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Complaint-affidavit-estafa
Corporate Law, Social Psychology (Metro Manila College)
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Republic of the
Philippines)
City of Tagaytay )
S.S.
COMPLAINT - AFFIDAVIT
I, __________________________, of legal age, Filipino, with residence
and postal address at _______________________________, after
having been duly sworn to in accordance with law, hereby
depose and state, that:
1. I am the complainant of this case for violation of
Article 315, paragraph 1(b) of the Revised Penal Code or
Swindling (Estafa) against _____________________.
2. This Complaint-Affidavit is being filed to charge the
following respondents:
JOSEPH SANCHEZ, is of legal age, Filipino with last
known address at _______________________________;
NINO SINSUAT, is of legal age, Filipino with last known
address at _______________________________;
ENGR. EDUARDO QUINTOS, is of legal age, Filipino
with last known address at _______________________________;
for the crime of ESTAFA WITH ABUSE OF CONFIDENCE
defined and punished under Article 315(1)(b) of the Revised
Penal Code, thus:
“Art. 315. Swindling (estafa). – Any person who shall
defraud another by any of the means mentioned herein
below shall be punished by:
xxx
provided that in the four cases mentioned, the fraud be
committed by any of the following means:
1. With unfaithfulness or abuse of confidence, namely:
xxx
(b) By misappropriating or converting, to the prejudice of
another, money, goods, or any other personal property
received by the offender in trust or on commission, or for
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administration, or under any other 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. xxx”
The facts antecedents to this complaint are as follows:
3. Sometime in July 2021, I met Joseph Sanchez and Nino
Sinsuat from a friend of a friend. They introduced themselves
that they are constructing houses. Thereafter, I showed to them
the house I drawn and further informed them that my budget for
the house is Php4,000,000.00.
4. On the following day, Joseph and Nino introduced to
me Engr. Eduardo Quintos, that he has a Philippine Contractors
Accredited Board (PCAB) License and a contractor to many
projects. During the meeting they compute the rough estimates
and asked me if how much is my budget and told him that my
budget is Php4,000,000.00 only.
5. After some time, when they returned, a revised
computation was showed to me with minor changes on the
details on the finishing, which they even called it as “toned
down finishing”. Thereafter, I told them to give me some time
and which I tried to compare to other based on their
computation, which turned out a bit pricey than their offer.
Joseph that time even correct and called it “value engineering”
as they will make ends meet with the budget.
6. Since their offer is preferable than the other, I ask
them on how I will pay them. Thereafter, Aldrin showed to me
the progress billing and told me that I will pay the down
payment and told me that they will send a report and required
me to continuously pay until the project is done. I even asked
them what I If they leave me suddenly, they told me that Engr.
Quintos has PCAB and the retention fee will be their profit.
7. Joseph even told me that “rest assured na ang pera mo
ay dadalhin naming sa project”, and the remaining will be our
only profit.
8. Sometime in September 2021, a contract between me
and Engr. Quintos, together with Joseph Sanchez and Nino
Sinsuat as Contract Witnesses agreed on building my house
(structural and finishing) in the amount of Php4,000,000.00.
9. They gave me the estimation and drawing on the
outcome of the house and thereafter we agreed that the project
will be finish on the amount agreed in the span of nine (9)
months.
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10. They even gave me lists on how they will use the
money based on the agreed amount, Engr. Ed even showed to
me his PCAB License and because of that I trusted them
wholeheartedly.
11. We visited the site location at 510 Kaykulot Road,
Barangay Sungay, Tagaytay City, and there they measured and
agreed that the price they asked me was right and they can
start to work after I give the money.
12. On September 15, 2021, I was asked for a 40%
down payment amounting to 1,600,000.00 to start the house
and because of their convincing, I agreed to them to start the
very first residence of our family
13. They also charged 250,000.00 to go through the
building permit, documents, and draw the plan of the house
project and I responded to their demand because I don't have
time and I'm just an employee I don't hold my time.
14. They gave me the building permit and house
plan, but they said it was only partial just in case I want to
change something, the plan will be redone, and it is already
included in my payment of 250,000.00.
15. In October 2021, I begged that, if possible, to
enlarge my house, which my interlocutors gladly approved.
16. In November 2021, my interlocutors had a
meeting with me regarding my increasing the scope of work in
our house. According to them, not change the contract and
design because it is easy to negotiate, and I will just add money
to the contract worth 800,000.00 for my additional house size.
That same day I agreed to a total of 4,800,000.00 additional
total contract for my additional work.
17. I visited the site sometime in October 2021 and I
saw that there were not so many materials and I thought I gave
them a lot of money but the accomplishment that I see seems to
be of lacking.
18. I talked to the foreman of the site, Gerald Daiz
(Gerry) and he asked how I met Engr. Ed Quintos. He also asked
how much our contract for the project was, which I did not
answer. I asked the foreman how long he had been working for
Engr. Ed, and his answer was "it's been a long time, sir, about 8
years from being a mason to becoming a foreman".
