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well knew that such representations were false and made only to induce
complainant to part with [his] money as in fact complainant gave and
delivered the amount of P35,000.00 as partial payment to the accused; and
accused once in possession of the said amount, did then and there willfully,
unlawfully and feloniously misappropriate, misapply and convert the same to
her own personal use and benefit to the damage and prejudice of the said
complainant in the amount of P35,000.00.
Contrary to law.[6]
CRIM. CASE NO. 02-760
The undersigned Assistant City Prosecutor accuses ALELIE TOLENTINO of the
crime of Estafa under Art. 315 Par. 2(a) of the Revised Penal Code, as
amended, committed as follows: That on or about or sometime in the first
week of November, 2001 and thereafter, in the City of Muntinlupa,
Philippines and within the jurisdiction of this Honorable Court, the abovenamed accused conspiring and confederating with NARCISA SANTOS, and
both of them mutually helping and aiding one another, by means of deceit,
fraudulent acts and false pretenses executed prior to or simultaneously with
the commission of the fraud, did [then] and there willfully, unlawfully and
feloniously defraud one MARCELINO LEJOS, in the following manner:
accused represented to the said complainant that she could secure work for
the said complainant at Korea and she is capable of processing the travel
visa and other documents for [his] travel and employment at Korea and
demanded from the said complainant to pay the amount of P80,000.00 as
placement fee; accused well knew that such representations were false and
made only to induce complainant to part with [his] money as in fact
complainant gave and delivered the amount of P20,000.00 as partial
payment to the accused; and accused once in possession of the said
amount, did then and there willfully, unlawfully and feloniously
misappropriate, misapply and convert the same to her own personal use and
benefit to the damage and prejudice of the said complainant in the amount
of P20,000.00.
Contrary to law.[7]
Private complainants Orlando Layoso, Donna Magboo, Jimmy Lejos, and Marcelino
Lejos[8] alleged that sometime in the first week of November 2001, they had a meeting
with appellant Alelie Tolentino (appellant) in her office at the 3rd floor, Arevalo Building,
Alabang, Muntinlupa City. Appellant told them the procedure for overseas employment
and offered them assistance to find work abroad for a fee of P80,000. Appellant showed
them pictures of those she allegedly helped find work abroad and told them that they
would be earning $630 monthly as factory workers in Korea. When asked about her
license to recruit overseas workers, appellant told private complainants that she would
show it to them at some other time. On 14 November 2001, private complainants again
met with appellant at her office and each of them gave appellant P20,000 as partial
payment of the agreed fee, which included expenses for medical examination and
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4/19