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Complaint-Affidavit: Antecedent Facts

The complainants filed a complaint against the respondents for the crime of swindling. They allege that the respondents tricked them into signing a blank paper, which the respondents then used to create a special power of attorney mortgaging the complainants' inherited land without their consent. This caused damages and liabilities to the complainants. The respondents abused the complainants' trust and signatures for their own benefit. The complainants are seeking to hold the respondents criminally liable under the Revised Penal Code of the Philippines.

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2K views

Complaint-Affidavit: Antecedent Facts

The complainants filed a complaint against the respondents for the crime of swindling. They allege that the respondents tricked them into signing a blank paper, which the respondents then used to create a special power of attorney mortgaging the complainants' inherited land without their consent. This caused damages and liabilities to the complainants. The respondents abused the complainants' trust and signatures for their own benefit. The complainants are seeking to hold the respondents criminally liable under the Revised Penal Code of the Philippines.

Uploaded by

HannahQuilang
Copyright
© © 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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COMPLAINT-AFFIDAVIT

We, ________________________, of legal ages, married, Filipinos, and all residents of


Barangay Baculud, City of Ilagan, Isabela, after having been duly sworn to in
accordance with law, do hereby depose and state THAT:

1. We are the very same persons executing this affidavit;

2. We are among the surviving heirs of the late Remigio Allado who was the
lawful and registered owner of a parcel of land situated at Barangay Baculud,
City of Ilagan, Isabela with Original Certificate of Title (OCT) No.
2019000234 containing an area of ONE THOUSAND NINE HUNDRED
EIGHTEEN square meters (1,918 sqm);

3. We are instituting this formal complaint for SWINDLING (Estafa) defined and
penalized under Article 315 of the Revised Penal Code (RPC) of the
Philippines against JUWILL ALLADO LIBAN, JULIETA LIBAN, JESSICA
HANDIG, CATHERINE LIBAN & MARIAN BAUTISTA of legal ages, Filipinos,
married and residents of Barangay Baculud, and Barangay San Antonio, City of
Ilagan, Isabela;

ANTECEDENT FACTS
1. Upon death of Remigio Allado, he left 7 children who will legally inherit from
him, all of legal age, Filipinos, and residents of the following places, namely:

Leonila Allado – Balumbato, Balintawak, Q.C


Melchor Allado – Barangay Baculud, City of Ilagan
Lamberto Allado - Barangay Baculud, City of Ilagan
Virginia Allado – Butuan City
Julieta Allado - Barangay Baculud, City of Ilagan
Manuel Allado - Barangay Baculud, City of Ilagan
Juano Allado - Balumbato, Balintawak, Q.C

Melchor Allado married to Arceli Liban, Lamberto Allado married to Rosalinda


Laggui, and Juana Allado died on 2015, 2018 and 2019, respectively;

2. On April 15, 1995, Fermin Taguba purchased a portion of the said land with an
area of THREE HUNDRED THIRTY SIX (336) square meters from Manuel
Allado, who is an heir and co-owner of the property of the deceased Remigio
Allado, evidenced by a Deed of Sale; (Attached herewith the copy of the Deed
of Sale as Annex “__”)

3. The respondents Julieta Liban and her children Juwill Liban, Jesica Handig
and Catherine Liban were not pleased of the sale of such portion to Mr. Fermin
Taguba whom they alleged to have employed deceit in making Manuel Allado
sell his share in the subject property owned in common as being beyond
Manuel’s legal share and its purchased price of 20,000 pesos scandalously
undervalued;

4. Hence, respondents under the leadership of respondent Juwill told the


complainants to allow him to make a survey of the whole property for
facilitating the release of the OCT pending before the office of the Registry of
Deeds Tuguegagrao City, to use it as a basis for filing a suit against Mr. Taguba
and for the subsequent partition and registration of the property under the
name of all heirs according to their corresponding shares;
5. Thus, respondents Juwill Liban and Julieta Liban brought the complainants
Arceli Liban and Rosalinda Laggui to a law office tricking the latter to sign in a
blank paper and to give their IDs including those of the absent and deceased
siblings for a supposedly authorization letter which they claimed as
requirement in facilitating the process of obtaining a copy of the OCT. This
induced the complainant to voluntarily perform what has been asked of them,
particularly affixing of signatures in a blank paper. Moreover, the complainants
were not even apprised on the subsequent release of the OCT which the
respondents took custody;