19. On November 9, 2021, Engr. Ed, Joseph, and Nino
met with me to ask for an additional 30% worth 1,200,000.00
for the reason that it is necessary to stock materials before it
goes up. According to them, "Aldrin, just help us with this, you
got to build your house for cheap price, we will take the 30% so
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that before the materials go up, we can store without burdening
ourselves".
20. I gave their requested supplement of
1,200,000.00 that same day so the total I give is 2,800,000.00
21. The next day, before the salary (Saturday) the
foreman called to me and asked if I had given money to Engr.
Ed, I replied "Oo Gerry". He replied "Ok Sir because we've only
been asked to advances for 2 weeks". My answer was, “ha?
bakit Gerry? Php2, 800,000.00 na ang naibibigay ko bakit bali
lang kayo?” He said that our materials and payroll Sir here are
less than Php1,000,000. Then, I said how did you say that? "Sir, I
am the one who receives all the deliveries and I have all the
receipts, and then Engr Ed is angry with their rotten style, even
if we pay my wages, people are angry with me".
22. Then I thought deeply after finished talking with
the foreman, I was nervous that I didn't want to be fooled
because I was talking well.
23. Thereafter, I had a meeting with Engr. Ed, Joseph,
and Nino asking them how the project is going, then I said that I
talked to the foreman and told them about the delayed wages of
the worker and told them I have been paying them correctly,
then told them there is still a little work done but a lot money
has been released, the wages should not be short because you
have computed that. It is embarrassing because people will
think that I don't pay properly.
24. They assured me that everything was fine and
that I had nothing to worry about. Everything is on the right
schedule, they said. As it is their expertise, I trusted their
assurance to me.
25. On December 22, 2021, Joseph called me (he is
always the one who calls, to talk to Engr. Ed the most of the
time) they said, "Aldrin maybe you can give me 100,000.00?
that we are already short on wages of the worker because all
the materials have been used up and we have stocked up so
that the work will continue in January and so that the work will
speed up and we will finish in 6 months. We just fell short".
26. Since it is almost Christmas and it is my wife's
birthday, I don't want to release money, but my children's future
depends on it, so I borrowed money first just to give something
that day.
27. On December 22, 2021, I released 100,000.00
and the total money I released was 2,900,000.00.
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28. After the end of the new year there was not much
going on at the site, so I brought along a contractor I met. He
said that the money I was released was not worth the
accomplishment. The standing accomplishment is lacking. It
said that only 40% is finished based on the shape of the
structure. I only used this reference because I have full
confidence in my contractors.
29. On January 20, 2022, we had a meeting with my
contractors, and they are asking for 800,000 so that they can
continue and not to bother me. I also asked what percentage we
are in the structure, and they said that they are done with at
60% so we will ask for the money so that we can finish the
structure of the house.
30. They also asked for an additional 50,000 for water
and electricity and 50,000 for an emergency fund to be
deducted from the contract.
31. I made a list of our conversation and had Engr.
Ed sign it so he knows what they are saying but, in my mind, I
am scared because I feel like I am being cheated, but not to be
discouraged. They are decent people to talk to, but the 40%
completion that a contractor said is far from the 60% completion
they say. Then I become I'm nervous. After our talk, they signed
the paper we talked about and arranged what I should see in the
structure.
32. On January 20, 2022, I released Php900,000.00 to
them and my total release is Php3,800,000.00.
33. Engr Ed Quintos said that the Php4,800,000.00
will be divided into Php3,800,000 is structural, Php1,000,000 will
be used as finishing and we all agreed that is correct and that
should be followed.
34. I returned to the site after I finished giving them
the money, but I was surprised that the foreman's workers are
still short of with their wages. That time I got nervous that they
might have run away with my money.
35. I filed my resignation as a police officer because I
am afraid that if I do not guard my house under construction.
They already got Php3,800,000.00 but the structure I expected
is not even standing yet.
36. On March 19, 2022, they asked for Php50,000
because they said they needed to lower the pipes.
37. On March 21, 2022, they asked for Php50,000
because they will pay for water and electricity.
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38. On March 31, 2022, they asked for an additional
Php50,000 and they said if they can paint the ceiling so another
additional Php50,000.
39. They also asked for a ceiling and electrical in the
amount of Php35,000. They also asked for the wages of Gerry in
the amount of Php15,000.
40. On April 6, 2022, they made a cash advance of
Php85,000 because it will be used for the payment of water and
electricity again and for 3 weeks it was said that the foreman's
people were on delayed wages and so there was a delay in work
because there is no material on the site.
41. I asked why worker's wages were delayed but
Engr. Ed's answered that his partners Joseph and Nino had a
problem. That's why he himself is asking for understanding of
what is happening and hoping that Gerry will get paid first and
not to worry because they will finish their project with me.
42. On April 13, 2022, they asked me for Php5,000 as
advances for the worker but then there are no materials on the
site.
43. On April 19, 2022, they asked me again for
another Php5,000 as advances for the worker but then again
there are no materials on the site.
44. Engr. Ed and I talked again about the big problem
happening with the sudden slowing down of the progress of the
work. It came from himself that Joseph and Nino used my money
worth Php500,000 and they haven't been able to release it yet,
that is why they are taking advances from me.
