CONTRARY TO LAW.xi[11] And in Criminal Case No. 93-129384 for Estafa That on or about March 19, 1993, 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 and then and there wilfully, unlawfully and feloniously defraud JOCELYNE DEVEZA Y GARCIA in the following manner, to wit: the said accused by means of false manifestations and fraudulent representations which he, she, they made to JOCELYNE DEVEZA Y GARCIA to the effect that they had the power and capacity to recruit and employ BENJAMIN G. FULGENCIO as factory worker for Taiwan 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, induce and succeeded in inducing said JOCELYNE DEVEZA Y GARCIA to give and deliver, as in fact she gave and delivered to said accused the amount of P15,000.00 on the strength of said manifestations and representations, said accused well knowing that the same are false and fraudulent and were made solely, to obtain, as in fact they did obtain the amount of P15,000.00, which amount once in their possession, with intent to defraud, wilfully, unlawfully an feloniously misappropriated, misapplied and converted to their own personal use and benefit, to the damage and prejudice of said JOCELYN DEVEZA Y GARCIA in the aforesaid amount of P15,000.00, Philippine Currency. CONTRARY TO LAW.xii[12] On January 17, 1994, with the accused entering negative pleas to all above accusations, upon arraignment with the assistance of counsel, trial ensued with the prosecution presenting Nestor Dizon, Edwin Ortiz, Lamberto Pinga, Benjamin Fulgencio, Jocelyn Deveza, Leonardo Brozo, Wesley Pajarillaga, and Roberto Perez as its witnesses. For the defense, the accused took the witness stand as the lone witness on his behalf. Testified on by the above-named witnesses and as summarized by the Solicitor General in the Appellees Brief, the version of the People runs as follows: I Complaint Nestor Dizon, xxx, is a kumpadre of William Ramos, brother-in-law of appellant Ernesto Borromeo (p. 2, TSN, February 7, 1994). In February 1993, William (or Willy) Ramos xxx introduced Dizon to appellant and his wife Elizabeth Ramos at Willys house (pp. 2&4, 15&16, TSN, Feb. 7, 1994). Willy Ramos informed Dizon that appellant and his wife were in need of people to work as factory worker in Taiwan (p. 2, TSN, ibid). Dizon then verified from Elizabeth Borromeo whether they really needed workers for Taiwan and she confirmed such information (p.2, TSN, ibid). Appellant also told Dizon that he can go to Taiwan but he has to wait for a while (p. 3, TSN, Feb. 7, 1994). Dizon immediately told appellant and his wife that he wanted to apply for the job as worker in a textile factory in Taiwan. The Borromeo couple told Dizon that as part of his job application, he should give the amount of P40,000.00 (p. 3, TSN, ibid.). They told Dizon that he can go to Taiwan sometime in April (1993) if he can give the

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