Estafa Mabitasan 2 Joanne.docx

Republic of the Philippines

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La Trinidad, Benguet

)S.S.

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AFFIDAVIT of COMPLAINT I, JOANNE AGNAYA, assisted by the Public Attorney’s Office – La Trinidad District, Benguet, of legal age, Filipino, single, and a resident of Ma 167A Puguis, La Trinidad, Benguet, after having been duly sworn to in accordance with law, hereby depose and states that: 1. I am filing a criminal complaint against NOELA B. MABITASAN (NOELA for brevity), Filipino, and a resident at Lubas, La Trinidad, Benguet, where she can be served with summons and other processes of this Honorable Office, for Estafa, punishable under of Article 315 2(a) of the Revised Penal Code; 2. The facts of my complaint are as follows: a. In the morning of February 16, 2018, I received a call from Marissa Saltin (Marissa for brevity), saying that Noela, informed her of about 16 stalls available for lease in the parking lot of the public market at Km. 5, La Trinidiad, Benguet for the Strawberry Trade Fair Barangay Booth; b. On the same day, I and Marissa met with Noela at McDonald’s Tiongsan Mall Branch at Km. 4, La Trinidad, Benguet; c. It was there when she explained to me and Marissa, that her group won the bidding for organizing the stalls for the Strawberry Trade Fair Barangay Booth;

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d. She told me that I can get a booth/stall inside the parking area by paying the amount of seventy-five thousand and five hundred pesos (PhP 75, 500.00); e. She further explained that I can occupy the booth/stall I would choose from March 1, 2018 to May 23, 2018; f. She, however, cautioned me to pay already since there are other persons interested on the stalls so that she can reserve the same for me; g. She then showed me a sketch plan for the available stalls inside the parking lot and I chose one where she placed my name; h. At that point, she then asked for the payment; i. I agreed to pay with the belief on her representation that I can occupy the same exact booth inside the parking area that I chose, considering that the same would be the best stall for my food merchandise; j. I then initially gave her the amount of seventy thousand pesos (PhP 70,000.00), for which she issued a provisional receipt, where she indicated the balance of five thousand five hundred pesos (PhP 5, 500.00); A copy of this provisional receipt is attached hereto as Annex “A”; k. On February 19, 2018, I had Marrisa give the balance of five thousand five hundred pesos (PhP 5, 500.00) to Noela at the McDonald’s Tiongsan Mall Branch at Km. 4, La Trindiad, Benguet, and she again signed the provisional receipt she gave me before; 2|Page

l. On February 28, 2018, I inquired from Noela through text message if I can already start setting up the booth; m. She replied to Marissa that we have to wait since she is yet to get a copy of the Memorandum of Agreement with the Municipality of La Trinidad; n. The next day, I inquired again in the same manner and she replied that she had to make arrangements with one Bertha Elwas, whose group is co-organizing the trade fair, in setting up the booths; o. On March 2, 2018, I went to the parking lot again and saw that stalls have been set up by Elwas and I discovered that the booth supposedly assigned to me has been occupied by another person and that there are no more booths available inside the parking area; p. Noela then told me that I can occupy any of the booths outside the parking area but I told her I cannot do so because the fumes from vehicles passing that area would contaminate my food merchandise; q. Ultimately I told her that I paid for the booth she presented to me and marked with my name inside the parking area for the amount of seventy-five thousand and five hundred pesos (PhP 75, 500.00), and that she had to give me the same exact booth as we agreed on earlier; r. The next day, March 6, 2018, I demanded that she return the money I paid for the non-existing booth she promised and she replied making excuses as to when she would return my money;

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s. Realizing the loss of supposed income and the amount I tendered her for a non-existing booth, I met with Noela on May 16, 2018, and she signed a document acknowledging her misrepresentation on the booth she promised for the amount of seventy five thousand and five thousand pesos (PhP 75, 500.00). A copy of the document is hereto attached as Annex “B”. t. Even after repeated demands via text messages, Noela failed to return my money; 3. Thus, on August 30, 2018, I made a formal written demand for Noela to return my money within 5 calendar days, but she failed to heed the said demand; A copy of the demand letter is hereto attached as Annex “C”. 4. In a number of cases, the Supreme Court has held that: For the purpose of filing a criminal information, probable cause has been defined as such facts as are sufficient to engender a well-founded belief that a crime has been committed and that respondent is probably guilty thereof. Probable cause does not require an inquiry into whether there is sufficient evidence to procure a conviction. It is enough that it is believed that the act or omission complained of constitutes the offense charged. A finding of probable cause needs only to rest on evidence showing that, more likely than not, a crime has been committed by the suspects. It need not be based on clear and convincing evidence of guilt, not on evidence establishing guilt beyond reasonable doubt, and definitely not on evidence establishing absolute certainty of guilt. In determining probable cause, the average man weighs facts and circumstances without resorting to the calibrations of the 4|Page

rules of evidence of which he has no technical knowledge. He relies on common sense. What is determined is whether there is sufficient ground to engender a wellfounded belief that a crime has been committed, and that the accused is probably guilty thereof and should be held for trial. It does not require an inquiry as to whether there is sufficient evidence to secure a conviction.1 5. Thus, for an indictment for violation of Article 315 2(a) of the Revised Penal Code, it is enough that the Noela must be shown to have had: a. made a false pretense, fraudulent act or acted through fraudulent means; b. that such false pretense, fraudulent act or fraudulent means must be made or executed prior to or simultaneously with the commission of the fraud; c. I, the offended party, must have relied on the false pretense, fraudulent act, or fraudulent means, that is, I was induced to part with my money or property because of the false pretense, fraudulent act, or fraudulent means; and d. As a result thereof, I suffered damage. 6. The malicious intent of Noela could be seen when she made a misrepresentation of her authority that I could rent a specific stall within the parking area of the La Trinidad Public Market from March 1, 2018 to May 23, 2018, as marked in the sketch plan she herself made for the Strawberry Trade Fair Barangay Booth; 7. It was through her acts of assurances, albeit false pretenses, that the said booth within the parking lot was assigned to me that

Fenequito v. Vergara, 691 Phil. 335, 345-346 (2012) as cited in Belita et.al., vs. Sy et. al., G.R. No. 191087, June 29, 2016 1

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convinced me to part with my money in the total amount of seventy five thousand five hundred pesos (PhP 75, 500.00); 8. As a result of her misrepresentations, I suffered, among others, pecuniary losses in the form of the money I paid to Noela, as well as unrealized profit for the supposed selling of my food merchandise; 9. The act of deliberately misrepresenting to the undersigned that she had the necessary authority to assign specific stalls in the La Trinidad Public Market for the Strawberry Trade Fair Barangay Booth, and the act of collecting money from me, only to renege on the promise to turn over said booth and for failure to return the money collected from me, despite several demands, are clearly acts attributable to herein Respondent, Noella, and amount to estafa punishable under Article 315, paragraph 2(a), of the Revised Penal Code;

JOANNE AGNAYA Complainant-Affiant TIN 453716696000

With our assistance:

KATRINA GYNNE F. SANTIAGO Public Attorney’s Office-La Trinidad, Benguet

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SUBSCRIBED AND SWORN to before me this 7th day of September, 2018 at La Trinidad, Benguet. I hereby certify that I have examined the affiant and I am satisfied that the affiant understood the contents hereof and voluntarily executed this Complaint-Affidavit.

Administering Officer

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