Art. 315 Par. 1b
Art. 315 Par. 1b
Art. 315 Par. 1b
DEPARTMENT OF JUSTICE
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Iloilo City
- versus – For:
RESOLUTION
As culled from the record, complainant and respondent came to know each other
sometime on December 2002. Upon knowing that complainant is engaged in money
changing business, respondent offered herself as agent wherein she will
accept/received U.S. Dollar remittances from customers of MV Royal Princess where
she works and then send a remittance advise to Iloilo City, specifying the amount to be
remitted and the beneficiary. Complainant would then send to the beneficiary the peso
equivalent of the advise made by respondent. Thereafter, she will remit to the
complainant the U.S. dollar equivalent of the amount which complainant has sent to the
beneficiary.
From the foregoing, there is clear evidence that respondent indeed appropriated
and converted the amount of $57,059.11, $30,325.89 or its peso equivalent of
P1,576,946.20 to her own personal use and benefit. Her failure to account for the
money when required to do so and the fact that she no longer resides at the place where
she is residing raises the presumption that she made use of the money for her own
benefit. She is therefore, liable for the offense charge.
WHEREFORE, there being probable cause to hold respondent liable for the
offense charge, it is hereby recommended that an information for violation of Art. 315
1(b) of the Revised Penal Code be filed against her.
RESPECTFULLY SUBMITTED.
Iloilo City, July 15, 2003.