


demand letter dated 30 September 2024 as Exhibit “G”;

Q9. How was that Notice of Dishonor and Final Demand sent to the
respondent?

A9. Our counsel told us it was sent thru LBC.

Q10. Was that received by the respondent?

A10. Yes. The LBC, thru its trace and track website, informed our
counsel that Transaction No. 1272 5677 3058 dated October 1, 2024
pertaining to that Notice of Dishonor and Final Demand, and was
received by the respondent’s authorized representative, MARLON
SISENA on October 3, 2024 as per copy of the LBC trace and track
screenshot I have here.

ATTY. MELENDREZ: We will mark that screenshot of LBC trace and


track as Exhibit “H”;

Q11. What happened thereafter?

A11. Despite his receipt of the Notice of Dishonor and Final Demand
from our legal counsel, he refused and continue to refuse to pay our
corporation with a clear intent of committing fraud to the injury of our
corporation. Hence, we decided to file this case to set an example for
others;

Q12. What are the terms of your corporation’s engagement with your
counsel, if any?

A12. Among others, we agreed to pay our counsel P5,000 for


demand letters; P50,000 for acceptance fee, appearance fee of
P15,000 per hearing and 3% of the collectible sum. Here is a copy of
the engagement letter dated 19 September 2024.

ATTY. MELENDREZ: We will mark that engagement letter dated 19


September 2024 as Exhibit “I”;
Q13. What about your expenses in appearing for this case in court in
Davao City?

A13. My company, NCH Phils., Inc. spends at least P30,000 for my


airfare, hotel accommodation, food and other expenses whenever I
attend hearings in court for this case;

FURTHER AFFIANT SAYETH NAUGHT.

IN WITNESS WHEREOF, I have signed this Judicial Affidavit-Complaint


this ___ day of February 2025 at Davao City, Philippines.

MARICEL OCAMPO-VILLANUEVA
Affiant

SUBSCRIBED AND SWORN to before me this ___ February


2025 with Affiant exhibiting to me her: ________________________.

________________________
SWORN ATTESTATION

REPUBLIC OF THE PHILIPPINES )


CITY OF DAVAO )SS
X---------------------------------------------X

I. ATTY. FROILAN “SALAHUDDIN” R. MELENDREZ, under my oath as a lawyer,


hereby depose and say:

(1) That I am the lawyer who conducted and supervised the examination of the
above-named witness; (2) That I personally know that the above Judicial Affidavit has been
faithfully recorded or caused to be recorded the questions propounded on the witness, and the
above-named witness’ corresponding answers to said questions; (3) That neither did the
undersigned counsel, nor any person present ever assisted or coached said witness regarding
the answers given by said witness, and as recorded.

FURTHER, I have personally examined the affiant and am personally satisfied that he
understood the contents thereof and voluntarily signed the same.

IN WITNESS WHEREOF, I have signed this sworn attestation at Davao City,


Philippines this 25th day of February 2025.

ATTY. FROILAN “SALAHUDDIN” R. MELENDREZ


Affiant

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