Republic of the Philippines

National Prosecution Service

Department of Justice
OFFICE OF THE PROVINCIAL PROSECUTOR
Provincial Capitol, Cagayan de Oro City
DEXTER JARDENICO FACTURANAN
Complainant,

NPS NO. __________________

- versus -

For:

ESTAFA

RAMONITO CARCALLAS &

WILLAMOR M LAGAT,
Defendants.
x---------------------------------x
COMPLAINT AFFIDAVIT
THE UNDERSIGNED COMPLAINANT, under oath, respectfully alleges
that:
1.
COMPLAINANT Complainant is Mr. Dexter Jardenico Facturanan, of
legal age, married, Filipino and a resident of Zone 1, Igpit, Opol, Misamis
Oriental.
2.
RESPONDENTS Respondents are Mr. Ramonito Carcallas and Willamor
M Lagat, both of legal ages, Filipinos, singles and residents of Block 24, Lot 27,
PNRS-II Zone 9, Barra, Opol, Misamis Oriental, where they may be served with
summons and notices.
3.
NATURE OF THE CRIMINAL COMPLAINT - This is a criminal complaint
for ESTAFA involving the sum of Philippine Peso: Three Hundred Six Thousand
Eight Hundred (Php 306,800.00) which was disposed of by Complainant due to
the deceptive and fraudulent machinations of both Respondents to dupe
Complainant into a frivolous sale involving the house and lot owned by
Respondents, and without said deceit and fraud, Complainant would not have
imparted / disposed of his money, to his prejudice and damage.
4.
Complainant shall testify on other material and relevant matters pertaining
to the case and shall identify pertinent documents
LEGENDS: Q= Question propounded by Atty. Cancio Nicanor Guibone
A= Answer of Complainant Mr. Dexter J. Facturanan
Q
A

Do you swear to tell the truth and nothing but the truth?
Yes sir.

Are you the same Mr. Dexter Facturanan, the complainant in this case for
estafa?
Yes sir.

Q
A

What is your profession / work?

I am an employee of Mazda Cagayan de Oro, assigned as Service
Advisor. I am a graduate of Automotive Engineering Technology from
Mindanao University of Science and Technology (MUST), Lapasan,
Cagayan de Oro City.

Q
A

How did you know defendants in this case?

I know them only through a referral. I did not know them personally until
they negotiated with me for the house and lot; only to find out now that the
alleged sale was a deceit and fraud.

Q
A

How did you and the Respondents met?

Sometime in the last week of January 2015, my brother-in-law Ralph Rigor
Gatabon called me that he saw a house and lot for sale as posted at
OLX or Ayos Dito Website. Then me and Ralph went to the location at
B24 Lot27 Johndorf Subd, Barra, Opol, Misamis Oriental and we met
Respondents Ramonito Carcallas and Willamor Lagat.

What transpired when you met Respondents on the last week of January
2015?
Me and Ralph inspected the house and lot as posted in the OLX. Then
Respondents offered the house and lot for Philippine Peso: One Miliion
Eight Hundred Thousand (Php 1,800,000.00) in cash. I immediately told
Respondents that I do not have that amount of cash, but I have a cash for
downpayment in the amount of Philippine Peso: Two Hundred Thousand
(Php 200,000.00). I also asked for the papers and documents of the house
and lot, including the tax declaration, title, blue print, sketch plan, and
deed of sale (from the original owner to Respondents.) I told them that the
title of the house and lot is not in their own name but still in the name of
the original owner.

Q
A

What was the response of Respondents?

Respondents talked among themselves, and then in a while told me that
they were amenable to a lowered amount of Philippine Peso: One Million
Six Hundred (Php 1,600,000.00), but with a cash downpayment of
Philippine Peso: Three Hundred Thousand (Php 300,000.00). They told
me also that some other people were interested to buy the house and lot,
and in order for me to be assured that they would not sell the property to
somebody else, they would need an earnest money, which would
eventually be included as downpayment should the sale push through.

Q
A

What was the amount of the earnest money offered?

Philippine Peso: Fifty Thousand (Php 50,000.00).

What was your reaction to the offered earnest money and the lowered
offer of Respondents?
Me and my wife talked over the phone, and then I told Respondents that
we were amenable to the payment of earnest money of Php 50,000.00
and the total amount of downpayment at Php 300,000.00. Respondents
told me that in the next meeting, the earnest money must be paid already,
and I agreed accordingly. And I emphatically told Respondents that I shall
buy the house and lot only when the title to it shall have been transferred
already to Ramonito Carcallas name.

