REPUBLIC OF THE PHILIPPINES OFFICE OF THE CITY PROSECUTOR NAGA CITY X x x, Complainant, I.S. No. _______ ESTAFA For:
Republic of the Philippines) ______________________) S.S x----------------------------------------x AFFIDAVIT - COMPLAI
Republic of the Philippines ) City of Bacolod ) S. S. x-----------------------------------x COMPLAINT AFFIDAVIT I,
REPUBLIC OF THE PHILIPPINES) QUEZON CITY ) S.S. x------------------------------------------------x COMPLAINT-AFFIDAVIT
Republic of the Philippines ) City of Bacolod ) S. S. x-----------------------------------x COMPLAINT AFFIDAVIT I,
REPUBLIC OF THE PHILIPPINES OFFICE OF THE CITY PROSECUTOR MANILA Manila Patrick Stephen Cua, Complainant, - versus - I.S
REPUBLIC OF THE PHILIPPINES) ) S.S. AFFIDAVIT-COMPLAINT I, ____________________, of legal age, Filipino, married with bu
Republic of the Philippines) City of Tagbilaran )S.S. COMPLAINT - AFFIDAVIT I, RACHEL CABALIT, of legal age, Filipino, single, with residence and postal address at Paradise II, Poblacion I, Tagbilaran City after having been duly sworn to in accordance with law do hereby depose and state, that 1. I am the complainant of this case for violation of Article 315, paragraph 2(a) of the Revised Penal Code or Swindling (Estafa) against Charlene Polinar. 2. The respondent of this case is Charlene Polinar, of legal age, Filipino, single, with residence and postal address at Poblacion I, Garcia Hernandez, Bohol, doing and doing business under the name of Bright Future Co.. 3. I am a Civil Engineer by profession and was previously working in BuildFast Inc. when I met Genesis Yarte, a workmate and a cousin of Charlene Polinar, from whom I knew that the latter was a member of a networking company. 4. On November 12, 2019, I, Genesis Yarte and Charlene Polinar met in Starbucks in Ayala, Cebu City wherein Charlene Polinar invited me to come to her office in 2/F, Bustrillos Building, Poblacion II, Tagbilaran City for a business opportunity meeting. 5. On November 14, 2019, I and my friend, Elvie Gutas, went to her office on the address stated above. Outside her office a tarpaulin was hanged stating “Bright Future Co.”. On the said meeting, Charlene Polinar encouraged me to invest a minimum of 50,000.00 and told me that she would be able to assist me and help me gain more income. She told me that she had already helped 20 people earn twice the amount of their investment within a month, 5 of which already had opened their own branch offices in a year. Also, she told me that the average income is 1,000,000.00 per year, with travel incentives and product freebies. On the last note, she told me to return on the following day should I make up my mind. 6. On the following day, November 17, 2019, Charlene Polinar called me thru the contact number I left her, advising me to take this once in a lifetime opportunity and even reminded me that opportunity knocks only once. She then asked me to send a completely filled up application form to [email protected] so that she could forward it to the head office.
7. Believing that there is no harm in trying and on the promises of Bright Future Co., I sent her my application form right after we finished talking. 8. On November 19, 2019, Charlene Polinar called me again and asked me to come to her office so that we could discuss the terms and conditions and to sign important papers. And so I did. 9. After the assurances of Charlene Polinar that the offer is legitimate and that she would take care of all the necessary documents, we agreed that I would deliver to him cash amounting to 50,000.00. She assured me that I was in safe hands and the whole amount of 50,000.00 would be for the investment that I will receive a copy of the membership certificate and a handbook once all the requirements will be submitted. 10. I was very elated at that time considering that I am now taking a big step towards the betterment of my future. After much consideration and consultation with my friend, Elvie Gutas, I prepared the cash amounting to 50,000.00. 11. On November 21, 2019, Charlene Polinar called me and informed me that I have to report to her office at 8:00 A.M. on November 22, 2019, telling me to bring my NSO Birth Certificate together with the cash. 12. On November 22, 2019 the 50,000.00 cash was received by Charlene Polinar and a receipt was issued for the said amount indicating the words, “For Investment”, a copy of such receipt is hereby attached as ANNEX “A”. 13. On November 30, 2019, I went to her office in 2/F, Bustrillos Building, Poblacion II, Tagbilaran City and was told by Charlene Polinar to wait for a week for the result of my membership application and that I would also be receiving my certificate in one-week time. 14. I was confident that everything will turn out fine so I waited for the call of Charlene Polinar on the following week. However, after two weeks, I haven’t heard anything from Charlene Polinar so I called her with the cellular number she had been using in calling me. This number could not be reached even after several attempts. 15. On December 12, 2019, I went to her office but I was told by the guard that Charlene Polinar was then on a Christmas vacation with her family.
