People vs Pabalan : 115350 : September 30, 1996 : J Regalado : Secon...
http://sc.judiciary.gov.ph/jurisprudence/1996/sept1996/115350.htm
P100,000.00, but said accused, once in possession of the same, with intent to defraud and deceive the
herein complainant, did then and there wilfully, unlawfully and feloniously misapply, misappropriate and
convert to his own personal use and benefit, despite demands made upon him to return the said amount of
P100,000.00 said accused failed and refused and still fails and refuses to do so, to the damage and
prejudice of the complainant in the aforementioned amount of P100,000.00.
Contrary to law.
Valenzuela, Metro Manila, August 18, 1993.
[3]
Criminal Case No. 3091-V-93
That sometime in the month of April, 1993 in Valenzuela, Metro Manila and within the jurisdiction of this
Honorable Court, the above-named accused, defrauded and deceived one MANUEL R. GARCIA, in the
following manner to wit: said accused, by means of false manifestations and fraudulent representation
which (he) made to the said complainant to the effect that he has the capacity and power to recruit and
employ complainant abroad and facilitate the necessary amount to meet the requirements thereof, knowing
said manifestations and representation to be false and fraudulent and w(e)re made only to induce said
complainant to give, as in fact, the latter did give and deliver to said accused cash money amounting to
P26,000.00 and $1,600.00, said accused failed and refused and still fails and refuses to do so, to the
damage and prejudice of the complainant in the aforementioned amount of P26,000.00 and $1,600.00.
Contrary to law.
Valenzuela, Metro Manila, August 18, 1993.
[4]
Criminal Case No. 3092-V-93
That sometime in the month of May, 1993 in Valenzuela, Metro Manila and within the jurisdiction of this
Honorable Court, the above-named accused, defrauded and deceived one HENRY LUCIANO y
PALLASIGUE, in the following manner to wit: said accused, by means of false manifestations and
fraudulent representation which (he) made to the said complainant to the effect that he has the capacity
and power to recruit and employ complainant abroad and facilitate the necessary amount to meet the
requirements thereof, knowing said manifestations and representation to be false and fraudulent and
w(e)re made only to induce said complainant to give, as in fact, the latter did give and deliver to said
accused cash money amounting to P100,000.00, but said accused, once in possession of the same, with
intent to defraud and deceive the herein complainant, did then and there wilfully, unlawfully and
feloniously misapply, misappropriate and convert to his own personal use and benefit, despite demands
made upon him to return the said amount of P100,000.00, said accused failed and refused and still fails
and refuses to do so, to the damage and prejudice of the complainant in the aforementioned amount of
P100,000.00.
Contrary to law.
Valenzuela, Metro Manila, August 18, 1993.
[5]
Upon arraignment, appellant pleaded not guilty to the offenses charged. As said indictments
are founded on the same facts, the cases were tried jointly. The prosecution presented the three
complainants in the criminal cases and they identified appellant as the person who perpetrated
the crimes of illegal recruitment and estafa against them.
According to June D. Barrera,
2 of 10
[6]
he met appellant on May 9, 1993 in Lacmit, Arayat,
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