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Republic of the Philippines . . . . .

)
City of Dumaguete . . . . . . . . . . ..) s.s.
x.........................x
COMPLAINT AFFIDAVIT
I, Juan Dela Cruz, Filipino, of legal age, with office address in Dumaguete City, Negros Oriental,
Philippines, after being sworn to in accordance with law, depose and state:
1. I am the present General Manager of J.E.D. Marketing Corporation, popularly known as
Dizon Farms. Said company being a domestic corporation is engaged in selling and distributing
native fruits, such as mangoes, to different points of the country.
2. Our Company holds its main office on Building 2, 123 Street, Ayala Avenue, Makati City.
3. That along with my duties and responsibilities, as such, is to represent my company, Dizon
Farms, before any court, tribunal, or judicial agency to protect its interest as evidenced by the
certificate issued by our Companys Secretary, herein attached as Annex A.
4. As earlier stated, our Company is engaged in the selling and distribution of native fruits on
various delivery point of the country and principal to our operations are our employment of
purchasing officers who are in charge of procuring, for the company, native fruits of best
quality, from various suppliers, at the best price.
5. That in order for our purchasing officers to procure the native fruits from the suppliers, and as a
matter of practice, our company, Dizon Farms, deposits funds into the payroll accounts of our
purchasing officers which they can use to pay the suppliers.
6. Among our purchasing officers is Mr. Pedro Tamad, who is assigned in Negros Oriental,
particularly in Dumaguete City as evidenced by the certificate of employment issued by our
Companys Secretary and his pay slips herein attached as Annex B.
7. That Mr. Pedro Tamad has an existing company payroll bank account created by our Company
for him as our purchasing officer. This is evidenced by his bank account number and the cash
voucher slips, petty cash voucher slips, and deposit slips herein as Annex C.
8. That during the period of July to August 2008, Mr. Tamad ordered for and in behalf of Dizon
Farms several tons of mangoes from our regular supplier, Mr. Jose Payabos, in Dumaguete
City.
9. That on about the same period, Mr. Payabos delivered the said mangoes to Dizon Farms
worth Php 58,370.00.
10. That on the time of order and delivery of the mangoes to Dizon Farms, Mr. Tamad had
sufficient funds in his account to pay for the said order. However, he failed to pay our
supplier the due amount which compelled Mr. Payabos to seek payment directly from our
corporation, Dizon Farms.
11. That Mr. Payabos and our corporation, Dizon Farms have duly settled the obligation as
evidenced by his sworn statement dated April 16, 2009 herein attached as Annex D.
12. That on September 2008, after conducting an investigation, Mr. Tamad was suspended for
several policy violations, among which were misappropriation of the corporations funds, as
well as asking for commission from its suppliers.
13. That on several occasions, we have demanded Mr. Tamad, through proper channels, to turn over
the corporations funds that are in his possession but such demands went unheeded. Further,
Mr. Tamad has not reported back for work despite the lapse of his suspension period.
14. That our company, Dizon Farms, through a letter dated November 3, 2008, have formally
demanded from Mr. Tamad the return of the Php 58,370.00 which should have been paid to
Mr. Payabos. The said demand letter is attached herein as Annex E.
15. That as of the writing of this affidavit, the said demand has not been answered.
16. That the acts of Mr. Tamad meets the elements of the crime of Estafa under Article 315 1(b),
Revised Penal Code which are:
a. That the money, good or other personal property is received by the offender in trust, or
on commission, or for administration, or under any other obligation involving the duty to
make delivery of, or to return, the same;

b. That there be misappropriation or conversion of such money or property by the offender


or denial on his part of such receipt;
c. That such misappropriation or conversion or denial is to the prejudice of another;
d. That there is a demand made by the offended party on the offender.
17. That in receiving the funds we deposited in his account and not using it to pay Mr. Payabos as
what was agreed upon, Mr. Tamad caused prejudice to our company Dizon Farms. Such
prejudice occurred when we paid Mr. Payabos the sum of Php 58,370.00.
18. Therefore, I am executing this affidavit to attest to the truth of the foregoing facts and for the
purpose of charging Mr. Pedro Tamad, residing at Tubod, Dumaguete City, Negros Oriental,
Philippines, for committing the crime of Estafa, as provided for in Section 1, paragraph (b), of
Article 315 of the Revised Penal Code of the Philippines.
AFFIANT HAS NO FURTHER STATEMENTS.
IN WITNESS WHEREOF, I have set my set my hand this 3rd day of November, 2008 at Dumageute
City, Negros Oriental, Philippines.

J.E.D Marketing Corporation


Complainant

Juan Dela Cruz


Affiant

SUBSCRIBED AND SWORN to before me this 10th day of November, 2008 at Dumaguete City,
Negros Oriental, Philippines. I HEREBY CERTIFY that I have personally examined the herein offended
party and I am satisfied that they voluntarily executed and understood their given affidavit.

George Alexander Magno


Prosecutor
WITNESSES:

Atty. Edgar Abel Garraton


Private Counsel