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Republic of the Philippines

)
City of Malaybalay
) S.S
X---------------------------------------X
AFFIDAVIT-COMPLAINT
I, VIRGILIO R. DEVERA, JR., of legal age, Filipino citizen,
married, and with office address located at Claro M. Recto Extension,
Malaybalay City, Bukidnon, after having been duly sworn in accordance
with law, do hereby depose and state that:
1. I am the duly authorized representative of the FLEXIBLE FS
LENDING SERVICES, INC., a business duly organized and
existing under the laws of the Republic of the Philippines with
principal office at Claro M. Recto extension, Malaybalay City,
Bukidnon, herein attached is the Board Resolution No. ___________
as Annex A;
2. FLEXIBLE FS LENDING SEVICES, INC. is a lending company
and one of its borrowers is herein respondent EDEN V. ACHAS;
3. I, in behalf of the FLEXIBLE FS LENDING SERVICES, INC. intends
to file a case against EDEN V. ACHAS with residence at Valencia
City, Bukidnon, Philippines, where he may be served with
summons and other legal processes in all legal proceedings
relevant to this complaint;
4. As a borrower of our lending company, EDEN V. ACHAS had an
outstanding balance of SIXTY FIVE THOUSAND SEVEN
HUNDRED TWENTY PESOS ONLY (P 65, 720.00) which
already become due and demandable on January 2013;
5. That, EDEN V. ACHAS, drew, issued and delivered to
MAGDALENA BUSCAINO, Vice-President of Flexible FS Lending
Services Inc., a BDO Check No. 0239341 dated February 8,
2013 amounting to SIXTY FIVE THOUSAND SEVEN HUNDRED
TWENTY PESOS ONLY (P 65, 720.00) under Account No.
003218010222 as payment for EDEN V. ACHAS monetary
obligation to FLEXIBLE FS LENDING SERVICES, INC. A copy
of the Check is herein attached as Annex B ;
6. On April 24, 2013, I went to RCBCMalaybalay Branch and
presented the check to its drawee bank but was returned on
April 29, 2013, for the reason that account is already closed,
as shown by the Debit Advice issued by RCBC-Malaybalay
Branch, a copy of which is hereto attached as Annex C;
7. From that date onwards, I had difficulty to contact EDEN V.
ACHAS to collect for payments which consequently prompted
me to seek legal advice from my lawyer, Atty. Ria Faith N.
Bisahan;

8. On April 30, 2013, the FIRST NOTICE OF DISHONOR OF


CHECK AND FINAL DEMAND TO PAY was sent through LBC
Express on May 1, 2013 to EDEN V. ACHAS , formally informing
him about the dishonor of the Check by the drawee bank so that
he can settle his accountability to FLEXIBLE FS LENDING
SERVICES, INC., attached herein is a copy of the FIRST NOTICE
OF DISHONOR OF CHECK AND FINAL DEMAND TO PAY with
attached Official Receipt No. MBY011000053116, marked as
Annex D and Annex D-1;

9. Another demand dated May 10, 2013 was sent to EDEN V.


ACHAS on May 11, 2013, the same is herein attached as Annex
E (Demand Letter with Notice of Dishonor dated May
10, 2013) with Official Receipt of Payment of Registered Mail
No. MBY011000053867, marked as Annex E-1;
10.
In spite of the Demand Letters sent by my lawyer, EDEN V.
ACHAS, failed and refused and continue to fail and refuse to pay
or settle the obligation in cash the amount of the unfunded
returned check. Filing of this case was even suspended for
several times just to give him ample time and opportunity to
settle his obligations, but the same were in vain and futile;
11.
I am executing this Complaint-Affidavit to attest to the
truth of the foregoing facts and for the purpose of charging
EDEN V. ACHAS as the issuer of the above-described worthless
check for violation of the Provision of Batas Pambansa Blg. 22.
AFFIANT FURTHER SAYETH NAUGHT.
IN WITNESS WHEREOF, I hereunto set my hand this 30 th day of
May 2014, at Malaybalay City, Bukidnon, Philippines.
FLEXIBLE FS LENDING
SERVICES, INC.
Complainant
By:
VIRGILIO R. DEVERA, JR.
Affiant
SUBSCRIBED AND SWORN TO before me this ___ day of
__________ 2014 at Malaybalay City, Bukidnon, Philippines, affiant
exhibited to me his Valid Identification Card No. _______________, as
sufficient proof of his identity. I hereby certify that I have personally
examined the above-named affiant and I am fully satisfied that he
voluntarily executed and understood his sworn statement.

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