6. The complainants were complacent, trusting the respondents and relying on


their representations considering that they are all related by blood who have the
same interests to protect. Unfortunately, respondents, especially Juwill, abused
the confidence of the complainants by using the latter’s signatures and even
imitated the signatures of those deceased heirs to draw a Special Power of
Attorney appointing respondent Marian Bautista to enter into a mortgage
contract with the Rural Bank of San Agustin, Jones, Isabela subjecting the
whole property as covered by OCT No. 2019000234 as collateral for the loaned
amount of TEN MILLION PESOS (Php 10,000,000.00); (Attached herewith
the copy of the SPA as Annex “__”)

7. Furthermore, the validity of the SPA is hereby disputed because of having been
notarized by someone who has not been granted authority to perform notarial
acts; (Attached herewith the copy of the Certificate issued by the DOJ
cerAtty. Consuelo Tarampi-Taccad not commissioned as notary public for
the year 2020)

8. These events have only been discovered by Mr. Jayson Taguba when he
attempted to register the portion sold to his Grandfather Fermin and later
informed the family of the late Melchor Allado; and

9. The complainants did not even receive any centavos nor did they profit from
said transaction. On the contrary, it unjustly created liabilities on their part
which apparently continues to prejudice them.

ARGUMENT/DISCUSSION
1. To be held criminally liable for the crime of (a) Swindling by abuse of
confidence, particularly, subdivision no. 1, par. c and (b) Swindling by
means of deceit, particularly, subdivision 3, par. a defined and penalized
under Art. 315 of the Revised Penal Code (RPC) of the Philippines, the following
elements must concur, namely:

FOR ESTAFA BY TAKING UNDUE ADVANTAGE OF THE SIGNATURE IN


BLANK UNDER SUBDIVISION NO. 1, PAR. (C), OF ARTICLE 315:

i. That the paper with the signature of the offended party be in blank;

ii. That the offended party should have delivered it to the offender;

iii. That above the signature of the offended party a document is


written by the offender without authority to do so;

iv. That the document so written creates a liability of, or causes


damage to, the offended party or any third person.
2. Gleaned from the facts the unlawful acts of the respondents which are
contemplated by law, to wit:

 Respondents misled the complainants, devising a would-be requisite for a


pretentious noble intentions of helping them. Had not been the respondents’
concerted acts coupled with the fact of even bringing the complainant to a
notary public in order to avoid suspicions, complainants would not dare to
sign in a blank paper;

 The respondents have drawn using the signature in a blank paper a public
document (SPA); (See attached copy of the SPA) and

 The document so written creates a liability, undoubtedly, to the


complainants and, continues to cause damage.

FOR ESTAFA BY INDUCING ANOTHER TO SIGN ANY DOCUMENT UNDER


SUBDIVION NO. 3, PAR. (A) OF ARTICLE 315:

i. That the offender induced the offended party to sign a document;

ii. That deceit be employed to make him sign the document;

iii. That the offended party personally signed the document;

iv. That prejudice be caused.


3. Similarly, had not been the respondents’ concerted acts coupled with the fact of
even bringing the complainants to a notary public in order to avoid suspicions,
the offended complainants would not have signed anything if not because of the
respondents’ insidious words and machinations. Undoubtedly, the respondents
induced the complainants to personally sign a document by employing deceit to
cause prejudice;

4. With all the foregoing facts, the respondent herein should be held criminally
responsible for the crime of Swindling defined and penalized by Article 315 of
the Revised Penal Code (RPC) of the Philippines; and

5. This affidavit is executed to certify the truth and facts of the foregoing and for
any lawful/legal purpose this may serve.

IN WITNESS WHEREOF, we have hereunto set our hands this ____ day of
_______________, at City of Ilagan, Isabela.

___________________
Affiant

SUBSCRIBED AND SWORN to before me this ____ day of ______________ at City


of Ilagan, Isabela Philippines.

Doc No.:
Page No.:
Book No.:
Series of 2021

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