Republic of the PhilippinesDepartment of Justice

National Prosecution Service OFFICE OF THE CITY PROSECUTOR

Muntinlupa City

ROGELIO LOANS & CREDIT CORP., Complainant,

-versus- NPS No. HI-oi-INV-14K-oo774 `Estafa 'Art par. 2,818r RPCJ and Viol. of B.P. 22

FRANKIE A. ARINOLI, Respondent.

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JUDICIAL AFFIDAVIT OF DUHRIZZ MAINE C. AMAESHOW

Below is the Judicial Affidavit of DUHRIZZ MAINE C. AMAESHOW taken at the Mendoza and Richards Law Offices located at Unit 321, Madrigal Commercial Complex, National Highway, Alabang, Muntinlupa City, Philippines by and under the supervision of Atty. Nicomaine Mendoza:

Question no. 1: Do you swear to tell the truth, the whole truth and nothing but the truth in this Judicial affidavit?

Answer: I do.

Q2: Are you aware and fully conscious that you were placed under oath and that you may face criminal liability for false testimony or perjury for any falsehood that you will answer to the questions I will propound to you?

A: I am.

Q3: Please state your name, civil status, age, address and occupation.

A: My name is Duhrizz Maine Amaeshow. I am 24 years old, Filipino, and a resident of 123 Pabebe St, Alabang Hills, Muntinlupa City. I am employed as Finance Analyst And Loan Officer of Rogelio Loan & Credit Corporation ("Rogelio").

Q4: What is the nature of Rogelio's business?

A: Rogelio is engage in the business of granting loans to consumers in accordance with R.A. 9474 otherwise known as the "Lending Company Regulation Act of 2007".

Q5: What are your duties as Finance Analyst and Loan Officer?

A: As Finance Analyst and Loan Officer, I am in charge with the evaluation and approval of loan applications.

Q6: Are you the same Duhrizz Maine C. Amaeshow who filed a complaint on behalf of Rogelio Loan & Credit Corporation against Frankie A. Arinoli?

A: Yes, I am.

Q7: Do you know Frankie A. Arinoli?

A: Yes.

Q8: How did you come to meet Arinoli?

A: I came to meet her when she went to the office of Rogelio to apply for a loan.

Q9: When did she apply for a loan?

A: July 2, 2014

Q10: Why was Arinoli applying for a loan?

A: According to Arinoli, he needed money to pay her outstanding loan to a certain Mrs. Lola Nidora amounting to P3.4 Million.

Q11: What happened when Arinoli applied for a loan?

A: A meeting was held with Arinoli, himself, Ms. Tidora D. Bernardo, President of Rogelio, and Ms. Tinidora D. Quando, Operations Officer of Rogelio, to determine if Arinoli would be granted a loan.

Q12: What transpired during the meeting?

A: During the meeting, the requirements for the granting of a loan were explained to Arinoli.

Q13: What requirements were explained to Arinoli?

A: Among the requirements explained to Arinoli was he had to issue post dated checks ("PDC") to cover her payments for the loan, as well as a land title for security. We also explained the terms of the loan.

Q14: What were the terms of Arinoli's loan?

A: Under the terms of the Loan Agreement and Promissory Note, the principal amount of Arinoli's loan shall be paid after one year or on or before 2 July 2015. She also undertook to pay Rogelio monthly

interest in the amount of 3% equivalent to P120,000.00 per month to be covered by the post dated checks.

Q15: Do you have proof that Arinoli agreed to the terms of the loan?

A: Yes, sir. He signed the Promissory Note and Disclosure Statement and a Loan Agreement.

Q16: I am showing to you a Promissory Note and Disclosure Statement dated July 2, 2014. What relation does this document have to the Promissory Note and Disclosure Agreement mentioned earlier?

A: That is the Promissory Note and Disclosure Agreement executed by Arinoli.

Q17: There is a signature over the printed name, "Frankie A. Arinoli". Do you recognize this signature?

A: That is the signature of Arinoli.

Q18: Why did you say that the signature belongs to Arinoli?

A: He signed the document in our presence, sir.

Q19: There are 2 signatures appearing in the bottom portion of the document, above the printed names "Tinidora D. Quando" and "Duhrizz Maine C. Amaeshow". Do you recognize those signatures?

A: That is the signature of Ms. Tinidora D. Quando, a co-employee of Rogelio while the other one is my signature, sir. We signed the document as witnesses because, as I have mentioned earlier, Arinoli executed that document in our presence, sir.

