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Republic of the Philippines

REGIONAL TRIAL COURT


Second Judicial Region
BRANCH __
Santiago City

CONSTANCIA REYES,
Plaintiff,
CIVIL CASE NO._________
versus- FOR:“DAMAGES” based on
Articles 19, 21 and 2219 of
the Civil Code
NESTOR B. RODRIGUEZ,
SHARON MAY MERCADO
FARRO and MICHAEL
ANGELO DA-ANG
FARRO, IVY JOYCE B.
FERRERIA and REONEL D.
FERRERIA, JOYCE ANN S.
PALOGAN,
MAYFLOR F. GUIYAB,
DAISY R. DARACAN,
OLIVER G. FERRER, and
JOMAR U. MORADA,
GERSON R. GONZALES,
NEHEMIA S. ESPANOL,
Defendant/s,
x-----------------------------------------x

COMPLAINT

PLAINTIFF, through the undersigned Law Offices unto this


Honorable Court, most respectfully allege:

PARTIES

1. Plaintiff, CONSTANCIA REYES[Constancia for brevity],


48 years old, single, Filipino, a retired police officer with a rank of
Senior Police Officer 4(SPO4) and presently residing at #42 Turingan
1
Street,Calao East, Santiago City, where summons and other court
processes may be served;

2. On the other hand, the defendants are as follows:

2.1 NESTOR B. RODRIGUEZ,[Nestor for brevity] of


legal age, married and a resident of Torres Street, Plaridel, Santiago
City, where summons and other legal processes may be served;

2.2 SHARON MAY MERCADO and MICHAEL


ANGELO DA-ANG FARRO[Sharon May et.al for brevity], both of
legal age, married and a resident of Centro East, Santiago City, where
summons and other legal processes may be served;

2.3 IVY JOYCE B. FERRERIA and REONEL D.


FERRERIA[Ivy Joyce et.al for brevity], both of legal age, married
and a resident of Purok 2 Barangay Usol, Jones, Isabela, where
summons and other legal processes may be served;

2.4 JOYCE ANN S. PALOGAN, 29 years old, married,


teacher, a resident of Purok 1, Raniag, Ramon, Isabela, MAYFLOR F.
GUIYAB, 24 years old, married, teacher, a resident of San Mateo,
Isabela, DAISY R. DARACAN, 41 years old, married, teacher, a
resident of Masupi East, Cabagan, Isabela, OLIVER G. FERRER, 25
years old, married, teacher, a resident of Sta Visitacion, Tumauini,
Isabela and JOMAR U. MORADA, ,[Joyce Ann, et.al. for brevity],
21 years old, single, businessman, a resident of San Juan, Delfin
Albano, Isabela, where summons and other legal processes may be
served; and

2.5 GERSON R. GONZALES,[Gerson for brevity] of


legal age, Filipino, single and a resident of Purok 4 Rizal, Santiago
City, where summons and other legal processes may be served;

2.6 NEHEMIA S. ESPANOL,[Nehemia for brevity] of


legal age, married, Filipino, and a resident of Malama, Conner,
Apayao, where summons and other legal processes may be served;

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CAUSE OF ACTION

3. On the 3rd day August 2017, Nestor filed a Complaint-


Affidavit [1] against Constancia and nineteen (19) others, accusing the
latter for allegedly committing SYNDICATED ESTAFA, defined and
penalized under the Article 315 of the Revised Penal Code;

4. That in the same Complaint-Affidavit, Nestor further


alleged that the accused Constancia, et. al., that the crime charged
against them happened sometime on 26 April 2017 where Nestor was
induced with false promises by Constancia, et. al, and finally moved
to pay the plaintiff amounting to Fifty Four Thousand Four Hundred
Thirty Nine Pesos(Php54,439.00) for seven(7) heads in order to avail
of a four-wheel drive vehicle. Based on the aforestated Complaint-
Affidavit, a Criminal Complaint[2] docketed under NPS DOC. NO.
II-05-INV-17G-00238 was lodged against Constancia, et. al. before
the Office of the City Prosecutor in Santiago City accusing the former
of committing the crime of ESTAFA(Large Scale), defined and
penalized under Article 315 of the Revised Penal Code;

