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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


7th JUDICIAL REGION
Cebu City
Branch 12

PEOPLE OF THE PHILIPPINES,


Plaintiff,

CRIMINAL CASE NO. 09852


-versus- FOR: ESTAFA WITH GRAVE
ABUSE OF CONFIDENCE

KHAWA TAN,
Accused,

x-----------------------------------------------x

JUDICIAL AFFIDAVIT

I, Khawa Tan, of legal age, single, Filipino and a


resident of a 101 Ramos St. Maria Luisita Subdivision,
Cebu City, Philippines after having been duly sworn in
accordance with law, do hereby depose and state:

1. Q: Do you know the complainant in this case?


A: Yes.

2. Q: How do you know her?


A: She is my neighbor. I entered into an agreement with her that I
would help her sell several pieces of jewelry and that I would
earn commission on every piece sold.

3. Q: When did this agreement take place?


A: It took place on October 31, 2017.

4. Q: What were the terms and conditions of your agreement?

A: We agreed that I will sell one 18k diamond ring for men, one
woman’s bracelet, and one men’s necklace, all for P100,000 and
that I would remit the proceeds of the sale, and/or, if unsold, to
return the items, within a period of 60 days with the over price as
my commission.

5. Q: What happened next?

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A: By the end of the 60 days, I was not able to sell the pieces of
jewelry, so I called Kere Lhis to inform her that I will return them
to her.

6. Q: What happened next?


A: She refused my offer to return the items, so I issued her a check
for the amount of P100,000.

7. Q: Did she accept the check?


A: Yes, but I was surprised when I still received a letter from days
after she accepted the check, demanding that I return the
jewelries to her or pay the amount of P100,000 in cash.
(Attached herein is the Acknowledgment Receipt of Check
Payment signed by Kere Lhis as “Exhibit A” and the Demand
Letter from Kere Lhis as “Exhibit B”)

8. Q: What happened next?


A: I demanded that Kere Lhis return the check I issued before I can
pay her in cash, but she refused. (Attached herein is the
Demand Letter to Kere Lhis for the return of the check as
“Exhibit C”, and the written reply of Kere Lhis refusing to return
the check as “Exhibit D”

9. Q: What happened next?


A: I went on a short vacation abroad to visit my sister working in
Singapore, and was surprised when I returned home that Kere
Lhis had filed this case against me.

IN WITNESS WHEREOF, I have hereunto set my hand this 25th day


of February 2018 at Cebu City, Philippines.

Khawa Tan
Affiant
Driver’s License 2102
Valid Until March 30, 2020
Issued at Cebu City

SUBSCRIBED AND SWORN to before me this 25th day of February


2018, at Cebu City, affiant exhibiting to me her valid identification document
as indicated above.

Notario Publico
Notary Public
IBP No. 987654, Cebu City
PTR No. 12345
Roll of Attorneys No.44332
MCLE Compliance No. 123445

2
Cebu City

Doc. No. 20;


Page No. 5;
Book No. 3;
Series of 2017.

3
Republic of the Philippines)
City of Cebu)S.S

SWORN ATTESTATION

I, Christine Perez, of legal age, Filipino, with residence at


Banilad, Cebu City, after being duly sworn in accordance with law, hereby
depose and state that:

1. I am the lawyer who conducted the taking of the foregoing Judicial


Affidavit of accused Khawa Tan;

2. I faithfully recorded the questions I asked and the corresponding


answers that the aforesaid witness gave; and,

3. Neither I nor any other person then present or assisting me


coached the witness regarding her answers.

IN WITNESS WHEREOF, I have signed this Sworn Attestation this


th
19 day of February 2018 at Cebu City.

ATTY. CHRISTINE PEREZ


Examining Counsel
Driver’s License No. 71820112
Valid Until December 25, 2020
Issued At Cebu City

SUBSCRIBED AND SWORN to before me this 25th of February,


2018, at Cebu City, affiant exhibiting to me his valid identification document
as indicated above.

Notario Publico
Notary Public
Doc. No. 21; IBP No. 19191, Cebu City
Page No. 5; PTR No. 88122
Book No. 3; Roll of Attorneys No.531999
Series of 2018. MCLE Compliance No. 888111
Cebu City

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