That in or about the period comprised between January 10, 1992 and March 25, 1992 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 then and
there wilfully, unlawfully and feloniously defraud NELSON TAMARES Y VERANGA in the
following manner, to wit: the said accused, by means of false manifestations and fraudulent
representations which they made to said Nelson Tamares y Veranga to the effect that the power
and capacity to recruit and employ him as a contract worker in Macao 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, induced and succeeded in inducing said Nelson
Tamares y Veranga to give and deliver, as in fact they gave and delivered to said accused the
amount of P18,680.00/ and $1,200.00 on the strength of said manifestations and representations,
said accused well knowing that the same were false and fraudulent and were made solely to
obtain as in fact they did obtain the amount of P18,680.00/and $1,200.00 which amount once in
their possession, with intent to defraud, they wilfully, unlawfully and feloniously
misappropriated, misapplied and converted to their own personal use and benefit, to the damage
and prejudice of said Nelson Tamares y Veranga in the aforesaid amount of P18,680.00 and
$1,200.00 or its equivalent in Philippine currency.
Contrary to law.iii[3]
In Criminal Case No. 92-105277, it was alleged
That in or about the period comprised between May 1, 1991 and March 25, 1992 in the City of
Manila, Philippines, the said accused conspiring and confederating with others whose true
names, real identities and present whereabouts are still unknown and helping one another did
then and there wilfully, unlawfully and feloniously defraud JIMMY ELEP Y ASIS in the
following manner, to wit: the said accused, by means of false manifestations and fraudulent
representation which they made to said Jimmy Elep y Asis to the effect that they had the power
and capacity to recruit and employ him as contract worker in Macao, China 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, induced and succeeded in inducing said Jimmy
Elep y Asis to give and deliver, as in fact gave and delivered to said accused the amount of
P61,000.00 on the strength of said manifestations and representations, said accused well
knowing that the same were false and fraudulent and was made solely to obtain, as in fact they
did obtain the amount of P61,000.00 which amount once in possession, with intent to defraud
they wilfully, unlawfully and feloniously misappropriated, misapplied and converted to their
own personal use and benefit to the damage and prejudice of said Jimmy Elep y Asis in the
aforesaid amount of P61,000.00, Philippine currency.
Contrary to law.iv[4]
As said indictments are founded on the same facts, the cases were tried jointly. On July 22, 1992,
accused-appellant Vicente Mercado entered a plea of not guilty to each of the charges,
whereupon trial commenced.