REPUBLIC OF THE PHILIPPINES

Department of Justice
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR-CEBU
Ground Floor, Palace of Justice
Capitol Compound, Cebu City

CHRYZ GRAZIA CULLEN

Complainant, NPS Docket No.________

-versus- FOR: ESTAFA (Article 315

RPC Deceit/Swindling

EDWARD SKREIN and Violation of BP 22

Accused.
x-----------------------------------------x

JUDICIAL AFFIDAVIT
(Pursuant to SC A.M. No. 12-8-8-SC)

I, CHRYZ GRAZIA CULLEN, Filipino, of legal age, single and a resident of

Block 1 Lot 21 Villa Riza Subdivision, Upper San Vicente, Lilo-an, Cebu,
Philippines, after having been duly sworn to in accordance with law, hereby
depose and say:

PRELIMINARY STATEMENT
The person examining me is Atty. Analyn Grace Basay with address at 88
Coldones Arcade, A.S. Fortuna St,. Banilad, Mandaue City, Philippines. The
examination is being held at the same address.

I am answering her questions fully conscious that I do so under oath and

may face criminal liability for false testimony and perjury.

PURPOSE:

This Affidavit is being offered to prove that Defendant, EDWARD SKREIN

issued several DISHONORED CHECKS to CHRYZ GRAZIACULLEN, the
Complainant in this case.

It is respectfully prayed that this Judicial Affidavit of Ms. Chryz Grazia Cullen
be admitted as the Direct Examination of the witness in order to expedite
the proceedings. Said witness was not coached, taught, forced, or led in any
way in answering this Judicial Affidavit.

DIRECT EXAMINATION QUESTIONS:

1. Q. Ms. Witness, please state your name and other personal

circumstances for the record.
A. I am Chryz Grazia Cullen, Filipino, 31 years old, single, and a resident
of Block 1 Lot21 Villa Riza Subdivision, Upper San Vicente, Lilo-an Cebu. I
am the General Manager of Graziacullen Hardware, Inc.

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

A. Yes I am.

3. Q. Do you know a certain Edward Skrein?

A. Yes I do.
4. Q. How do you know him?
A. He is a frequent customer/buyer in my store. He is one of our loyalty
cardholders which enables him get price discounts. He came into my
office one day and ordered 5,000 pieces of 60x60cm tiles, 30 sets of
sanitary wares packages, 100 units of phenolic boards, 2 units of
generators and other finishing materials for the construction of his new
building. He talked to me personally since he had no credit terms with the
company. He offered to pay the purchase amount through checks
because he was very busy that day and can no longer give the cash
equivalent of the purchased articles. I agreed because it was not the first
time that he issued checks for his purchases. I understood his situation
because I am a businesswoman and had also to manage hectic schedules
most of the time.

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

A. Yes, this happened on February 25, 2018.

6. Q. When she ordered the aforesaid articles from you, how did she pay for
it?
A. As agreed, she issued a check.

7. Q. Was the checks on date or post dated? Can you recall?

A. It was a check on date.

8. Q. What was the amount of the check that he issued? Can you
recall?
A. Yes, since I had the duplicate copy of the sales invoice. The total
amount of the purchased articles was Php 1, 350,000.00.

9. Q. How many checks did Mr. Skrein issued to cover the corresponding
amount of his purchases? Can you recall?
A. Yes, he gave me three (3) checks. Two of the checks bear the amount
of Php 500,000.oo each and the third check bears the amount of Php
350, 000.00.
10. Q. After he issued the check, what happened next? If any?
A. Well, I immediately forwarded the documents to the warehouse
department for delivery process.

11. Q. When was the delivery took place? Can you still recall?
A. Yes, since I had the triplicate copy of the delivery receipt. It was
delivered on the following day or on March 2, 2018 to be exact.

12. Q. Now going back to the issued checks, what was the name of the bank?
Would you know what branch?
A. Yes. It was a Banco de Oro Checks, A.S. Fortuna Branch.

13. Q. Showing to you a BDO checks drawn attached as Annex “A”,”B” and
“C” can you confirm if these are the same checks that Mr. Skrein
issued to you?
A. Yes, those are the same ones.

14. Q. At that time that Mr. Skrein issued the checks, was there anything
else that he said, if any?
A. Yes. He gave me the assurance that the checks will be covered by
sufficient funds when presented for payment.

