Judicial Affidavit For Estafa

REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
REGIONAL TRIAL COURT
REGION II
Santiago City
Branch 36
CRIMINAL CASE NO. 14344

SHARRAM P. TENG FOR: ESTAFA
Plaintiff
-versus-
MALLA N. DY
Accused
x - - - - - - - - - - - - - - -- - - - - - x
JUDICIAL AFFIDAVIT
In lieu of the oral testimony in court of Mr. SHARRAM P TENG, the

plaintiff of this case, his Judicial Affidavit is being offered pursuant to A.M.
12-8-8-SC, known as the Judicial Affidavit Rule, for the Following
purposes, THUS:
1. He will testify in order to prove all the allegations in the

Complaint instituted by him;
2. To prove that the respondent defrauded him;
3. He will prove that documents provided and annexed are

authentic.
PRELIMINARY STATEMENT
I, SHARRAM P. TENG, Filipino, of legal age, single and a resident of

Barangay Camarag, San Isidro, Isabela, Philippines, the Complainant in
this case, state under oath as follows:
I am executing this Judicial Affidavit in Tagalog and was translated

to English in which I also understand.
The person examining me is ATTY. CHRISTIAN HOPE S.
DOMINGO with the law office address at National Highway Barangay
Quezon, San Isidro, Isabela, Philippines. My Judicial Affidavit is being
taken at the above mentioned place in the presence of my companions.
The questions are asked in the English language but are translated in
Tagalog which I speak and fully understand.
I am answering his questions fully conscious that I do so under oath

and may face criminal liability for false testimony and perjury.
OFFER OF TESTIMONY
This Affidavit is being offered to prove that Defendants, Malla N. Dy,

defraud Sharram P. Teng, the Complainant in this case.
It is respectfully prayed that this Judicial Affidavit of Mr. Sharram

P. Teng be admitted as the Direct Examination of the witness in order to
expedite the proceeding.
DIRECT EXAMINATION QUESTIONS
1. Q: Mr. Witness please state your name and other personal

circumstances for the record
A: I am Sharram P. Teng, Filipino, 30 years old, single, and a
resident of National Highway, Barangay Quezon, San Isidro,
Isabela. I am the proprietor of Kiss Me Quick Drive Inn Hotel.
2. Q: Are you the same complainant in this case?

A: Yes I am.
3. Q: Do you know a certain Malla N. Dy?

A: Yes I do
4. Q: How do you know HIM?

A: He was introduced by certain Makha Ty at a bar in Manila. I
found out that he is also from Isabela and also a business owner. He
showed me hospitality and warmth with our consecutive meetings.
Because of his charisma and good looks he earned my trust and
confidence. And during those times we were frequently seeing and
communicating with each other.
5. Q: When was this? Can you recall?

A: Yes, this happened February 13, 2014
6. Q: What happens next after your frequent meet up?

A: Mr. Malla N. Dy inquired from me if I have money to invest in a
real estate business. He presented that he knew project developers
looking for investors. He further presented that suppose I will
invest; I can get double or twice the amount of my investment
return in one (1) year.
7. Q: How much is the cost of the investment?

A: Initially, I asked how much I possibly invest and he inquired if I
have at least One Million Pesos (₱1,000,000.00) to which I
confirmed.
8. Q: What specific real estate business is the investment for?

A: It is for the development of a certain Malandisya Homes in San
Mateo, Isabela, which will be develop by certain Makatisya
Development Corp. from Manila.
9. Q: Did the defendant able to introduce you to the developers?

A: Yes he did. He introduces me to a certain Engr. Bog Mali.
10. Q: Did you invest?
A: Yes I did, due to persistence, insistence, representations
and enticement of Malla N. Dy, I was convinced to invest One
Million Pesos (₱1,000,000.00) on their so called Malandisya Homes
and he promised that he will double the amount after the lapse of
two (2) years.
11. Q: Do you have any proof of the transaction?

A: Yes, I have.
12. Q: What is your proof? If any?

A: The contract and the check I encash amounting to One
Million Pesos (₱1,000,000.00) dated July 17, 2014.
13. Q: I will be marking the check dated July 17, 2014 as Annex
“A” and the contract as Annex “B”, do you agree?
A: Yes sir
14. Q: Have you signed a contract?