Q
A

What was the reply of Respondents when you told them that you shall
only buy the property when it shall be in the name of Ramonito Carcallas
already?
Respondents Ramonito and Willamor answered that the total amount of
downpayment of Php 300,000.00 is precisely required by them from me so
as to process and transfer the needed papers and documents of the
house and lot from the original owner to Ramonito Carcallas.
Respondents told me that part of the downpayment shall be used to
transfer title from the original owner to Ramonito, which Respondents
promised to be finished within three (3) months. Respondents further
promised that should the title be already transferred in the name of
Ramonito, said title shall be given to me together with a special power of
attorney (SPA) in my favor so that I can use said title of the house and lot
for loan with Pag-ibig to help complete the payment of Php 1,600,000.00
as total consideration of the alleged sale. With this promise of swift
transfer of title within three (3) months, I readily accepted the terms of the
alleged sale.

Q
A

After this agreement, what happened to the transaction?

On 5 February 2015, I went to the house of Respondents in Johndorf
Subd, Barra, Opol, Misamis Oriental and accordingly paid the earnest
money of Php 50,000.00 cash. Attached hereto is the acknowledgment
receipt dated 5 February 2015 and marked as Annex A.

Q
A

After the payment of earnest money of Php 50,000.00, what happened?

Respondents asked when would be the next payment date of the balance
of Php 250,000.00 to complete the downpayment of Php 300,000.00. I told
them that within the next two (2) weeks because I will confer with my wife.

Q
A

When did the next payment occurred?

On 21 February 2015, acting in accordance with our agreement, I
accordingly paid the balance of Php 250,000.00 to complete the full
downpayment of Php 300,000.00. Attached hereto is the acknowledgment
receipt in the total amount of Php 300,000.00 full downpayment dated 21
February 2015 and marked as Annex B.

Q
A

After paying the complete downpayment, what happened?

I was shocked when after Respondents received the total Php 300,000.00
cash downpayment, Ramonito told me that if they have some financial
problems, they shall ask financial help from me and shall be credited as
part of the payment. I frankly told Respondents that if that amount shall be
not big and available to me, I shall gladly comply. But if large enough and
not readily available, I shall frankly deny the request.

Did you follow-up the title and other documents of the house and lot from
Respondents and what happened?
Yes, every month. After the full downpayment on 21 February 2015, I
always texted and called both Respondents to monitor the processing of
the title from the original owner to that of Ramonito Carcallas.
Respondents would just say that the papers were still on process. I always
follow-up the title because I need that for the Pag-ibig loan to complete the
full payment to them.

How much addtional payments were made by you to Respondents before

the title in the name of Ramonito was finally finished?

I made another payment of Philippine Peso: Six Thousand Eight Hundred

(Php 6,800.00) on 5 June 2015. I then reiterated my demand for the title
and the SPA so that I can process the Pag-ibig loan to complete the
payment. Attached hereto is the acknowledgment receipt dated 5 June
2015 and marked as Annex C.

Besides the Php 6,800.00 additional payment, what were other demands
for additional payments made by Respondents?
Respondents made two (2) demands for additional payments. In turn, I
made demand for the turn-over of the title from Respondents to me so that
I can readily process and make complete payment to them of the balance.
Respondents demanded additional payments for, at one instance for Php
4,000.00 allegedly for tuition and electricty payment, and at another
instance for Php 100,000.00 allegedly for downpayment of their new lot. I
did not give in to their request because the title still had not been released
and its been past three (3) months already since I gave the full
downpayment of Php 300,000.00.

Q
A

Q
A

Q
A

When did the title of the house and lot already transferred in the name of
Ramonito Carcallas?
The title was eventually transferred into the name of Ramonito Carcallas
from the original owner and released to him sometime in the last week of
July 2015.
What happened after the title was transferred and released to Ramonito
Carcallas?
Respondent Carcallas told me that his title had already been released to
him and that he shall eventually give me the owners duplicate copy of the
title, and in the meantime he gave me the certified true copy of the title,
tax declaration, blue print, sketch plan, SPA authorizing me to transact
with Pag-ibig regarding the house and lot, and deed of sale.
When you got the needed papers and documents for the pag-ibig loan,
what did you do?
I immediately processed the loan with Pag-ibig so that I shall immediately
pay Respondents the full balance of the alleged sale.

Q
A

What was the action of Pag-ibig with your loan application?

The Pag-ibig loan application was accordingly approved. Attached hereto
is the Pag-ibig Notice of Approval dated 9 September 2015 duly countersigned by Respondent Ramonito Carcallas himself and marked as
Annexes D & D-1.

