6/9/2020 E-Library - Information At Your Fingertips: Printer Friendly fraudulent representations executed prior to or simultaneously with the commission of the fraud he made to the said complainant to the effect that he had the power and capacity to obtain a visa and other travel papers for abroad if given the necessary amount to meet the requirements therefor, including the service fee and by means of other deceits of similar import induced and succeeded in inducing the said complainant to give and deliver, as in fact, the latter gave and delivered to said accused the total amount of P12,636.00 Philippine Currency, on the strength of said manifestation and representation said accused knowing fully well that the same were false and fraudulent and were made only to obtain, as in fact, he obtained the aforementioned amount which one in possession with intent to defraud the said accused misapplied, misappropriated and converted to his personal use and benefits, to the damage and prejudice of said offended party in the total amount aforementioned and in such amount as may be awarded under the provisions of the New Civil Code.”[2] Criminal Case No. 90-13964 “That on or about the period comprised from February, 1989 to March, 1989 in Quezon City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, did then and there, willfully, unlawfully and feloniously defraud ARNULFO CAAMPUED y CAMBA in the following manner, to wit: the said accused by means of false manifestation and fraudulent representation executed prior to or simultaneously with the commission of the fraud he made to the said complainant to the effect that he had the power and capacity to obtain a visa and other travel papers for abroad if given the necessary amount to meet the requirements therefor, including the service fee and by means of other deceits of similar import induced and succeeded in inducing the said complainant to give and deliver, as in fact, the latter gave and delivered to said accused the total amount of P14,500.00 Philippine Currency, on the strength of said manifestation and representation said accused knowing fully well that the same were false and fraudulent and were made only to obtain, as in fact, he obtained the aforementioned amount which once in possession with intent to defraud the said accused misapplied, misappropriated and converted to his personal use and benefits, to the damage and prejudice of said offended party in the total amount aforementioned and in such amount as may be awarded under the provisions of the New Civil Code.”[3] At his arraignment, herein appellant pleaded not guilty to the charges, and the trial thereafter proceeded. The prosecution presented the three complainants in these three cases as witnesses. They testified to their recruitment which led to the filing of these cases against appellant. Complainant Ferdinand Tuazon testified that he met appellant in their house in the first week of February, 1989 through a certain Fred, a compadre of his father, Renato. Appellant was using the name Mr. Santiago, introducing himself as a Singaporean citizen, and was recruiting workers for Singapore. He invited the Tuazons to work in Singapore. Ferdinand Tuazon was asked by his father if he wanted to apply and he indicated his desire to apply as a janitor. He was told by appellant to prepare elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/34555 2/9

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