A: Yes, I signed a contract.
15. Q: Have you inquired and demand from them the status of
your investment?
A: Yes, after a year I ask Malla N. Dy but I have not heard any
progress. I verified on the with the Securities and Exchange
Commission if the Makatisya Development Corp., but to my
dismay, my inquiry yielded negative result. I tried to call
Malla N. Dy numerous times but all efforts turned out nil as if
he is hiding. The two (2) years period lapse but I heard
nothing from him.
16. Q: With all your efforts, what did you do next? If any?
A: On September 2016, I decided to seek legal counsel and I
learned that I was made to sign an agreement where its
provisions, terms, and conditions were different from the
then verbal representations of Malla N. Dy.
17. Q: After you consulted with your legal counsel, what

happened next? If any?
A: My legal counsel sent a formal demand letter through
registered mail with return card on December 26, 2016,
which was received by the said Respondent on December 28,
2016.
18. Q: I will again be marking the formal demand letter issued by

your counsel as Annex “C”, do you agree?
A: Yes sir
19. Q: After Mr. Dy received the demand letter, what happened

next, if any?
A: Surprisingly, the afternoon of January 2, 2017, Mr. Malla N.
Dy appeared to me and promised to return my One Million
(₱1,000,000.00) and deliver as well the promised income of
another One Million Pesos (₱1,000,000.00) not later than
March 2017. The said date expired but I heard nothing from
him. I neither received any as they promised.
20. Q: Do you have anything else to add?

A: No more sir.
21. Q: Are you willing to sign this Judicial Affidavit?

A: Yes sir.
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of
2019, at Barangay Quezon, San Isidro, Isabela, Philippines.
SHARRAM P. TENG
AFFIANT
SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public in

and for Municipality of Echague, Isabela this 14th day of February. Affiant
personally came and appeared with Passport No. EC 1234567 issued by
the Department of Foreign Affairs (DFA) on November 7, 2018 at
Santiago City, bearing his photograph and signature, known to me as the
same person who personally signed the foregoing instrument before me
and avowed under penalty of law to the whole truth of the contents of
said instrument.
ATTY. KEVIN G. VILLAMOR

Roll No. 45789-2018
IBP No. 5894520-1/15/18
PTR No. 5896314-1/15/18; Isabela
Doc No. 143

Page No. 5
Book No. 2
Series of 2019
MANIFESTATION
May I request this Honorable Court a few words to ponder in the act of
the defendant by mere hiding these past years constitutes an abuse of
confidence over my client. The mere fact that he did not show even with
numerous attempt from my client for him to settle his obligation shows
that the trust entrusted by my client over him was violated.
ATTESTATION CLAUSE
I, ATTY. CHRISTIAN HOPE S. DOMINGO, hereby attest that I

faithfully recorded the questions propounded and the corresponding
answers given by the affiant, SHARAM P. TENG. I duly interpreted the
questions I asked in Tagalog which my client understands and he
provided the answers the best way he could which were duly translated
by me in the English Language. I did not in any way coach or taught or
instruct the witness on how to answer or any other person or persons
then present or assisting the witness regarding the latter’s answer.
ATTY. CHRISTIAN HOPE S. DOMINGO

AFFIANT
SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public in

and for Municipality of Echague, Isabela this 14th day of February. Affiant
has voluntarily exhibited to me his identification card bearing 58426-
2020 with his picture and signature as competent proof of his true
identity.
ATTY. KEVIN G. VILLAMOR

Roll No. 45789-2018
IBP No. 5894520-1/15/18
PTR No. 5896314-1/15/18; Isabela
Doc No. 143

Page No. 5
Book No. 2
Series of 2019

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REPUBLIC OF THE PHILIPPINES

CRIMINAL CASE NO. 14344

In lieu of the oral testimony in court of Mr. SHARRAM P TENG, the

1. He will testify in order to prove all the allegations in the

2. To prove that the respondent defrauded him;

3. He will prove that documents provided and annexed are

I, SHARRAM P. TENG, Filipino, of legal age, single and a resident of

I am executing this Judicial Affidavit in Tagalog and was translated

I am answering his questions fully conscious that I do so under oath

This Affidavit is being offered to prove that Defendants, Malla N. Dy,

It is respectfully prayed that this Judicial Affidavit of Mr. Sharram

DIRECT EXAMINATION QUESTIONS

1. Q: Mr. Witness please state your name and other personal

2. Q: Are you the same complainant in this case?

3. Q: Do you know a certain Malla N. Dy?

4. Q: How do you know HIM?

5. Q: When was this? Can you recall?

6. Q: What happens next after your frequent meet up?

7. Q: How much is the cost of the investment?

8. Q: What specific real estate business is the investment for?

9. Q: Did the defendant able to introduce you to the developers?

11. Q: Do you have any proof of the transaction?

12. Q: What is your proof? If any?

14. Q: Have you signed a contract?

17. Q: After you consulted with your legal counsel, what

18. Q: I will again be marking the formal demand letter issued by

19. Q: After Mr. Dy received the demand letter, what happened

20. Q: Do you have anything else to add?

21. Q: Are you willing to sign this Judicial Affidavit?

SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public in

ATTY. KEVIN G. VILLAMOR

Doc No. 143

I, ATTY. CHRISTIAN HOPE S. DOMINGO, hereby attest that I

ATTY. CHRISTIAN HOPE S. DOMINGO

SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public in

ATTY. KEVIN G. VILLAMOR

Doc No. 143

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