Resolution - Estafa
May 19, 2022 | Author: Anonymous | Category: N/A
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Republic of the Philippines OFFICE OF THE CITY PROSECUTOR Marikina City
TERESITA D. LABADAN, Complainant, versus OSCAR MAGALLANES, et al., Respondents. xx
I.S. No. 020845 to 020847 For: ESTAFA/SWINDLING
RESOLUTION This resolves the complaint for Estafa filed against herein respondents. In his resolution dated May 8, 2002, 1 st Assistant City Prosecutor Nestor V. Gapuzan found probable cause to charge respondents of Estafa. He, however, excepted respondent Dahlia Chan as she was not afforded the right to preliminary investigation since she was not properly subpoenaned then. Hence, he recommended that further preliminary investigation be conducted with respect to Chan. Unfortunately, in the preliminary investigation conducted, Chan failed to appear nor did she submit any counteraffidavit. Likewise, the undersigned sent subpoena to her last known address for her to attend the scheduled preliminary investigation on September 23 and 30, 2005. Respondent again failed to appear and submit any counteraffidavit. Hence, this resolution based solely on complainant’s allegations. Complainant’s uncontroverted allegations clearly ascribes fraud and deceit employed by respondents upon her in luring her to a game of “black jack”. As pointed out by the investigating prosecutor, respondents, including Chan, defrauded complainant of her money amounting to P420,000.00, as follows: “1).
The bet money of respondent Mr. Tan was never counted before the start on the card game; 2.) Genuine money is used and not fictitious boodle money as what was recovered from Mr. Tan during the card game on 16 March 2002; 3.) Sleighof hands tricks and switching of cards were resorted to during the games of February 15, 2002 and on March 11, 2202, in the absence of complainant, resulting in complainant’s losing the card game despite obtaining a card number “21”; and 4.) respondent Jeffrey Arellano a.k.a. Reynaldo Chiao represented himself to be a legitimate employee of the Casino Filipino and who could help and aid complainant gain winning in the card game when in truth and in fact he is not in any way connected with the PAGCOR as per certification issued by the said entity.” (Resolution 08 May 2002, pa.3).
In addition, it was respondent Chan who initially befriended complainant, and in fact introduced her to the other respondents. Respondent Chan was even the one who proposed and convinced complainant to invest in the business of card game. Hence, she is much liable as the other respondents.
Resolution I.S. Nos. 020845 to 020847 Page 2
However, as an earlier case against the other respondents have already been filed, it is but proper that the Information already filed be amended to add respondent Dhalia Chan as an accused. WHEREFORE, it is respectfully recommended that respondent DAHLIA M. CHAN be indicted to Estafa under Article 315 par. 3 (b) of the Revised Penal Code and the corresponding Amended Information be filed. Marikina City, January 26, 2008. ORVEN K. ONTALAN 4 th Assistant City Prosecutor APPROVED:
JASON ANTONIO AMANTE City Prosecutor
Copy Furnished: Teresita Labanan No. 19 Dakota St., Concorde Vill. NIA Road, Parañaque City Oscar Magallanes No. 5 5 th St. Sto. Niño, Marikina City Reynaldo Chiao No. 2 dela Paz St., Antipolo City Dahlia Chan c/o Hagibis Pub House Marcos Hiway, Cainta Rizal
Republic of the Philippines REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION Marikina City Branch 193 PEOPLE OF THE PHILIPPINES,
CRIM. CASE NO. : 024452 MK (I.S. NO : 020815)
versus
for
JEFFREY ARELLANO a.k.a. REYNALDO CHIAO a.k.a. RAYMOND LICO, (no. 2 dela Paz St., Antipolo City)
Estafa as penalized under par. 3(b) of the Revised Penal Code
