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) ) S.S.

Complaint-Affidavit I, MARY JANE A. BAYANI, of legal age, married, Filipino, and with residence at #248 Road1-D, Brgy. Bagong Pag asa, Quezon City, after having been duly sworn in accordance with law depose and state that: 1. I am executing this affidavit of complaint against Kagawad CRISTINA REYES GUINOO, a resident of #667-A Malanting St., Amparo Village, Brgy.179, Caloocan City, for the Crime of Estafa with Abuse of Confidence and Betrayal of Public Trust. Sometime in December 2011, my cousins wife, VAMBA DOLLAGUE, informed me that there is a parcel of land for sale allegedly situated at Lot 5 Blk.60 Tindalo Street Barangay 179 Amparo Village, in the City of Caloocan with TCT No.34847 (Attached hereto as ANNEX A), as stated in the Deed of Sale (Attached hereto as ANNEX B) provided by Kagawad CRISTINA REYES GUINOO, the vendor. My husband and I, in good faith, agreed to visit said property and meet the alleged owner in person. On January 14, 2011, we bought the property and paid in full the amount of 136,200.00, inclusive of the Frontage Fee, Agent Fee, Survey, Drainage and Documentation as per the Computation (Attached hereto as ANNEX C) provided and written by Kagawad Guinoo herself. The transaction took place at her residence itself. Kagawad Guinoo promised us that she will turn over the title of the purchased land after one (1) year from the date of its full payment which was January 14, 2011. Without a written agreement, we took her word for it since she is a public servant and under oath to serve her countrymen and will not be using her position in the government to take advantage and to unjustly benefit from another. We believed that she will comply with her obligation and will not risk her credibility in jeopardy. On January 2013, a year after, we visited Kagawad Guinoo at her residence to claim the land title as agreed only to find out that the title is still unavailable and she suddenly denied all of the terms, conditions and promises we agreed upon. Then, a man who introduced himself as






Kagawads Campaign Manager appeared before us and lectured us that our claims are improper procedure, because according to kagawad, he is the one responsible for all Kagawad Guinoos papers and transactions. However, this man was not present when we made the original contract of sale so we ignored his lectures which irritated him and caused him to show an unbecoming behavior. 7. Finally, we ended up having another Written agreement (Attached hereto as ANNEX D) signed by both of us and duly notarized with receipt (Attached hereto as ANNEX E) which states, among others, that she will resell the said property until the end of February 2013 and failure to do so renders her obliged to refund our money back until the end of March 2013. We went to the Barangay hall and asked the assistance of Brgy. Chairman MARLON T. PALMERI in hope to settle matters legally with Kagawad through mediation. Chairman Palmeri told us that if we can reach for Kagawad Guinoo on that same day, he is willing to mediate. I sent a message through SMS to Kagawad Guinoo informing her that the chairman is requesting for her presence. To our dismay, she replied that there is nothing more to talk about since we already talked at her house and that we can do what we want and she will do hers. Barangay Chairman Palmeri told us that Kagawad Guinoo seems to be hostile to any amicable settlements and advised us to pursue in pressing criminal charges against her since Chairman Palmeri said that there is also a pending case regarding a similar anomaly involving Kagawad Guinoo.



10. During the month of February, Kagawad Guinoo failed to contact us completely to inform whether she has sold the land or not. When we visited her on March 31, 2013, according to her, she wasnt able to sell the property as agreed due to unavailability of her clients fund and her own hectic schedule preparing for campaign paraphernalias, meetings, and etc. for the upcoming elections as she is running for councilor in District I of Caloocan. Again, Kagawad Guinoo called the attention of her campaign manager and made him appear before us, this time, he was even more barbaric and disrespectful. He yelled at us and asked Kagawad Guinoo to send us away which made us infuriated and offended. He dared us to just seek for legal advice and bring the matter to court and they will bravely face our charges. Kagawad Guinoo did nothing to stop the distasteful behaviour of this man towards us despite of the fact the she is the one who bears the shortcomings and we have no business with that man, considering that she is a public servant.

11. I have incessantly tried to reach out to her through phone but to no avail. I sought out for legal advice and showed all the documents to a lawyer in Public Attorneys Office (PAO) of Quezon City. To my surprise, I was told that the land title which Kagawad Guinoo has provided me has certain discrepancies and inconsistencies and may even be fabricated. Also, the sketch/plan (Attached hereto as ANNEX F) and Deed of Sale which Kagawad has provided appears to be unregistered with the Registry of Deeds and not registered in her name. 12. My last resort was a demand letter (Attached hereto as ANNEX G) through registered mail with receipt (Attached hereto as ANNEX H) dated April 3, 2013 demanding her to return my money in full or face the risk of being charged for the crime of estafa. The return card (Attached hereto as ANNEX I) showed that she received my demand letter on April 12, 2013. However, there was still no response from her at all. 13. Through my initiative and effort I was able to talk to Kagawad Guinoo over the phone only to hear from her that she lacks fund to pay me especially stressing that she spent all of her resources during her campaign period. 14. From then on up to the present, Kagawad Guinoo has failed to make communication with me and refused to answer my calls which went straight to voice messages. 15. Kagawad Guinoos failure to return my money has greatly prejudiced our family financially leading us to have unpaid house rental, several debts and all of our valuables riskily pawned. She has induced us to purchase in cash a property and we believed in good faith that said property can be ours, otherwise, our money could have been put to a good use and paid off our most pressing needs. Quezon City, May 17, 2013 IN WITNESS WHEREOF, I have hereunto affixed my signature on the date and place written. MARY JANE A. BAYANI Affiant