Q20: I will mark the Promisory Note and Disclosure Statement asExhibit "A", the signature of Arinoli as Exhibit "A-1", signature of Tinidora D. Quando as Exhibit "A-2" and your signature as Exhibit "A-3". Do you confirm this action?

A: Yes, Sir.

Q21: I am showing to you a document entitled "Loan Agreement". What relation does this document have to the Loan Agreement you had mentioned earlier?

A: That is the Loan Agreement executed by Arinoli, sir.

Q22: There is a signature appearing over the printed name "Frankie A. Arinoli" appearing on the left margin of the first page and on the second page, and on the top left portion of the second page. Do you recognize the said signatures?

A: Those are the signatures of Arinoli.

Q23: Why do you know that the signatures belong to Arinoli?

A: He signed the document in our presence, sir.

Q24: There are 3 signatures respectively appearing in the left margin of the first and second page of the document, above the printed name, "Tidora D. Bernardo", "Duhrizz Maine C. Amaeshow " and "Tinidora D. Quando". Do you recognize those signatures?

A: Those are the signatures of Ms. Tidora D. Bernardo, presently the President of the company, Ms. Tinidora D. Quando, a co-employee of Rogelio, and my signature, sir. We signed the document as witnesses because, as I have mentioned earlier, Arinoli executed that document in our presence, Sir.

Q25: I will mark the Loan Agreement as follows:

First page - Exhibit "B"Second Page - Exhibit "B-1"Signature of Frankie A. Arinoli on the first page - Exhibit "B-3"Signature of Frankie A. Arinoli on the second page margin- Exhibit "B-4"Signature of Frankie A. Arinoli on the second page - Exhibit "B-5"Signature of Tidora D. Bernardo on the first page margin - Exhibit "B-6"Signature of Tidora D. Bernardo on the first page - Exhibit "B-7"Signature of Duhrizz Maine C. Amaeshow on the first page margin - Exhibit "B-8"Signature of Duhrizz Maine C. Amaeshow on the second page margin - Exhibit "B-9"Signature of Tinidora D. Quando on the first page margin - Exhibit "B-10"Signature of Tinidora D. Quando on the second page margin- Exhibit "B-11"

Do you confirm this action?

A: Yes, sir.

Q26: You mentioned earlier Frankie Arinoli had to issue postdated checks as a requirement for the loan. What, if any, did Frankie Arinoli do with respect to this requirement.

A: After agreeing to the terms of the loan, Frankie Arinoli issued post-dated checks in favor of Rogelio Loans & Credit Corp . He also guaranteed that his checks are funded.

Q27: Who filled up the checks?

A: The amount and payee of the checks presented by Frankie Arinoli were filled up by Tinidora Quando in the presence of Tidora Bernardo and myself. Thereafter, Frankie Arinoli affixed his signature on all the checks. Frankie Arinoli issued and signed a total of twelve(12) checks in the amount of P120,000.00 each.

Q28: Why were checks filled up by Tinodora Quando, instead of Frankie Arinoli?

A: As standard operating procedure of , Rogelio Loans & Credit Corp. all checks issued by borrowers are first filled up by Rogelio Loans & Credit Corp. staff to ensure the accuracy of the amounts written, and to avoid typographical errors and erasures. The checks are then signed.

Q29: What does the amount of P120,000.00 appearing in the checks represent?

A: The amount of P120,000.00 represents the monthly interest.

Q30: What about the principal?

A: Frankie Arinoli said that he bought with him only 12 checks because he had ran out of checks. The checks he presented to us were already detached from the check book at that time. He promised that he would just issue another PDC covering the principal the following week in the amount of P4,000,000,00, sir.

Q31: I will now compare the checks with the photocopies and rank the latter as exhibits, as follows:

Check no. Date Exhibit581951 August 2, 2014 C581952 September 2, 2014 D581953 October 2, 2014 E581954 November 2, 2014 F581962 December 2, 2014 G581963 January 2, 2015 H581964 February 2, 2015 I581965 March 2, 2015 J581966 April 2, 2015 K581967 May 2, 2015 L581968 June 2, 2015 M581970 July 2, 2015 N

Do you confirm this action?

A: Yes, sir.

Q32: There are signatures on the said checks. Who affixed those signatures on the checks?

A. The signatures appearing on the said checks were written by Frankie Arinoli in my presence sir. Ms. Tinidora Quando and Ms. Tidora Bernardo.

Q33: I will now mark the signatures on the checks as Exhibits “C-1” “D1” up to “N-1”. Do you confirm this action?

A. Yes, Sir.

Q34: What happened after the issuance of the checks and signing of the loan documents?

