REPUBLIC OF THE PHILIPPINES )

PROVINCE OF PAMPANGA )
CITY OF SAN FERNANDO ) S.S.

AFFIDAVIT OF COMPLAINANT

I, NOWELYN N. ARROZAL, representative of CASTILLO LENDING INC., of

legal age, Filipino, single, and a resident of Unit C3, Villa Gertrudia, Brgy. San Jose,
San Fernando, Pampanga, after being sworn according to law, hereby depose and
state:

1. That I am the representative of CASTILLO LENDING INC.,(CLI) a lending

institution duly organized and existing under the Laws of the Philippines,
having its principal office at Ground Floor, Unit A1, GAN Building, Brgy., San
Nicolas, San Fernando, Pampanga; Hereto attached as ANNEX "A" is the
Secretary's Certificate incorporating the Board Resolution passed to that
effect.

2. That I, as representative of Castillo Lending Inc., am filing a small claims case

against defendant HIPOLITO B. GARCIA, Filipino, of legal age, and a retired
PNP previously assigned at SAN LUIS POLICE STATION, with postal and
residence address at Barangay 4, Poblacion, San Luis, Aurora, where he may
be served with summons and other court process. As evidence, I attached
herewith the copy of his application for credit loan and personal information
sheet respectively marked as ANNEX “B” and ANNEX “C”.

3. That sometime on July 29, 2015, defendant went to our office and expresses
his intention to borrow money from our lending.

4. That defendant promised that he will pay his loan, the moment he receives
his retirement claim and Commutation of Accumulated Leave Claim (CAL).

5. That to support his retirement and CAL claims, he presented the following
documents to prove that he has already submitted all the documents
necessary for his retirement claim and that he is qualified to claim the same.

a. Copy of Service Record of Hipolito B. Garcia Jr. Hereto attached and

marked respectively as ANNEX “D” and ANNEX “E”.

b. Copy of his Affidavit of Irrevocable Undertaking To Avail Of Optional

Retirement. Hereto attached and marked as ANNEX “F”.

c. Copy of Certificate of Non-Property Accountability. Hereto attached

and marked as ANNEX “G”.

d. Copy of Application for Optional Retirement. Hereto attached and

marked as ANNEX “H”.
6. That because of trust and relying on all the documents that he showed to our
office, we approved his loan application.

7. That on the same date, our office gave him the sum of Five Thousand Pesos
Only ( Php 5,000 ) with an agreed interest rate of 5 % per month. As
evidence, a copy of the deed of mortgage is hereto attached and marked as
ANNEX “I”.

8. That on several dates, he went back to our office to obtain additional loans.

9. That in recognition of defendant’s obligation to Castillo Lending Inc.,(CLI), the

former executed several deeds of mortgage. As evidence, photocopies of the
same are attached herewith and respectively marked as ANNEXES “J”,” K”,
“L”, “M”,”N”, “O” ,“P”, “Q”, “R” and “S”.

10. That as of now the total loan obligations of defendant from July 29, 2015 to
March 17, 2017 is in the sum of Three Hundred Thousand Pesos Only
(Php300,000) as shown in the Statement of Account which is attached
herewith and marked as ANNEX “T”.

11. That he also surrendered to our office his ATM CARD with Savings Account
No. 00003776027099, where his claims will be deposited. As evidence, I
herewith attached a copy of his ATM Card and marked as ANNEX “U”.

12. That defendant executed a Special Power of Attorney, to authorize Mr. Emilio
P. Castillo, President of Castillo Lending Inc., to withdraw his retirement
benefits and Commutation Leave Claim on his ATM card. As evidence, a
copy of the said Special Power of Attorney is attached herewith and marked
as ANNEX “V” and “V-1”.

13. That defendant also informed that his retirement claim and CAL will be
deposited on his ATM CARD on or before September 5, 2018.

14. That on September 5, 2018, our president Mr. Emilio P. Castillo went to
LANDBANK to collect the abovementioned claims of defendant Hipolito
Garcia Jr.

15. That to his dismayed, the ATM Card of Hipolito Garcia Jr. has zero balance.

16. That on the next day, I called Hipolito B. Garcia Jr., on the phone and
informed him that his ATM Card has no balance, but he just replied that we
should try it on the next day.

17. That I became doubtful of his answer, hence, I was prompted to ask one of
our agent in PNP CAMP CRAME to verify whether he is really entitled to
optional retirement benefits and CAL.
 18. That I found out that defendant Hipolito B. Garcia Jr., lied to us that he is still
entitled to his retirement benefits. The truth is that he already received his
retirement benefits before he went to our office on July 29, 2015.

19. That I also discovered that he is no longer entitled to receive his Commutation
of Accumulated Leave Claim because he is considered as “IPSO FACTO”
resigned from PNP service when he was elected as Punong Barangay in San
Luis, Aurora. As evidence, I attached herewith a copy of memorandum from
Aurora Police Provincial Office, marked as ANNEX “W”.

20. That I tried to call his phone number to inform him of what I discovered, but to
may dismayed he did not answer my phone calls.

21. That plaintiff sent a demand letter to defendant containing a demand to settle
his outstanding loan obligations, a photocopy of the demand letter with
registry return card are herewith attached and marked as ANNEX “X” and
ANNEX “Y” .

22. That despite plaintiff's repeated demands, both written and verbal, defendant
failed, neglected and refused to fulfill his obligations without just and valid
grounds to the continued damage and prejudice of plaintiff.

23. That I am executing this affidavit to attest to the truth of the foregoing facts.

AFFIANT FURTHER SAYETH NAUGHT.

IN WITNESS WHEREOF, I have hereunto set my hand this _____th of December

2018 at San Fernando, Pampanga.

NOWELYN N. ARROZAL
AFFIANT

SUBCRIBED AND SWORN to before me this ______th day of December 2018,

affiant exhibited to me her UMID NO. ___________________issued on
________________________ at San Fernando, Pampanga.

Doc. No. ______;

Page No.______;
Book No.______;
Series of 2018.