That in or about the period comprised between January 10, 1992 and March 25, 1992 in the City of Manila, Philippines, the said accused conspiring and confederating with others whose true names, identities and present whereabouts are still unknown and helping one another then and there wilfully, unlawfully and feloniously defraud NELSON TAMARES Y VERANGA in the following manner, to wit: the said accused, by means of false manifestations and fraudulent representations which they made to said Nelson Tamares y Veranga to the effect that the power and capacity to recruit and employ him as a contract worker in Macao and could facilitate the processing of the pertinent papers if given the necessary amount to meet the requirements thereof, and by means of other similar deceits, induced and succeeded in inducing said Nelson Tamares y Veranga to give and deliver, as in fact they gave and delivered to said accused the amount of P18,680.00/ and $1,200.00 on the strength of said manifestations and representations, said accused well knowing that the same were false and fraudulent and were made solely to obtain as in fact they did obtain the amount of P18,680.00/and $1,200.00 which amount once in their possession, with intent to defraud, they wilfully, unlawfully and feloniously misappropriated, misapplied and converted to their own personal use and benefit, to the damage and prejudice of said Nelson Tamares y Veranga in the aforesaid amount of P18,680.00 and $1,200.00 or its equivalent in Philippine currency. Contrary to law.iii[3] In Criminal Case No. 92-105277, it was alleged That in or about the period comprised between May 1, 1991 and March 25, 1992 in the City of Manila, Philippines, the said accused conspiring and confederating with others whose true names, real identities and present whereabouts are still unknown and helping one another did then and there wilfully, unlawfully and feloniously defraud JIMMY ELEP Y ASIS in the following manner, to wit: the said accused, by means of false manifestations and fraudulent representation which they made to said Jimmy Elep y Asis to the effect that they had the power and capacity to recruit and employ him as contract worker in Macao, China and could facilitate the processing of the pertinent papers if given the necessary amount to meet the requirements thereof, and by means of other similar deceits, induced and succeeded in inducing said Jimmy Elep y Asis to give and deliver, as in fact gave and delivered to said accused the amount of P61,000.00 on the strength of said manifestations and representations, said accused well knowing that the same were false and fraudulent and was made solely to obtain, as in fact they did obtain the amount of P61,000.00 which amount once in possession, with intent to defraud they wilfully, unlawfully and feloniously misappropriated, misapplied and converted to their own personal use and benefit to the damage and prejudice of said Jimmy Elep y Asis in the aforesaid amount of P61,000.00, Philippine currency. Contrary to law.iv[4] As said indictments are founded on the same facts, the cases were tried jointly. On July 22, 1992, accused-appellant Vicente Mercado entered a plea of not guilty to each of the charges, whereupon trial commenced.

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