5/19/2021
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February 2008.[11]
In Criminal Case No, 143747, private complainant Jill D. Grijaldo (Jill), who alleged that
accused-appellant fraudulently took from her P45,000.00 sometime in February 2008.
[12]
Two other Informations also for Estafa under paragraph 2(a) of Article 315 of the RPC
were also filed against accused-appellant in Criminal Case No. 143741 and 143746.
However, the RTC, in its Order[13] dated April 25, 2014 granted the Demurrer to
Evidence in Criminal Case Nos. 143741 and 143746. Thus, the RTC acquitted accusedappellant in Criminal Case Nos. 143741 and 143746.[14]
Version of the Prosecution
I. In Criminal Case Nos. 143740 and 143742
Purita R. Pineda (Purita), the mother and attorney-in-fact of Mabelle R. Pineda
(Mabelle), testified that on June 13, 2008, she and Mabelle went to Banco de Oro
(BDO), Ermita and deposited P60,000.00 in Account No. 1110117769 that is under
accused-appellant's name as placement fee for Mabelle's job application in Canada.[15]
Purita further testified that she and Mabelle went to JASIA International Manpower
Services (JASIA) office where they talked to accused-appellant. The accused-appellant
told Purita that she was going to Canada with her daughter and that it would not take
long before her daughter goes to Canada. Mabelle then told accused-appellant that
they already deposited the placement fee in accused-appellant's account.[16] While
accused-appellant confirmed that she received the amount, Mabelle was never
deployed to Canada and was not able to recover the amount she deposited despite
mediation efforts.[17]
II. In Criminal Case Nos. 143740 and 143743
Jovy testified that while he was in Riyadh, he came to know JASIA in various websites
stating that there were openings for housekeepers in Canada. He called the agency
regarding the job openings. Upon arriving in the Philippines, he met up with the
accused-appellant who then asked him to pay P60,000.00 as cash bond.[18] He
deposited the amount in accused-appellant's BDO account on June 27, 2008.[19]
Jovy narrated that a year later, accused-appellant informed him that the employment
contract and his Canadian visa had arrived. Accused-appellant then asked him to sign
the contract and pay CAD$150.00 as processing fee. However, accused-appellant did
not give him the original copy of the contract considering that the contract had to be
submitted to the Canadian Embassy for processing. Accused-appellant then told him to
wait within two weeks for a letter through the mails which would direct him to undergo
medical examination in an accredited clinic. However, three weeks passed without Jovy
receiving any letter.[20]
Jovy further testified that he found out from the Philippine Overseas Employment
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66373
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