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REPUBLIC OF THE PHILIPPINES

Department of Justice
NATIONAL PROSECUTION SERVICE
OFFICE OF THE PROVINCIAL PROSECUTOR OF ILOILO
PROVINCE OF ILOILO

MA. TESSIE G. SUMAGAYSAY,


Complainant

-versus- FOR:

CYCLENE C. TALAMOR ESTAFA


Respondent

X----------------------------X

RESOLUTION

For Resolution is a case of Estafa filed by private complainant Ma.


Tessie G. Sumagaysay against the above-named respondent.

The parties were subpoenaed for the conduct of a Preliminary


Investigation. However, the respondent failed to appear.

Complainant avers that on September 16, 2015, as stated in the Trust


Receipt Agreement, respondent Cyclene C. Talamor received in trust, from
the private complainant Forty Two Thousand Pesos ( Php.42,000.00 ) cash for
the purchase of 2,625 kilos of dry and clean palay and to receive and store
said palay in TRUST for the private complainant and that she will deliver or
turn over the aforesaid kilos of palay on or before end of January 2016, less
her commission and/or overprice equivalent to five percent (5%) thereof or
its cash equivalent. In the event that aforesaid is not or partially utilize for
the purchase of palay as herein stipulated, respondent Cyclene C. Talamor
shall return the amount or the balance thereof to the private complainant
within five (5) days from the due date above-mentioned or upon demand.

On January 24, 2017, private complainant sent a formal demand to


respondent to settle her obligation stated in the Trust Receipt Agreement
within ten (10) days from receipt of the demand.

Private complainant have been prejudiced by the non-compliance of


respondent Cylene C. Talamor of the stipulation contained in the Trust
Receipt Agreement.

Will respondent be held liable and for what offense if any?

Article 315, subdivision 1, paragraph b of the Revised Penal Code


provides:

By misappropriating or converting to the prejudice of another, money,


goods, or any other personal property received by the offender in trust, or in
commission, or for administration, or any under obligation involving the duty
to make delivery of, or to return the same, even though such obligation be
totally or partially, guaranteed by a bond; or by denying having received
such money, goods, or other property.
What are the elements of Estafa with abuse of confidence,
under Article 315

a) That money, good, or other personal property is received by


the offender in trust or on commission or for administration or
under any other obligation involving the duty to make delivery of or
to return the same.
b) That there be misappropriation or conversion of such
money, or property by the offender or denial on his part of such
receipt; and
c) That such misappropriation or commission or denial is to
the prejudice of another;
d) That there is demand by the offended party to the offender.
(Aeyo vs. People, 555 Phil 106, (2007))

The words convert and misappropriate as used in Article 315,


connote an act of using or disposing of anothers property as if it were ones
own or of devoting it to a purpose or use different from that agreed upon.
To misappropriate a thing of value for ones own use or benefit , not
only the conversion to ones personal; advantage but also every attempt to
dispose of the property of another without a right. (Sy vs. People, G.R. No.
85785, 24 April 1989,)

Considering that the respondent failed to rebut the accusation lodged


against her, the undersigned believes that probable cause exist to indict the
respondent of the crime charged and should be held for trial.

WHEREFORE, it is most respectfully recommended that information for


Estafa under Article 315, RPC be filed against the respondent Cylene C.
Talamor before the Regional Trial Court of Iloilo.

RESPECTFULLY SUBMITTED
Iloilo City, Philippines, May 15, 2017

LEO V. GENOVA
Asst. Provincial Prosecutor
Iloilo Provincial Prosecutors Office
IBP No. 1021674/-03-2-16
ROLL No. 514-7
MCLE Compliance No. V-0005893
Issued on January 20, 2015

APPROVED:

MA. ELENA HOFILENA-GEROCHI


Provincial Prosecutor
IBP No. 419804
Roll No. 40492
MCLE Compliance No. V-0005895
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
6TH Judicial Region
Branch____
Iloilo City

PEOPLE OF THE PHILIPPINES, CRIM. CASE NO._________________

-versus- FOR

CYLENE C. TALAMOR, ESTAFA

Accused.
X---------------------------------------X (VIOL. OF ART. 315 Par. 1 (b), RPC)

INFORMATION

The Provincial Prosecutor of Iloilo through the undersigned accuses


CYLENE C. TALAMOR for the crime of Estafa ( Violation of Art. 315, Par. 1 (b),
RPC, committed as follows:

That on September 16, 2015 at Barangay Cagamutan Norte, Leganes,


Iloilo, Philippines and within the jurisdiction of this Honorable Court, the
above-named accused having received from Ma. Tessie G. Sumagaysay the
cash amounting Forty Two Thousand Pesos (Php 42,000.00) for the purchase
of 2,625 kilos of dry and clean palay on overprice as her commission and
with the obligation to deliver the said palay to the herein private complainant
or to return the cash money on or before end of January 2016 should she
cannot purchase the said palay; said accused far from complying with her
obligation, with breach of trust, did then and there misappropriate and
misapply to her personal use and benefit the subject sum of money and
despite demand made upon her, said accused failed and still fails to comply
with her obligation, to the damage and prejudice of complainant MA. TESSIE
G. SUMAGAYSAY in the aforesaid amount of P42, 000.00

CONTRARY TO LAW
Iloilo City, Philippines, May 15, 2017

LEO V. GENOVA
Asst. Provincial Prosecutor
Iloilo Provincial Prosecutors Office
IBP No. 1021674/-03-2-16
ROLL No. 514-7
MCLE Compliance No. V-0005893
Issued on January 20, 2015
Witnesses:

1. See complainant
2. Others

Accused at large: Warrant of arrest needed.


Address of the accused: Tagsing Buyo Elementary School, Sta. Barbra, Iloilo.

CERTIFICATION

I hereby certify that a preliminary investigation has been conducted by


me in accordance with the 2000 Rules of Criminal Procedure, as amended,
having examined the complainant and her witness; that on the basis of the
sworn statements submitted before me, there is reasonable ground to
believe that the crime charged has been committed and that the accused is
probably guilty thereof; that the accused was informed of the complaint and
of the evidence submitted against her; that she was given the opportunity to
submit controverting evidence and that the herein information is being filed
with the prior authority or approval of the Provincial Prosecutor.

LEO V. GENOVA
Asst. Provincial Prosecutor

SUBSCRIBED AND SWORN to before me this 15 th day of May 2017, in


the City of Iloilo, Philippines.