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    Art. 315 Par. 1b

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    Angelica Fiel
    This document is a resolution from the Office of the City Prosecutor in Iloilo City regarding a complaint of estafa filed against Lilibeth Gumarang. [1] The complaint alleges that Gumarang received US dollar remittances from customers as an agent for the complainant's money changing business but failed to remit the full amount. [2] From December 2002 to February 2003, the complainant sent over 4.5 million pesos worth of remittances based on Gumarang's advises, but she only remitted around 57,000 USD and failed to remit over 30,000 USD worth of pesos. [3] Despite demands, Gumarang has failed to remit the

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    Art. 315 Par. 1b

    Uploaded by

    Angelica Fiel
    15 views2 pages
    This document is a resolution from the Office of the City Prosecutor in Iloilo City regarding a complaint of estafa filed against Lilibeth Gumarang. [1] The complaint alleges that Gumarang received US dollar remittances from customers as an agent for the complainant's money changing business but failed to remit the full amount. [2] From December 2002 to February 2003, the complainant sent over 4.5 million pesos worth of remittances based on Gumarang's advises, but she only remitted around 57,000 USD and failed to remit over 30,000 USD worth of pesos. [3] Despite demands, Gumarang has failed to remit the

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    This document is a resolution from the Office of the City Prosecutor in Iloilo City regarding a complaint of estafa filed against Lilibeth Gumarang. [1] The complaint alleges that Gumarang received US dollar remittances from customers as an agent for the complainant's money changing business but failed to remit the full amount. [2] From December 2002 to February 2003, the complainant sent over 4.5 million pesos worth of remittances based on Gumarang's advises, but she only remitted around 57,000 USD and failed to remit over 30,000 USD worth of pesos. [3] Despite demands, Gumarang has failed to remit the

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    15 views2 pages

    Art. 315 Par. 1b

    Uploaded by

    Angelica Fiel
    This document is a resolution from the Office of the City Prosecutor in Iloilo City regarding a complaint of estafa filed against Lilibeth Gumarang. [1] The complaint alleges that Gumarang received US dollar remittances from customers as an agent for the complainant's money changing business but failed to remit the full amount. [2] From December 2002 to February 2003, the complainant sent over 4.5 million pesos worth of remittances based on Gumarang's advises, but she only remitted around 57,000 USD and failed to remit over 30,000 USD worth of pesos. [3] Despite demands, Gumarang has failed to remit the

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
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    Republic of the Philippines

    DEPARTMENT OF JUSTICE
    National Prosecution Service
    OFFICE OF THE CITY PROSECUTOR
    Iloilo City

    NIPPON ILOILO MOTOR SALES/,


    ALEXANDER UY,
    Complainant, I.S. NO. 1853-03

    - versus – For:

    LILIBETH GUMARANG, ESTAFA


    Respondent.
    X--------------------------------------X

    RESOLUTION

    This is a complaint for Estafa filed by NIPPON ILOILO MOTOR SALES/,


    ALEXANDER UY against LILIBETH GUMARANG. The parties were issued subpoena
    to appear on July 24, 2003 for preliminary investigation, however subpoena to
    respondent was returned unserved with a note by the serving officer that “subject person
    no longer stayed/residing at the said given adrress”, hence, this case is hereby resolved
    on the basis of the unrefuted allegations of the complainant.

    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 December 5, 2002 up to February 19, 2003, complainant has sent to


    different beneficiaries per advise of the respondent a total of P4,559,100.50 or
    equivalent to $87,385.00 based on the $1=P52 rate of exchange. Of the amount of
    $87,385.00, respondent only remitted to the complainant the amount of $57,059.11,
    resulting to a balance of $30,325.89 or its peso equivalent of P1,576,946.20.

    Repeated demands where made on the respondent to remit the amount of


    of P1,576,946.20, but complainant’s demands where ignored and went unheeded. This
    constrained complainant to hire the services of counsel to protect his rights and interest.

    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.

    VICTORINO O. MANIBA, JR.


    Prosecutor I

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