What was the last requiremet of Pag-ibig so that the proceeds of the
approved loan shall be released to you?
Pag-ibig required that the owners duplicate title in the name of Ramonito
Carcallas shall be surrendered to them as part of the mortgage
agreement.

Q
A

Was the owners duplicate title of Ramonito Carcallas given to you so that
you can give it to Pag-iig?
Ramonito Carcallas did not give me his owners duplicate title in deceit
and fraud, and in defiance and violation of our alleged agreement. In fact,
he told me that he needed additional Php 100,000.00 and that if I cannot
give him said amount, he shall lease his title to someody else who can
give him said amount. I replied to him that he cannot do that because that

is not what is agreed upon, and besides the balance in the full amount of
Php 1,293,200.00 shall be paid within just one (1) to two (2) weeks.
Q
A

Q
A

Q
A

Q
A

What happened why Ramonito Carcallas was not able to give you his
owners duplicate title of the house and lot that you bought?
Sometime in August 2015, Respondents Ramonito and Willamor
fraudulently, maliciously and deceptively made their owners duplicate title
as collateral for their loan with LYR Lending Corporation, Cagayan de Oro
City, amounting to only Philippine Peso: One Hundred Fifty Thousand
(Php 150,000.00).
How did you feel when you learned that Respondents mortgaged the title
to LYR Lending Corporation for only Php 150,000.00?
I felt devastated having been deceived, defrauded, and duped by
Respondents to impart with my money amounting to Php 306,800.00 upon
the fraudulent and deceitful scheme of alleged sale, and the empty
promises of a swift transfer of title and turn-over of said title from
Respondents to me. If only Respondents had not fraudulently employed
the scheme of alleged sale of the house and lot, and if only Respondents
had not fraudulently promised to turn-over the title from them to me to
secure a loan from Pag-ibig, I would not have imparted with my money
and entered into the malicious, fraudulent and deceitful scheme of alleged
sale with them.
Where is now the title of Respondent Ramonito Carcallas that he
promised to give to you?
It is with LYR Lending Corporation, for the measly amount of Php
150,000.00. It is crystal clear that he and Respondent Willamor has no
intention whatsoever to sell the house and lot to us because they chose
the Php 150,000.00 lease of his title over the balance of the alleged sale
at Php 1,293,200.00 that they can get from me. That by means of fraud
and deceit, Respondents obtained money from me and they planned that
after the title was transferred to their name from the original owner, they
will use said title to their own liking.
Upon knowledge of the deceit and fraud perpetrated by Respondents
upon you, what did you do?
On 19 September 2015, Mr. Antonio Balbutin Facturanan, my father,
appeared before the office of Philippine National Police (PNP) at Opol
Municipal Police Station and requested to put into record that I was
defrauded by Respondents. Attached hereto is the Extract Copy From
Police Blotter, with Blotter Entry No. 13042, dated 19 September 2015 and
marked as Annex E.

Q.
A

Aside from you fathers action, what was your action personally?
On 23 September 2015, I filed a complaint for estafa and collection of sum
of money at the Office of the Lupong Tagamapayapa in Barangay Barra,
Municipality of Opol, Misamis Oriental.

Q
A

What was the result of the estafa and collection complaint?

On 26 November 2015, there was an amicable settlement reached by us,
whereby it was agreed that Respondent Carcallas shall for a period of
three (3) months return the amount he and Respondent Willamor
fraudulently obtained from me amounting to Philippine Peso: Three
Hundred Six Thousand Eight Hundred (Php 306,800.00). Attached hereto

is the Amicable Settlement dated 26 November 2015 and marked as

Annex F.
Q
A

What happened to the agreement?

True to form, Respondents in fraud and in deceit never bothered to comply
with the agreement. They never had the intention to comply in the first
place. Attached hereto is the Certificate to File Action dated 24 February
2016 and marked as Annex G.
PRAYER

WHEREFORE, premises considered, it is respectfully prayed unto this

Honorable Office that after notice and hearing, Respondents be found probably
guilty of the criminal offense of estafa and other appropraite offenses, and an
information be filed against them, and made civilly liable for the prejudice and
damage brought unto Complainant, in the interest of justice and equity.
IN WITNESS THEREOF, I hereunto affix my hand and signature this
___________ 2016 in Cagayan de Oro City, Philippines.

DEXTER JARDENICO FACTURANAN

Complainant / Affiant
Drivers License No. K02-09-003587
SUBSCRIBED AND SWORN to before me this __________ 2016 in Cagayan de
Oro City. This is to further certify that I personally examined the Complainant and am
personally convinced that the same is his true and correct statements and made freely and
voluntarily.