Republic of the Philippines)

City of Davao

) S.S
AFFFIDAVIT-COMPLAINT

I, ARNIEL S. DAHUYLA, of legal age, Filipino, married and a resident of Davao

City, Philippines, representing DAVAO GOLDWIN LENDING CORPORATON after
having been sworn to in accordance with law do hereby depose and state,
THAT:
1. I am the authorized representative of DAVAO GOLDWIN LENDING
CORPORATION with principal address at Km.14 Panacan Davao City
where it may be served with summons, notices and other process of
the Honorable Office. Hereto attached is a photocopy of Board
Resolution showing the above- mentioned authority as ANNEX A
hereof;
2. That Maria Juvana Dela Cruz, is of legal age, Filipino and a resident at
Purok 3, Panacan Relocation, Davao City where she may be served
with notices, orders and other process of the Honorable Office;
3. That sometimes on February 27, 2008, Maria Juvana Dela Cruz
obtained a loan from DAVAO GOLDWIN LENDING CORPORATION with
the amount of NINETY FIVE THOUSAND ONE HUNDERED FIFTY
FOUR PESOS (P95.154.00) with the interest rate of 17% per month.
Machine copy of the Promissory note is hereby attached and marked
as ANNEX B and form an integral part hereof;
4. That respondent Maria Juvana Dela Cruz defaulted in the payment of
her loan and as of this date has an unpaid balance in the amount of
P345,476.90, inclusive of legal monthly interest, penalties,
surcharges and collection charges due and demandable and payable
as of January 2012;
5. That the loan of respondent Dela Cruz was secured by chattel
mortgage in favor of the company. Copy of which is hereto attached
and marked as ANNEX Chereof;
6. The motor vehicle under mortgage is particularly described as
follows, to wit:
Brand and Make
Type
Motor No.
Chassis No.
Plate No.
Year Model

:
:
:
:

: Suzuki
Jitney
2356069
DA 71T-1312081
LEA454
: 2000

7. That without the knowledge and consent of the company, Ma. Juvana
Dela Cruz unlawfully and fraudulently sold the mortgaged vehicle to a
certain Nena Anonas as per confirmation at LTO Davao City sometime
on November 2014. Machine copy of the Deed of sale is hereby
attached and marked as ANNEX C and form an integral part
hereof;
Affidavit-Complaint of Arniel Dahuyla
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8. That Ma. Juvana Dela Cruz in fraudulently selling the mortgaged

vehicle in favor of another to the damage and prejudiced of the
company is a criminal act in violation of the revised penal code under
article 319 par.2, which provides, among others;
Art. 319. Removal, sale or pledge of mortgaged propertyxxx

xxx

xxx

2. Any mortgagor who shall sell or pledge personal property

already pledged, or any part thereof, under the terms of the
Chattel Mortgage Law, without the consent of the mortgagee
xxx;
9. That the act of respondent Dela Cruz in unlawfully and fraudulently
selling the car already mortgaged to DGLC as security for payment of
her loan without the consent of the latter clearly in violation of
chattel mortgage law and the Revised Penal Code of the Philippines;
10.
I am executing this Affidavit-Complaint to attest to the
truthfulness of the foregoing facts, to inform the proper authorities
and in order to file such criminal charges against Maria Juvana Dela
Cruz for fraudulently selling mortgaged property penalized under
Article 319 paragraph 2 of the Revised Penal Code or such other
criminal action deemed fit under the premises.
IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of
_________, 2014 at Davao City, Philippines.

ARNIEL S. DAHUYLA
Affiant
SUBSCRIBED AND SWORN to before me this _____________, 2014 at
Davao City, Philippines. I HEREBY CERTIFY that I have personally examined
the affiant and that I FURTHER CERTIFY that I am satisfied that he have
voluntarily caused the execution and have fully understood the contents of
the foregoing Affidavit-Complaint.

Affidavit-Complaint of Arniel Dahuyla

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