A. The loan was released to Frankie Arinoli. The amount of P3.4 Million cash was paid directly to Ms. Nidora ( to settle the Arinoli’s loan to her) while the balance of P600,000.00 was handed to Arinoli.

Q35: What happened after that?

A: On August 4, 2014, Check No. 0581951 (Exhibit “C”) was deposited with Rogelio's depository bank, Wave Bank (Wave), Madrigal, Muntinlupa City Branch. Upon presentment for payment, the said check was dishonored for the reason “DAIF” or for being drawn against insufficient funds as shown by the stamp mark on the check, sir).

Q36: What did you do after the dishonor?

A: I informed Ms. Tidora Bernardo.

Q37: What did Ms. Bernardo do after you reported the matter to her?

A: She called Arinoli on the phone to ask him why the check was dishonored. Arinoli then told her to re-deposit the check.

Q38: What happened after Arinoli asked that the check be re-deposited?

A: The check was again deposited on 11 august 2014 but the same was still dishonored for the reason “DAIF”.

Q39: What proof do you have that the check was indeed dishonored?

A. Aside from the stamp of the bank on the check, the bank issued a returned check advice dated Aug. 12, 2014 [ witness presenting the returned check advice].

Q40: I will compare the original returned check advice with the photocopy and mark the latter as Exhibit “O”. I will likewise bracket and mark the stamp marking on the face of Check No. 0589151 as Exhibit “C-22”.

Q41: What did you do after the check was dishonored for the second time?

A: Upon the instructions of Ms. Bernardo, I pulled out the file of Arinoli to file the checks. While I was filing the returned check in Arinoli’s loan folder, I noticed that the signature affixed by Arinoli on the said check was glaringly different from his signature in his promissory Note and Loan Agreement.

Q42: What happened after you noticed that the signature was different?

A: Ms. Bernardo called Arinoli. Arinoli then admitted bank of Makati to verify the account. We were then told that bank account against which the subject checks were drawn did was not Arinoli’s account.

Q43: Were you able to find out from the bank who owned the account against which the checks were drawn?

A: No, sir. The bank did not reveal any details about the deposit and the name of the account holder. However, Arinoli himself confirmed that the account belonged to one of her sisters.

Q44: What do you mean when you said that the account belonged to one of his sisters?

A: Apparently, Arinoli, had forged the signature of one of her sisters on all the checks that she submitted to us when she applied for the loan. It appeared from the examination that all the checks were forged by Arinoli and had the simulated signature of her sister. The checks did not belong to Arinoli because she forged the signature of the owner of the account and pretended that the account was his. In other words, Arinoli fraudulently misrepresented to Rogelio that the checks he issued ( Exibits "C" to "N") were drawn against his supposed bank account but in reality he forged the signature of the real depositor.

Q45: What happened after the forgery was discovered?

A: Arinoli verbally promised to redeem the dishonored check but he never did. So, we decided to deposit the second check (Exhibit "D").

Q46: What happened to the second check after it was deposited?

A: On2 September 2014, Check no. 581952 was likewise dishonored upon presentment for payment for being drawn against insufficient funds or "DAIF" as shown by the stamp of the bank on the check. The matter was reffered to our legal demand letter for Arinoli to pay

Rogelio the entire amount of the loan including interest amounting to P4,423,600.00 [witness presented original demand letter].

Q47: There is a signature on the bottom portion of the letter over the printed name, NICOMAINE C. MENDOZA on the second page, Do you recognize that signature?

A: Yes, sir that is your signature. I saw you sign the letter, sir.

Q48: There is also a signature over the printed name TIDORA D. BERNARDO on the second page. Do you recognize that signature?

A: Yes, sir. That is the signature of Ms. Tidora D. Bernardo, the President of Rogelio. I am familiar with her signature since she is the President of the company and I also saw her sign the letter.

Q49: I will now compare the demand letter with the photocopy and mark the latter as Exhibit "P", the second page as Exhibit "P-2", the signature of Atty. Nicomaine C. Mendoza as Exhibit "P-3" and the signature of Ms. Tidora D. Bernardo as Exhibit "P-4". Do you confirm this action?

A: Yes, sir.

Q50: Why did Rogelio demand for the payment of the entire amount of the loan plus interest instead of just the amount of the 2 checks?

A: Conformably to paragraph V of the Loan Agreement, the entire loan plus interest becomes due and demandable should Arinoli fail to make any instalment payment on due date for whatever reason.

Q51: What happened to the Notice of Dishonor?

A: Ms. Tinidora D. Quando personally served and tendered the letter to Arinoli on September 16, 2014 at her given address but Arinoli refused to acknowledge the receipt of the letter.

