REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
Makati City

JEPOY T. SISON,
Complainant,

I.S. No. 11684615

-versus-
For: Estafa by means of
Bouncing Checks under Art.
315 of the Revised Penal Code

IMELDA A. POPPINS,
Defendant.
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COMPLAINT-AFFIDAVIT

I, JEPOY T. SISON, of legal age and residing in 9661 Pililia

st., Makati City, after being sworn in accordance with law hereby
depose and state:

1. This complaint-affidavit is being filed to charge IMELDA

A. POPPINS, Filipino, of legal age, and with residence at No. 12
Bautista Street, Barangay Palanan, Makati City, of the crime of
Estafa by means of bouncing checks under par. 2(d) of Article
(Art.) 315 of the Revised Penal Code (RPC), committed as follows:
(a) On Jan. 2, 2019, herein defendant, IMELDA A.
POPPINS, approached me in my home for a loan of ONE
HUNDRED THOUSAND PESOS (Php 100,000.00) purportedly to
be used for payment of her child’s school tuition fees for the
school year.
(b) I told Imelda that the I will loan her the money if
she first issues a promissory note or a post-dated check
payable within three (3) months as proof of obligation.

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 (c) She agreed to issue me a post-dated check, but can
only present the said check to me the next day for her
checkbook was not in her possession at that time.
(d) The following day, Jan. 3, 2019, Imelda went to my
house and issued me a post-dated check named IMELDA A.
POPPINS, with check number 163748, with Drawee Bank BDO
branch SM Jazz, Makati City, dated June 3, 2019 with the
amount of ONE HUNDRED FIFTY THOUSAND PESOS (Php
150,000) issued to me, JEPOY T. SISON (ANNEX “A”).
(e) I told her that the agreement was only for ONE
HUNDRED THOUSAND PESOS (Php 100,000) and not ONE
HUNDRED FIFTY THOUSAND PESOS (Php 150,000) and that
the due date should be on April 3, 2019 and not June 3, 2019.
(f) Imelda responded that she would need more time
to pay me so she decided to move the due date further to the
month of June instead of April, but she’ll pay me an extra
FIFTY THOUSAND PESOS (Php 50,000) as interest.
(g) Imelda also assured me that her account currently
has more than THREE HUNDRED THOUSAND PESOS (Php
300,000) and that there is no need for me to worry for the
check to bounce in June.
(h) I asked her why she still needed to borrow money
from me if she currently has more than enough to pay for her
child’s tuition fee and she answered that it is merely for
security reasons.
(i) After all her assurances, she handed me the post-
dated check and I gave her the sum of ONE HUNDRED
THOUSAND PESOS (Php 100,000)
(j) On June 3, 2019, I headed to BDO Branch SM JAZZ
Makati City to encash the check.
(k) However, to my dismay, the bank teller, Ms. Kim
Tiu, told me that the check has been dishonored.
(l) I asked the bank manager, Ms. Bela Contilla to
double-check the name and the account number because
there might be a mistake.
(m) However, the bank manager told me that the
account has been closed since December 20, 2018.
(n) On the same day, I tried to reach Imelda through
text messaging and through phone calls, but she never replied
nor answered my calls.
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 (o) The next day, June 4, 2019, I went to her house
and she promised me that she’ll pay me her debt in 2 days.
(p) However, again, she failed to pay me on June 6,
2019.
(q) I went back to her house, but her neighbors told
me that she has moved to another house, but they were
unsure where.
2. A week after, on June 13, 2019, I decided to report the
incident to the Makati Police and subsequently to the Office of City
Prosecutor of Makati

3. The elements of Estafa by means of Bouncing Checks are

an issuance of a postdated check, or issued a check in payment of an
obligation; such postdating or issuing of a check was done when the
offender had no funds in the bank, or his funds deposited therein
were not sufficient to cover the amount of the check; and that the
issuance was made by means of deceit to assure procurement of
money or goods.

4. Based on the foregoing, it is beyond cavil that respondent

Imelda A. Poppins committed the crime of Estafa by means of
Bouncing Checks punishable under Par. 2(d) of Art. 315 of the RPC.

5. Further, whenever the crime of Estafa by means of

Bouncing Checks is committed and the amount of the fraud is over
P22,000, the penalty of reclusion perpetua may be imposed without
prejudice to the actual or moral damages that may be awarded by
the court.

IN WITNESS WHEREOF, I have hereunto affixed my

signature this 15th day of June 2019, in the City of Makati,
Philippines.

JEPOY T. SISON
Affiant

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

June 2019 in the City of Taguig, Philippines, and I further certify that

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I have personally examined the affiant and I am convinced and
satisfied that he voluntarily executed the foregoing Counter Affidavit
and understood the contents thereof and that they are true and
correct as to his personal knowledge.

Assistant City Prosecutor

CERTIFICATION

I hereby certify that I have personally examined the

affiant and that I am satisfied that she voluntarily executed and
understood this affidavit.

Assistant City Prosecutor