ORSCAR MAGALLANES (no. 5 5 th St., Sto. Niño, Marikina City) DAHLIA CHAN (c/o Hagibis Pub House, MarcosHiway Cainta Rizal) Accused. xx AMENDED INFORMATION The undersigned 4 th Assistant City Prosecutor accuses DAHLIA CHAN, JEFFREY ARELLANO a.k.a. REYNALDO CHIAO a.k.a RAYMOND LICO and OSCAR MAGALLANES of the crime of ESTAFA as penalized under par. 3(b) of the Revised penal Code committed as follows: That on or about the period of February 14, 2002, in the City of Marikina, Philippines, within the jurisdiction of the Honorable Court, accused Oscar Magallanes, Reynaldo Chiao and Dahlia Chan on three (3) occasions induce and convince complainant TERESITA LABADAN to play the game of black jack with accused alias Mr. Tan who is allegedly a wealthy Chinese national with accused Oscar Magallanes representing himself to be an employee of the Casino Filipino and he assured complainant that through his help, complainant will win the game against accused Mr. Tan, and believing the representations of accused Oscar Magallanes complainant engaged accused Mr. Tan, Gloria Chan, Oscar Magallanes and Reynaldo Chiao in the game of black jack, however the abovenamed accused conspiring and confederating and mutually helping one another, did then and there willfully, unlawfully and feloniously resort to fraudulent practice to insure the win of accused alias Mr. Tan in the gambling game as the bet money of accused alias Mr. Tan is fictitious boodle money and not genuine money: that sleighofthehands tricks and switching of cards was applied by the abovenamed accused when the game was temporarily suspended and the cards were sealed with a tape to allow complainant to withdraw some money, with complainant losing the games despite obtaining a winning number “21” and complainant was made to believe by the accused that he owes the bank a certain amount of money when complainant is not aware owing the bank any amount to the damage and prejudice of complainant in the total amount of P 440,000.00 CONTRARY TO LAW. Marikina City, January 26, 2008. ORVEN K. ONTALAN 4 th Assistant City Prosecutor APPROVED: JASON ANTONIO AMANTE City Prosecutor
Information Crim. Case No. 024452MK, I.S. No. 020815 Page 2
This is to certify that a preliminary investigation has been conducted in this case; that the accused was informed of the complaint and of the evidence submitted against him; that he was given the opportunity to submit controverting evidence; that based on the evidence presented, there is reasonable ground to believe that the crime has been committed and that the accused is probably guilty thereof.
ORVEN K. ONTALAN 4 th Assistant City Prosecutor
SUBSCRIBED AND SWORN to before me this____________in Marikina City.
Witnesses: 1. Teresita Labadan no. 19 Dakota St., Concorde Vill., NAIA Road, Parañaque City And Others.
BAIL RECOMMENDED : P40,000.00
Republic of the Philippines REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION City of Marikina Branch 193
PEOPLE OF THE PHILIPPINES, versus
CRIM. CASE NO. 024452 MK (I.S. NO. 020845)
DAHLIA M. CHAN, Accused. xx MOTION TO AMEND AND TO ADMIT AMENDED INFORMATION
The prosecution thru undersigned Public Prosecutor, in the aboveentitled case, and unto this honorable Court, most respectfully avers; 1.
An nformation for Estafa as penalized under par. 3(b) of the Revised Penal Code was filed against JEFFREY ARELLANO a.k.a. REYNALDO CHIAO, RAYMOND LICO and OSCAR MAGALLANES on May 8, 2002.
2. After a regular preliminary investigation being first conducted upon the person of DAHLIA M. CHAN who were atlarge during the inquest proceeding it was found out by the prosecution that probable cause exist to warrant his inclusion as coaccused in the aboveentitled case as he conspired and confederate with his coaccused in the commission of the crime of Theft. WHEREFORE, it is most respectfully prayed to this honorable Court that the Prosecution be granted to amend the Information and that Amended Information attached be admitted. Other reliefs just and equitable the premises are likewise prayed for. City of Marikina, January 26, 2008.
ORVEN K. ONTALAN 4 th Assistant City Prosecutor APPROVED:
JASON ANTONIO AMANTE City Prosecutor
N O T I C E
THE BRANCH CLERK OF COURT RTCBranch 168 Marikina City Please submit the foregoing Amended Information for the Court’s resolution without further arguments ORVEN K. ONTALAN 4 th Assistant City Prosecutor
E X P L A N A T I O N
Copy of the Motion to Amend Information was sent to the parties by mail due to lack of office personnel to the effect personal services.
ORVEN K. ONTALAN 4 Assistant City Prosecutor th
Copy Furnished: Teresita Labadan No. 19 Dakota St., Concorde Vill. NIA Road, Parañaque City Oscar Magallanes No. 5 5 th St. Sto. Niño, Marikina City Reynaldo Chiao No. 2 dela Paz St., Antipolo City Dahlia Chan c/o Hagibis Pub House Marcos Hiway, Cainta Rizal Angelo S. Flores Apitong St. Marikina Heights, Marikina City Celestina M. Marquez No. 27 East Drive cor. Dau St. Marikina City
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