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The document is an information from state prosecutors accusing Gaudencio C. Maximo and Analiza A. Apolto of the crime of estafa under Article 315 (2) (a) of the Revised Penal Code. It alleges that on December 27, 2002 in Quezon City, the accused conspired as officers of Lead Lending Corporation to induce Hector T. Hipe and/or Jose S. Mozar to invest P100,000 by promising high interest, but then misappropriated the funds upon receiving them and failed to return the money despite demands. A preliminary investigation was conducted and found reasonable grounds to believe the offense was committed and the accused are probably guilty.
The document is an information from state prosecutors accusing Gaudencio C. Maximo and Analiza A. Apolto of the crime of estafa under Article 315 (2) (a) of the Revised Penal Code. It alleges that on December 27, 2002 in Quezon City, the accused conspired as officers of Lead Lending Corporation to induce Hector T. Hipe and/or Jose S. Mozar to invest P100,000 by promising high interest, but then misappropriated the funds upon receiving them and failed to return the money despite demands. A preliminary investigation was conducted and found reasonable grounds to believe the offense was committed and the accused are probably guilty.
The document is an information from state prosecutors accusing Gaudencio C. Maximo and Analiza A. Apolto of the crime of estafa under Article 315 (2) (a) of the Revised Penal Code. It alleges that on December 27, 2002 in Quezon City, the accused conspired as officers of Lead Lending Corporation to induce Hector T. Hipe and/or Jose S. Mozar to invest P100,000 by promising high interest, but then misappropriated the funds upon receiving them and failed to return the money despite demands. A preliminary investigation was conducted and found reasonable grounds to believe the offense was committed and the accused are probably guilty.
REGIONAL TRIAL COURT Branch __________, Quezon City
PEOPLE OF THE PHILIPPINES, Plaintiff, Crim. Case No. ______________ (I.S. No. 2005-716) For: Estafa under Article 315 -versus- (2) (a) of the Revised Penal Code
GAUDENCIO C. MAXIMO and ANALIZA A. APOLTO, (All At-large, #No. 1861 Evangelista Street, Brgy. Pio del Pilar Makati City) Accused. x---------------------------------------------x
I N F O R M A T I O N
Undersigned State Prosecutors of the Department of Justice, hereby accuse GAUDENCIO C. MAXIMO and ANALIZA A. APOLTO of the crime of estafa under Article 315 (2) (a) of the Revised Penal Code, committed as follows:
That on December 27, 2002, or on dates prior thereto, in Quezon City, and within the jurisdiction of this Honorable Court, the above named accused, being officers, employees and agents of Lead Lending Corporation (LEAD), conspiring, confederating and mutually helping one another, by means of false pretenses or fraudulent acts executed prior to, or simultaneously with, the fraud, such as representing that they have the power, qualification, property, credit and business to solicit and accept investments from the general public and by means of other deceits of similar import, did then and there, willfully, unlawfully and feloniously induce, lure and convince, HECTOR T. HIPE and/or JOSE S. MOZAR, with a promise of huge interest, to invest, give and deliver, as in fact the latter investment, gave and delivered to the said accused the total amount of ONE HUNDRED THOUSAND PESOS (P100, 000.00), but said accused once in possession of the amount, fraudulently misapply, misappropriated and converted the same, and despite repeated demands to return the said amount and promised interests thereon failed and refused and still fail and refused to return the same, to the damage and prejudice of HECTOR R. HIPE and/or JOSE S. MOZAR.
CONTRARY TO LAW.
Manila for Quezon City, November 12, 2007
PRIMO P. ALONZO, II HJALMAR M. QUINTANA JR. State Prosecutor State Prosecutor
APPROVED:
JOVENCITO R. ZUO Chief State Prosecutor
CERTIFICATION
I hereby certify that a preliminary investigation of this case have been conducted in accordance with law, that we have examined the complainant and its witnesses and on the basis of the sworn statements and other evidence presented, there is reasonable ground to believe that the offense charged have been comm9iteed and the accused are probably guilty thereof; that the accused were informed of the complaint and of evidence submitted against them; and that they were given an opportunity to submit their controverting evidence.
PRIMO P. ALONZO, II State Prosecutor
SUBSCRIBED AND SWORN to before me this _____ day of ____________ in the City of Manila.
WITNESSES:
1. Hector T. Hipe and/or Jose S. Mozar c/o Atty. Rico B. Bolongaita, 3264 Zapote St., Makati City 2. And others.