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Understanding Complaint Affidavits

1) The affidavit attached to a civil complaint verifies that the plaintiff has reviewed the complaint and that the allegations are true and accurate. 2) The defendant must respond to the complaint by filing an answer within a specified time limit, usually 21-30 days depending on jurisdiction, to avoid severe consequences like a default judgment. 3) The answer is the defendant's written response admitting or denying the complaint's allegations and presenting any defenses. It can be handwritten or on a prepared form with a general denial of all allegations.

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97 views4 pages

Understanding Complaint Affidavits

1) The affidavit attached to a civil complaint verifies that the plaintiff has reviewed the complaint and that the allegations are true and accurate. 2) The defendant must respond to the complaint by filing an answer within a specified time limit, usually 21-30 days depending on jurisdiction, to avoid severe consequences like a default judgment. 3) The answer is the defendant's written response admitting or denying the complaint's allegations and presenting any defenses. It can be handwritten or on a prepared form with a general denial of all allegations.

Uploaded by

Dever Gerona
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© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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  • What is a Complaint Affidavit?
  • Complaint-Affidavit
  • Witness Attestation

What is a Complaint Affidavit?

The affidavit attached to the civil complaint is nothing more than the plaintiff saying that the
allegations are "true and correct" that they made within the complaint - it's just a "verfication" that the
plaintiff has reviewed the complaint and that it's accurately stating the matters they are complaining
of.

The Defendant has to respond to the Complaint by filing an Answer within a time limit usually stated
in the summons or to be followed as per state laws, normally around 21-30 days depending on the
jurisdiction. Always make sure to respond within the time limit, else the consequences can be very
severe like a judgment can be entered against you and enforceable too.

The answer is Defendant’s written response and defense to all or part of the allegations in the
Complaint. Defendant has to admit or deny each of the allegations truthfully and assert any
applicable defenses. The answer could be handwritten or many courts have a ready to fill form which
has a general denial to all allegations in the Complaint by the Defendant. If the Defendant chooses
to admit or make specific responses then the Defendant can frame an answer making sure all
allegations are covered rather than using a form.
The place where the
affidavit is executed
REPUBLIC OF THE PHILIPPINES)
C I T Y O F CAGAYAN DE ORO ) S.S.

Caption
COMPLAINT-AFFIDAVIT

That I, Vincy Jane A. Polinar, of legal age, married, Filipino and a resident
of c/o South Bank, Kauswagan Branch, Cagayan de Oro City, after having been
duly sworn to according to law hereby depose and say:
PERSONAL CIRCUMSTANCES
1. That I am the Loan Manager of South Bank, Kauswagan Branch, Cagayan
de Oro City. I am executing this affidavit in behalf of South Bank, being the
complainant herein.

2. In behalf of the said Rural Bank, I am filing a formal complaint for Estafa
thru Falsification of Public Document and /or thru Forgery against
respondent Apipa G. Guro [hereinafter “Respondent”], a resident of
Vamenta, Carmen, Cagayan de Oro City .

3. On October 31, 2007, Respondent using the name of, and misrepresenting
herself to be Doña Añiqa Macarambon-Bacsarpa, submitted a loan
application, purportedly signed by the Spouses, by forging their signatures
with South Bank, Kauswagan Branch, Cagayan de Oro City amounting to BODY
PhP 5,000,000.00.

4. As security for the payment of the said loan, Respondent submitted as


collateral thereof a parcel of land described in TCT No. T-178439 1 and
executed a Real Estate Mortgage over the said land in favor of South Bank.
2

5. On December 6, 2007, the loan application amounting to Philippine Pesos:


Five Million (PHP 5,000,000.00) was approved by South Bank and the
proceeds thereof were delivered to the Respondent, receipt of which is

1
Annex “A”.

2
Annex “B”
evidenced by a manager’s check issued by the bank and withdrawn by the
Respondent. 3 Photocopy of the said check is hereto attached as Annex C
hereof;

6. On January 6, 2007, South Bank found out that respondent falsified and/or

forged the above mentioned documents. It also found out that Respondent
misrepresented herself to be Doña Añiqa Macarambon-Bacsarpa when in
truth and in fact the former, as found by the bank, is Apipa G. Guro. 4

Respondent’s real identity was discovered by the bank when one of it’s
employees identified her as an acquaintance as they live in the same
barangay and is personally known to her;

7. Respondent’s unlawful acts were discovered by the bank when the latter
tried to collect from the Spouses Bacsarpas who refused to pay on the
ground that they did not apply for a loan, much less mortgage the land
covered by subject land title in favor of South Bank;

8. The unlawful acts by Respondent caused damage and prejudice to South


Bank in the amount of PhP 5,000,000.00, the amount released to respondent
as proceeds of the loan, including interest of twelve percent (12%) per
annum;

9. South Bank spent PhP 30,000.00 for attorney’s fees for filing the complaint
affidavit .

10. That I am executing this affidavit for and behalf of the South
Bank, Kauswagan, Cagayan de Oro City, being the Loan Manager thereof,
to file a formal complaint of Estafa through Falsification of Public
Documents and/or through Forgery against Apipa Guro.