16. On December 19, 2019, I returned to her office but it was still closed. 17. On December 23, 2019, I tried my luck and visited her office to no avail. 18. Right after Christmas, on December 26, 2019, I went again to her office but it was still closed. I decided to let the New Year pass by convincing myself that she would return after the yuletide season. 19. On January 3, 2020, I went again to her office, only to find out that the place was already offered for rent. On that same day, I and my friend, Elvie, decided to go to her house but was informed by the neighbors that Charlene Polinar does not live there anymore. 20. I proceeded to the Securities and Exchange Commission (SEC) and verified the registration of Bright Future Co.. The SEC informed me that it was not registered and gave a certification to the effect that the said agency does not have a valid license to operate in the first place. A copy of the said certification is hereby attached as ANNEX “B”. 21. These turn of events convinced me that Charlene Polinar is a fraud. On the strength of these circumstances, my family advised me to file a criminal complaint against Charlene Polinar. I am left with no recourse but to file this complaint. May the odds be ever in my favor. 22. Under Article 315, paragraph 2(a) of the Revised Penal Code the law punishes the act of one person defrauding another by means of false pretenses or fraudulent acts. Article 315, paragraph 2(a) of the Revised Penal Code defines estafa as: Art. 315. Swindling (estafa). - Any person who shall defraud another by any of the means mentioned hereinbelow x x x: xxxx 2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:
(a) By using a fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions; or by means of other similar deceits. 28. The Court said in the case of Rosita Sy v. People of the Philippines, G.R. No. 183879, April 14, 2010, there are three ways of committing estafa, viz.: (1) with unfaithfulness or abuse of confidence; (2) by means of false pretenses or fraudulent acts; or (3) through fraudulent means. The three ways of committing estafa may be reduced to two, i.e., (1) by means of abuse of confidence; or (2) by means of deceit. The act complained of in the instant case is penalized under Article 315, paragraph 2(a) of the RPC, wherein estafa is committed by any person who shall defraud another by false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud. It is committed by using fictitious name, or by pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits. The elements of estafa by means of deceit are the following, viz.: (a) that there must be a false pretense or fraudulent representation as to his power, influence, qualifications, property, credit, agency, business or imaginary transactions; (b) that such false pretense or fraudulent representation was made or executed prior to or simultaneously with the commission of the fraud; (c) that the offended party relied on the false pretense, fraudulent act, or fraudulent means and was induced to part with his money or property; and (d) that, as a result thereof, the offended party suffered damage. 23. In the instant case, all the foregoing elements are present. Charlene Polinar misrepresented and falsely pretended that he had the capacity to receive cash investments and falsely pretended that Bright Future Co. is a legally operating agency/business. The misrepresentation was made prior to Rachel Cabalit’s payment to Charlene Polinar of Fifty Thousand Pesos (P50,000.00). It was Charlene Polinar’s misrepresentation and false pretenses that induced Rachel Cabalit to part with her money.
24. On January 5, 2020, I called Genesis Yarte to ask about his cousin’s whereabouts but the latter claimed to have had no communication with Charlene Polinar since Christmas. 25. I have neither received any communication from Charlene Polinar ever since November 30, 2019, nor did she appear to have returned to her previous office. 26. I am filing this affidavit to support my complaint against Ms. Charlene Polinar for violation of Article 315 paragraph 2(a) of the Revised Penal Code and for whatever legal purposes that this may serve. In witness whereof, I hereby set my hand this February 18, 2020 in Tagbilaran City, Philippines. RACHEL CABALIT Complainant - Affiant SSS I.D. No. 12-3456789-0 SUBSCRIBED AND SWORN to before me this 18thth day of February 2020 in the City of Tagbilaran, Bohol, Philippines. Affiant showing to me her above-cited I.D. No. and I hereby certify that I have personally examined the Affiant and that I am satisfied that she voluntarily executed and fully understood the contents thereof.
