REPUBLIC OF THE PHILIPPINES

Calamba City, Laguna

)
) S.S.

COMPLAINT-AFFIDAVIT
I, Rogelio E. Micosa, of legal age, American citizen, formerly
Filipino, widower , and a resident of Maahas, Los Baos,Laguna, states
under oath that:
1. I am instituting this CRIMINAL COMPLAINT against the Spouses
REYNANTE RAMOS & MARYJANE RAMOS (Spouses Ramos), both
of legal age, Filipinos, and residents of Brgy. Sta. Monica, Los Baos, Laguna
SWINDLING (ESTAFA) as defined and penalized under Article 315 (1)
(b) of the Revised Penal Code of the Philippines, as amended.
2. The Spouses Ramos committed the act/s complained of as follows:
a) Sometime in November 2014, the Spouses Ramos and I had an
agreement to lend money to some farmers in Los Baos, Laguna.
The funds would come from me and the spouses would be the ones
to give the amount to the intended debtors. The debtors/farmers,
in return, will mortgage their agricultural land to me and I
authorized the Spouses Ramos to cultivate the land while the debt
remains unpaid. I would take care of all the expenses in cultivating
the land while the Spouses Ramos would provide the labor. All
produce from the land mortgaged to me, after deducting the
expenses, shall be divided between me and the Spouses Ramos in
equal shares.
b) In accordance with our agreement, on November 2014, I sent
through money remittance the amount of TWO HUNDRED
THOUSAND PESOS (Php200,000.00) to Mrs. Susana
Macamus, the mother of Maryjane Ramos. The amount was
supposed to be paid/given to Mr. Esteban Ramos of Sitio Tambo,
Sta. Monica, Los Baos, Laguna, who mortgaged his agricultural
land to me. The Spouses Ramos received the entire amount of
Php200,000.00 from Mrs. Macamus.
c) To my surprise, only the amount of Php120,000.00 was given to
Mr. Esteban Ramos, as evidenced by a Promissory Note he
executed on 4 December 2011 in Sta. Monica, Los Baos, Laguna, a
copy of which is hereto attached as Annex A to form an integral
part hereof. The amount of Php120,000.00 had been returned/paid
to me by Mr. Esteban Ramos.
d) I confronted the Spouses Ramos about the remaining
Php80,000.00 out of the Php200,000.00 that I gave them. They
told me that they already used the money for their personal use. I

demanded the return of the Php80,000.00 but they told me that

they did not have any money, to my damage and prejudice.
e) On December 2011, I again sent through money remittance the
amount of
TWO
HUNDRED
THOUSAND
PESOS
(Php200,000.00) to Mrs. Susana Macamus, who delivered the
entire amount to the Spouses Ramos. The money was supposed to
be paid/given to Mr. Orlando Ramos, also of Sitio Tambo, Sta.
Monica, Los Baos, Laguna, who also mortgaged his agricultural
land to me.
f) I discovered, however, that the entire amount of Php200,000.00
was not given/loaned to Mr. Orlando Ramos. Instead, only the
amount
of
FORTY
SEVEN
THOUSAND
PESOS
(Php47,000.00) was given to Mr. Orlando Ramos. The Spouses
Ramos used the remaining Php153,000.00 for their personal
gain, to my damage and prejudice. Attached hereto as Annex B
is the Sinumpaang Salaysay of Mr. Orlando P. Ramos to prove that
he received the amount of Php47,000.00 only from the Spouses
Ramos.
g) Also attached to this Complaint-Affidavit as Annex C is the
Sinumpaang Salaysay of Christian Paul C. Otero to prove that I
remitted the money to Mrs. Susana Macamus.
h) Finally, on November 2014, at my house in Brgy. Maahas, Los
Baos, Laguna I personally gave the amount of FORTY SEVEN
THOUSAND PESOS (Php47,000.00) to the Spouses Ramos, to be
used in the purchase of farming equipment needed for the
cultivation of the farmlands in Los Baos, Laguna which were
mortgaged to me. I discovered, however, that the Spouses Ramos
did not use the money to buy any piece of equipment. Instead, they
used the money for their own personal use/consumption. I
demanded from them the return of the said amount, but they
refused and/or failed to do so, to my damage and prejudice.
3. The above unlawful acts of the Spouses Ramos caused damage and
prejudice to me in the amount of Php280,000.00. The amount was
supposed to be given to other persons and used for the purchase of farming
equipment but was appropriated by the Spouses Ramos for their own
personal use and/or consumption.
4. I filed a complaint before the Barangay Council of Sta. Monica, Los
Baos,Laguna against the Spouses Ramos for estafa and demanded the
return of the Php280,000.00 given to them. However, no amicable
settlement was reached since the Spouses Ramos allegedy have no money or
property to pay me. Copies of the Barangay Blotter and Certification to File
Action issued by the Office of the Lupon Tagapamayapa in Brgy. Sta.

Monica, Los Baos, Laguna, are hereto attached as Annexes D, E

and F to form integral parts hereof.
5. I am executing this Affidavit to attest to the truth of the foregoing
statements and for the purpose of prosecuting the Spouses REYNANTE
RAMOS and MARYJANE RAMOS for the crime of SWINDLING (ESTAFA).
IN WITNESS WHEREOF, I sign hereunder on this 11th day of March 2015
at Calamba, Laguna.

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, Rogelio E. Micosa, of legal age, after having been duly sworn in
accordance with law, depose and state that:
1. I am a plaintiff in the above-stated case;
2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of
documents and records in my possession;
4. I have not commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;
5. To the best of my knowledge and belief, no such action or proceeding is
pending in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;
6. If I should thereafter learn that a similar action or proceeding has been
filed or is pending before the Supreme Court, the Court of Appeals, or any
other tribunal or agency, I undertake to report that fact within five (5) days
therefrom to this Honorable Court.

_______________________
Rogelio E. Micosa
Affiant/Complainant

SUBSCRIBED AND SWORN to before me, this 15th day of March,

2015 in Calamba City affiant exhibiting before me his Community Tax
Certificate No. 123456, issued at Calamba City, Laguna on March 1, 2015.

Atty. Efren R. Dela Paz

NOTARY PUBLIC for Laguna
15 Carnation St., DRJVillage, Los Baos, Laguna.
Until Dec. 31, 2002015
Roll No. 0001
P.T.R. No. 0002, 12/31/2007, Manila.
IBP No. 0003, 12/31/2007, Manila.
MCLE Compliance No. IV
Serial No. of Commission: 07-11111
Doc. No. 5;
Page No. 6;
Book No. I;
Series of 2015.

I hereby certify that I have personally examined the complainant and

that I am convinced that the foregoing is his true and voluntary act and deed.