3
Annex “C”.
4 Annex “D”.
IN WITNESS WHEREOF, I have hereunto affixed my signature for and in
behalf of the complainant South Bank Kauswagan, Cagayan de Oro City this 8 th
day of December 2009, at Cagayan de Oro City. ATTESTATION CLAUSE

Vincy Jane A. Polinar


Affiant

NAME AND SIGNATURE


JURAT OF AFFIANT
SUBSCRIBED and SWORN to before me this 8th day of December, 2009, at
Cagayan de Oro City. I hereby certify that I have personally examined the above-
named affiant and that I am satisfied that the foregoing statements were given by
him voluntarily and of his own free will.

Azrifa A. Mamutuk
Associate Prosecution Attorney II

Common questions

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Upon discovering the falsification and forgery by Apipa G. Guro, South Bank identified her real identity through an employee who recognized her. Consequently, they initiated a formal complaint for estafa and forgery, leading to the execution of the affidavit by the Loan Manager on behalf of the bank. This affidavit laid out the details of the fraudulent acts and the resulting financial damage, forming the basis for legal action .

To execute the complaint affidavit effectively, the Loan Manager likely needed to gather all pertinent evidence of the fraud, including documented misrepresentations and falsified signatures, and coordinate with legal counsel to frame the allegations accurately. Then, as reflected in the affidavit, the manager would swear to the document's truthfulness before an authorized officer to ensure its legal integrity and submit it as part of the formal complaint process against the alleged fraudster .

Vincy Jane A. Polinar, as the Loan Manager, executed the complaint affidavit on behalf of South Bank, providing a formal declaration and the necessary details of the alleged fraud. This reflects typical responsibilities where the complainant or their representative formally declares the facts of the case, ensuring accuracy and verification of the allegations presented for legal proceedings .

Apipa G. Guro's fraudulent actions resulted in a principal financial loss of PhP 5,000,000 for South Bank, along with interest and legal fees, totaling a significant financial setback. This case reflects the broader risks banks face with identity fraud, highlighting the importance of stringent security measures and verification processes to prevent such occurrences and protect the institution's financial stability .

The primary purpose of a complaint affidavit in legal proceedings is to serve as a verification by the plaintiff that the allegations made within the complaint are "true and correct." It ensures that the plaintiff has reviewed the complaint and is accurately stating the matters they are complaining of. This affidavit acts as a formal declaration to support the claims made in the complaint .

South Bank uncovered the true identity of Apipa G. Guro when an employee recognized her as an acquaintance from the same barangay, revealing her true identity. This discovery was significant as it allowed South Bank to correctly identify the perpetrator of the fraud, solidifying their case by providing crucial evidence of intentional deceit and misrepresentation .

Apipa G. Guro committed fraudulent acts by misrepresenting herself as Doña Añiqa Macarambon-Bacsarpa to secure a PhP 5,000,000 loan from South Bank using forged signatures. The legal action against her was initiated after South Bank discovered these actions upon being unable to collect payments from the spouses who denied applying for the loan. The outcome for South Bank was financial damage amounting to the released loan and accrued interest, as well as additional costs of PhP 30,000 for attorney's fees .

The specific legal charges brought against Apipa G. Guro were estafa through falsification of public documents and/or forgery. These charges were based on her use of forged signatures and false representation as another individual to secure a substantial loan from South Bank. These actions constituted a fraudulent scheme that led to financial gain under false pretenses .

A jurat is vital in legal documentation as it serves as a certification that the affiant personally appeared before an authorized officer and swore that the statements within the document were truthful and made of their own free will. This component provides the document with legal validity and ensures the reliability of the sworn statements, as seen in the affidavit executed by Vincy Jane A. Polinar for South Bank against Apipa G. Guro .

A defendant typically responds to a civil complaint by filing an "Answer," which is their written response and defense to all or part of the allegations in the complaint. The answer must specifically admit or deny each allegation and assert any applicable defenses. If a defendant fails to respond within the prescribed time limit, which is usually between 21 to 30 days depending on the jurisdiction, a judgment may be entered against them, and it becomes enforceable .

What is a Complaint Affidavit? The affidavit attached to the civil complaint is nothing more than the plaintiff saying that
REPUBLIC OF THE PHILIPPINES) C I T Y O F CAGAYAN DE ORO ) S.S. COMPLAINT-AFFIDAVIT That I, Vincy Jane A. Poli
evidenced by a manager’s check issued by the bank and withdrawn by the Respondent. 3 Photocopy of the said check is hereto a
IN WITNESS WHEREOF, I have hereunto affixed my signature for and in behalf of the complainant South Bank Kauswagan, Cagaya

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