Q52: What proof do you have of what you have just stated?

A: Ms. Quando placed and signed a notation on the letter [witness pointing at the annotation]. She also prepared an expense report and took photographs of the house of Arinoli when he went there to serve the letter, sir. The photographs appear on the right portion of the documen, sir. [witness presenting the original expense report].

Q53: There is a signature on the bottom left portion of the Expense Report over the printed name "TIDORA D. BERNARDO". Are you familiar with the signature?

A: Yes, sir. That is the signature of Rogelio's President, Ms. Tidora D. Bernardo. I am familiar with her signature because she is tha President of our company. I was also present when she signed the document when she approved the expenses incurred for the service of the letter.

Q54: I will now compare the original document with the photocopy and mark the latter as follows:

Expense Report - "Exhibit Q"Signature of Ms. Tidora D. Bernardo - Exhibit "Q-1"Photographs on the left portion - Exhibit "Q-2" and "Q-3"Do you confirm this action?

A: Yes, sir.

Q55: How much expenses was incurred during the services of the letter?

A: Based on the report, Rogelio spent P1,378.00 representing gas, food, toll fee and driver expenses.

Q56: What other expenses if any did Rogelio incur?

A: Rogelio had engage the services of counsel, the Mendoza and Richards Law Offices, sir, to pursue legal action against Arinoli, sir.

Q57: How much did Rogelio spend for the engagement of the Mendoza & Richards Law Offices?

A: Rogelio had so paid P100, 000.00 as acceptance fee and undertook to pay P2, 500. For every hearing, sir.

Q58: Why was it necessary to engage the services of a lawyer?

A: Rogelio was constrained to engage the services of a lawyer because Rogelio had no choice but to file a criminal case against Arinoli when he refused to pay Rogelio for the amount he received plus interest totalling P4, 243, 600.00.

Q59: Why did you say that Rogelio had no choice but to file a criminal case against Arinoli?

A: Rogelio had to file a criminal case against Arinoli because he defrauded the company. The loan would not have been granted to Arinoli had he not issued those checks. It turned out later that the checks were worthless checks with the forged signatures. The approval of the loan depended on the issuance of the checks by Arinoli. He clearly deceived us through his fraudulent representation that had a bank account but he actually forged his sister’s signature and the said checks were eventually dishonoured.

Q60: Exhibits “A” to “Q” with sub-markings will be attached to your Judicial Affidavit. Do you confirm this?

A: Yes, sir.

Q61: Do you warrant that the copy or reproduction of the said Exhibits attached to your judicial affidavit are faithfully copies or reproductions of the originals?

A: Yes, sir.

Q62: Are you willing to sign and attest to the truth of all the foregoing statements in this Judicial Affidavit to the best of your knowledge and ability?

A: Yes, I do.

IN WITNESS WHEREOF, affiant has hereunto affixed his signature this date ___________________ at Muntinlupa City, Philippines.

DUHRIZZ MAINE AMAESHOWAffiant

SUBSCRIBED AND SWORN to before me in the City of Angeles this date_____________________ by DUHRIZZ MAINE AMAESHOW, who personally known to me, and who is the same person who personally signed before me the foregoing Judicial Affidavit and acknowledged that

She executed the same.

Doc. No. NICOMAINE C. MENDOZAPage No. Notary Public - Muntinlupa CityBook. No. Until 31 December 2015Series of 2015 Notartial Commission No. 2013-423

PTR No. AC-0123456 / 1-07-15 / ACIBP No. 123000 / 07-15/Roll of Attorneys No. 32123MCLE No. IV-0008151; 08-2-12Madrigal Commercial Complex, National Highway,

Alabang, Muntinlupa City

ATTESTATION

I, NICOMAINE MENDOZA, with office address at Unit 321, Madrigal Commercial Complex, National Highway, Alabang, Muntinlupa City hereby attest under oath that:

1. I had faithfully recoreded or casused to be recorded the questions I had asked affiant Duhrizz Maine Amaeshow and the corresponding answers that she gave in her Judicial Affidavit.

2. Neither I nor any other person then present or assisting me coached the witness regarding the latter’s answers.

Done this date __________________at Muntinlupa City, Philippines.

NICOMAINE C. MENDOZA

SUBSCRIBED AND SWORN to before this date ___________________________ at Muntinlupa City by NICOMAINE C. MENDOZA who is personally known to me, that she is the same person who is personally known to me, that she is the same person who personally signed the foregoing Attestation and acknowledged that she executed the same.

Doc. No.Page No.Book No.Series of 2015