45. At that time, the money I was able to release was
Php4,145,000 which is 86% of the contract but their actual
accomplishment according to Engr. Ed and foreman Gerry is less
than 70%. This is contrary to what they had promised that the
structural phase of the construction was finished at a cost of
3,800,000. They are getting too much money from me.
46. I said to Engr. Ed, what should be done to correct
it? He said that me that I should release the Php500,000 that
Joseph and Nino they borrowed before to finish your structure.
That's your money, aka your payment, they handed it to the
chairman at Starbucks. I was there aldrin, I saw who they paid.
47. On May 3, 2022, we had a meeting with Engr. Ed,
Joseph, and Nino at the site. There I expressed to them my
displeasure and disappointment with what they did, which
Joseph vehemently denied. He showed me the computation of
the money he had, amounting to Php400,000 emergency fund
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and the computations on how he is slowly using it up on the
project site.
48. He put a lot there that foreman Gerry and I just
laughed because there were no materials for 3 weeks, but he
still said there that he had materials that were delivered to the
site. Even when paying for water and electricity, he put it in the
calculation while they always asked me for more payment on
water and electricity.
49. The fraud has covered everything because I have
complete copy of the receipts, and since then I don't leave the
site anymore, there I saw the daily work and arrivals of
materials on the site.
50. On May 3, 2022, they promised me that for
Php250,000, everything we agreed on will be fully completed. In
front of the workers, the foreman, and my wife, I paid
Php150,000 as advance payment because I was afraid of them.
After all the pain in my head and emotions I agreed.
51. But I said, I need to see the Php500,000 as
mentioned by Engr Ed because the budget for finishing is
insufficient. Then they said yes.
52. What I paid Php150,000 is continuing with the
work they left behind which is 1-80% completion of my house.
53. On May 27, 2022, Engr. Ed went to get the
remaining Php100,000 of the Php250,000 to finish the entire
structure, plastering, driveway, tiles setting, cistern tank, septic
tank, partition, waterproofing, cr, basement, etc (listed in the
letter ed's hand).
54. In total, the amount of money they are getting
from me is Php4,395,000.00.
55. Entering June 2022, I visited the site and almost
nothing has changed. No materials either on the site. The
foreman said that they only had 2 weeks of full salary. Their 3rd
week is just a fracture and that the delivered materials are only
worth Php90,000.
56. As a matter of fact, the materials are running out
but not much has been done and the site still has a lot of work
to do. I had a meeting with Engr. Ed, Joseph, and Nino about
what happened. And in our meeting, they blamed the foreman
of the site.
57. And around the middle of June, they fired the
foreman and their workers and replaced them with a new one.
The new foreman and worker performed well but the old
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problem returned after the first week ended, the contractors do
not send materials, nor do they pay people.
58. Since September 2021 I discovered that they
haven't paid for water and electricity because my neighbor
charged me on it. Attached herewith is the copy of the receipt
as “Annex __”.
59. I felt really left out. They came back to visit and
see the development of my site and charged me for the
additional which I paid in full.
60. As of this November, my cost is Php300,000
because I am the one doing the work and sloppy work they are
left behind. They are also not returning the excess of what they
got from our contract of Php595,000.00. I spend a total of
895,000.00 just to finish the obligation they left to me.
61. I messaged them but sometimes I was seen or
ignored by them.
62. It rains in Tagaytay, and my ceiling and walls are
always leaking, I have no other means to other expenses and
the contractors of my house no longer respond to me. Every
time I ask for the payment, they tell me who I should charge.
They all came into my life and took my money, but then they
are pointing out one another whom who should pay.
63. The collective and concerted acts of the
respondents, thru connivance, conspiracy and mutually helping
one another with intent to gain, constitute the crime of ESTAFA
under Article 315 paragraph 1(b) of the Revised Penal Code.
64. Further, 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.
65. The act complained of in the instant case is
penalized under Article 315, paragraph 1(b) of the RPC, wherein
it is committed by misappropriating or converting, to the
prejudice of another, money goods, or any other personal
property 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, even though
such obligation be totally or partially guaranteed by a bond; or
by denying having received such money, goods, or other
property.
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66. The elements of estafa by means of abuse of
confidence are the following, viz.:(a) That the money, goods or
other personal property be 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; (c) That such misappropriation or conversion or
denial is to the prejudice of another; and (d) That there is a
demand made by the offended party to the offender.
67. In the instant case, all the foregoing elements are
present.
68. Considering the foregoing, I am filing this affidavit to
support my complaint and respectfully prays that respondents
JOSEPH SANCHEZ, NINO SINSUAT and ENGR. EDUARDO
QUINTOS for violation of Article 315 paragraph 1(b) of the
Revised Penal Code and for whatever legal purposes that this
may serve.
In witness whereof, I hereby set my hand this
December 5, 2022, in Tagaytay City, Philippines.
___________________
Complainant - Affiant
I.D. No._ _ _ _ _ _ _ _
SUBSCRIBED AND SWORN to before me this 5thth day
of December 2022 in the City of Tagaytay, Cavite, 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.
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