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Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR
Zamboanga City

RICHARD BELLA NPS DOCKET NO. IX_________


Complainant,

-for-
-versus-

ESTAFA UNDER ARTICLE 315,


PRIMERA MARIA, SEGUNDA OF THE REVISED PENAL
MARIA, and TRES MARIA CODE
Respondents.
X-----------------------------------------X

AFFIDAVIT-COMPLAINT

I, RICHARD BELLA, of legal age, Filipino citizen and with


residence and postal address at Pasonanca, Zamboanga City, after
having been duly sworn in accordance with law, hereby depose and
say, that:

1. I am filing this instant Complaint for Estafa, defined and


penalized under Article 315 of the Revised Penal Code against
PRIMERA MARIA, SEGUNDA MARIA and TRES MARIA, all of legal
age, Filipino Citizens, and with residence and postal address at Zone
II, Pasobolong, Zamboanga City, for having acted with unfaithfulness
and abuse of confidence, by using fictitious name, or falsely
pretending to possess power, influence, qualifications, property,
credit, agency, business or imaginary transactions, or by means of
other similar deceits, or under any obligation involving the duty to
make delivery by virtue of a Contract to Buy and Sell between the two
parties, to the great damage and prejudice of RICHARD BELLA.

2. I am the purchaser of the parcels of land located at Barangay


Culianan, Zamboanga City, covered by Transfer Certificate of Title
No. T-156,883, Transfer Certificate of Title No T-157,883, Transfer
Certificate of Title No. T-156,888, containing a total area of Three
Thousand Ninety Five Square Meters (3,095 sq.m) by virtue of a
Contract to Buy and Sell Parcel of Land with Authority to Enter and
Develop executed on 03 July 2018. Machine copy of the Contract to
Buy and Sell Parcel of Land with Authority to Enter and Develop
executed on 03 July 2018 and titles Transfer Certificate of Title No. T-
157,883, Transfer Certificate of Title No. T-156,888 and are hereto
attached as Annexes “A”, “B”, “C” and “D”, respectively.

3. The acts or omissions of PRIMERA MARIA, SEGUNDA


MARIA and TRES MARIA constituting the offense of Estafa as afore-
cited are committed as follows:

3.1. Respondents PRIMERA MARIA, SEGUNDA MARIA and


TRES MARIA are the sellers of the aforementioned parcels of land
under the Contract to Buy and Sell with the primary obligation of
signing and executing a Deed of Absolute Sale including the
execution and/or delivery of any and all documents, including but not
limited to the original copy/owner’s duplicate of Transfer Certificate of
Title, Tax Declaration and all other documents necessary for the
transfer of ownership from the Vendor to the Vendee upon full
payment.

3.2. Notwithstanding the full payment made on the total amount


of the purchase price of the lots and repeated demands by
RICHARD BELLA, Respondents PRIMERA MARIA, SEGUNDA
MARIA and TRES MARIA failed and refused and continued to fail
and refuse to issue and execute all the documents necessary to
transfer ownership. Machine copies of the Acknowledgment Receipts
are hereto attached as Annex “E” to “E-11”.

4. Subsequently, it was found that SENYOR MARIA whose


name appears on the Title of the lands subject to the Contract to Buy
and Sell, and one of those who allegedly executed the Contract has
already passed away on 14 February 2016 or before the execution of
the contract which was on 03 July 2017 as shown by his Death
Certificate herein attached as Annex “F”.

5. Respondents, acting with deceit, false pretense, fraudulent


representation, and by using fictitious name, or falsely pretending to
possess power, influence, qualifications, property, credit, agency,
business or imaginary transactions, or by means of other similar
deceits or by inducing another, by means of deceit, to sign document
and surreptitiously excluded the aforementioned information that
during the execution of the Contract to Buy and Sell, SENYOR
MARIA has already passed away.

5.1. It was only recently found out by Complainant that one of


the titles under TCT No. T-156,888 (Annex D), consisting of 414
square meters was a ROAD LOT and therefore cannot be the subject
for sale or cannot be disposed by respondents.
6. Were it not for the deceit, false pretense, and fraudulent
representation by respondents or if was known that the lots were still
titled under the name of the deceased SENYOR MARIA, RICHARD
BELLA would not have parted with his money or would have not
agreed to the Contract to Buy and Sell the disputed lots, and would
have avoided prejudice and damage on his (BELLA) part.

7. Despite the repeated demands made by RICHARD BELLA,


he received a demand letter from Respondent PRIMERA MARIA,
dated 20 August 2018, which Complainant also replied the said letter,
dated 28 August 2018. Complainant attempted to settle the matter
with the Punong Barangay which issued a Certification to File Action,
dated 05 September 2018, respondents failed and refused and
continued to fail and refuse to issue and execute all the documents
necessary to transfer ownership, prompting RICHARD BELLA to file
the instant Complaint. Machine Copy of the Demand Letter, dated 20
August 2018, Reply Letter, dated 28 August 2018 and Certification to
File Action, dated 05 September 2018 are hereto attached Annexes
“G”, “H” and “I”, respectively.

8. It is indisputably clear that Respondents manifestly and


fraudulently acted with deceit, false pretense, fraudulent
representation, and by using fictitious name, or falsely pretending to
possess power, influence, qualifications, property, credit, agency,
business or imaginary transactions, or by means of other similar
deceits or by inducing another, by means of deceit, to sign document
and surreptitiously excluded the aforementioned information that
during the execution of the Contract to Buy and Sell, SENYOR
MARIA has already passed away . It is only proper that Respondents
be charged and penalized for the crime of Estafa defined and
penalized under Article 315, Revised Penal Code.

9. I execute this affidavit to attest to the truth of the foregoing


facts and in support of my complaint for Estafa against Respondents
PRIMERA MARIA, SEGUNDA MARIA, and TRES MARIA, defined
and penalized under Article 315 of the Revised Penal Code.

IN WITNESS WHEREOF, I have hereunto set my hand on this


th
14 day of December 2018 at Zamboanga City, Philippines.

RICHARD BELLA
Affiant

SUBSCRIBED and SWORN to before me on this 14th day of


December 2018 at Zamboanga City, Philippines.
CERTIFICATION

This is to certify that I have personally examined herein affiant


and that I am fully satisfied that he voluntarily executed and
understood the contents of his affidavit-complaint.

ALASKA CONDENSADA
Associate Prosecution
Attoryney II

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