15. Q. After Mr. Skrein issued the checks, what did you do next? If any?
A. I deposited the checks to my account.

16. Q. When did you deposited the checks? Can you recall?
A. Yes, I deposited the checks on February 26, 2018.

17. Q. After you deposited the check, what happened next, if any?
 A. I was shocked when I was informed by the bank that the checks of Mr.
Skrein bounced. The bank issued a report that it was drawn against a
“CLOSED ACCOUNT.”

18. Q. Upon learning of the dishonored check, what did you do next? If any?
A. I immediately informed Mr. Skrein of the dishonored checks and I
demanded from him that he make good the said checks within 5 days.

19. Q. You said that you made a demand, how did you do it? Was it oral or
written?
A. I called him first then I also sent a written demand.

20. Q. Showing to you a demand letter, attached as Annex “D”, can you
confirm if this is the same demand letter that you sent to Mr. Skrein?
A. Yes, that is the demand letter that I sent her.

21. Q. After you sent the demand letter, what happened next? If any?
A. She called my office, she apologized for the mishap and she
promised to deliver another check to cover the amount.

22. Q. Was she able to deliver another check on date to cover the amount?
A. Yes, she delivered 1 check this time.

23. Q. Do you recall what bank and the branch?

A. Yes. It was with Philippine National bank at A.S. Fortuna Branch.

24. Q. Showing to you a PNB check attached as Annex “E”; can you confrim
if this is the same check that Mr. Skrein delivered to you?
A. Yes, this is the one.

25. Q. After she delivered the PNB check, what did you do next? If any?
 A. I immediately deposited the same.

26. Q. After you deposited the checks, what happened next? If any?
A. Again, I got a call from the bank, this time informing me that the
check was returned because it was drawn against insufficient funds.

27. Q. After you learned that the check bounced, what did you do next? If
any?
A. I personally tried to contact Mr. Skrein both to his office and home
landline phones and his mobile phone, but he refused to take my calls. I
also sent text messages to him asking to make good the account.

28. Q. After he refused to take your calls, what did you do next? If any?
A. I consulted with my lawyer, Atty. Analyn Grace Basay for legal advice.

29. Q. After you consulted with your lawyer, what happened next? If any?
A. My lawyer sent a formal demand letter through registered mail with
return card on March 1, 2018, which was received by the said
respondent on March 3, 2018.

30. Q. Showing to you a demand letter, attached as Annex “F”, can you
confirm if this is the same demand letter that your lawyer sent to Mr.
Skrein?
A. Yes that is the demand letter that we sent to him.

31. Q. After Mr. Skrein received the demand letter, what happened next, if
any?
A. Nothing. He continues to ignore the demand to pay.

32. Q. As of this time, has the amount of Php 1,350,000.00 been paid?
 A. No. Mr. Skrein has not paid a single centavo for the purchased
articles she ordered from my store.

No further questions.

Respectfully submitted.

March 8, 2018, Cebu City, Philippines.

Chryz Grazia Cullen

Witness

CERTIFICATION

I, ATTY. ANALYN GRACE BASAY of legal age, Filipino, with postal

address at 88 COLDONES Arcade, A.S. Fortuna St., Banilad, Mandaue City,
after being duly sworn depose and say:

1. I was the one who conducted the examination of witness, CHRYZ

GRAZIA CULLEN at my aforementioned office in 88 COLDONES Arcade,
A.S. Fortuna St., Banilad, Mandaue City;

2. I have faithfully recorded or caused to be recorded the questions I

asked and the corresponding answers that the witness gave;

3. Neither I nor any other person coached and/or suggested any answer
to the witness.

Deposing Lawyer:
 Atty. Analyn Grace Y. Basay
Counsel for the Complainant
Twilight Law Firm, 88 COLDONES Arcade,
A.S. Fortuna St., Banilad, Mandaue City
Tel. No. 421 3700
Roll of Attorney No. 89456
IBP No. 13579/1-31-2018/Cebu City
PTR No. 24680/1-8-2018/Cebu City
MCLE No. 426873/1-16-2018/Cebu City

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for

Cebu City this 8th day of March 2018. Affiants Chryz Grazia Cullen and
Atty. Analyn Grace Y. Basay are personally known to me to be same
persons who executed the foregoing instrument. I FURTHER CERTIFY
that I have examined the Judicial Affidavit and that I am satisfied that
she had fully understood and voluntarily executed this Judicial Affidavit.

NOTARY PUBLIC

Doc. No._____:
Page No._____;
Book No._____;
Series of 2018.