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