5. On even date, another Joint Complaint-Affidavit[3] was


executed and filed by Sharon May, et.al., against Constancia, et. al to
the effect that because of convincing promised made by the latter
sometime on 23 February 2017, Sharon May, et.al. joined the group of
Blessings777 and paid the amount of Php7,777.00. Consequently, a
Criminal Complaint docketed under NPS DOC. NO. II-05-INV-17G-
00241 was lodged against Constancia, et. al. before the Office of the
City Prosecutor in Santiago City accusing the former of committing
the crime of ESTAFA(Large Scale), defined and penalized under
Article 315 of the Revised Penal Code;

6. Another Joint Complaint-Affidavit[4] was executed and


filed by Ivy Joyce et.al against Constancia, et.al. to the effect that on
November 2016, the former joined the group of the latter and paid

1
Annex “A”
2
Annex “B”
3
Annex “C”
4
Annex “D”

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the amount of Php7,777.00. Consequently, a Criminal Complaint
docketed under NPS DOC. NO. II-05-INV-17G-00242 was lodged
against Constancia, et. al. before the Office of the City Prosecutor in
Santiago City accusing the former of committing the crime of
ESTAFA(Large Scale), defined and penalized under Article 315 of
the Revised Penal Code;

7. On 2nd day of July, 2017, a Complaint-Affidavit[5] was


executed and filed by Joyce Ann et.al. against Constancia, et.al. to the
effect that the effect that sometimes in November 2016, February,
March and May, 2017, that the latter defrauded the former by
collecting their money with the total amount of Php 1,905,338.00 and
after collecting the said amount intended for the payment of monthly
amortizations of their vehicles, the plaintiff hid and cannot be
contacted and located in their office. Consequently, a Criminal
Complaint docketed under NPS DOC. NO. II-05-INV-17G-00237
was lodged against Constancia, et. al. before the Office of the City
Prosecutor in Santiago City accusing the former of committing the
crime of ESTAFA(Large Scale), defined and penalized under Article
315 of the Revised Penal Code;

8. On 3rd day of August, 2017, a Complaint-Affidavit[6] was


executed and filed by Gerson against Constancia, et.al. to the effect
that under such good terms and promised given by the group of the
latter, on 28 January 2017, the former joined the group and paid the
amount of Php7,777.00 to them. Consequently, a Criminal Complaint
docketed under NPS DOC. NO. II-05-INV-17G-00240 was lodged
against Constancia, et. al. before the Office of the City Prosecutor in
Santiago City accusing the former of committing the crime of
ESTAFA(Large Scale), defined and penalized under Article 315 of
the Revised Penal Code;

9. On 11th of September 2017, a Complaint-Affidavit[7] was


executed and filed by Nehemia to the effect that that she was induced
by MRC and BLESSINGS 777 to part with her money in the amount

5
Annex ”E”
6
Annex ”F”
7
Annex “G”

4
of Sixty Nine Thousand Nine Hundred Ninety Three(Php69,993.00)
Pesos with the false promise that, in exchange, she will receive
product packages, monetary incentives in the amount of One
Thousand Five Hundred(Php1,500.00) Pesos from every new member
that she will recruit, and a free amortization of motorcycle for each
account. Consequently, a Criminal Complaint docketed under NPS
DOC. NO. II-13-INV-17I-00116 was lodged against Constancia, et. al.
before the Office of the City Prosecutor in Dagupan, Tabuk City,
Kalinga accusing the former of committing the crime of
SYNDICATED ESTAFA, defined and penalized under Article 315 of
the Revised Penal Code;

10. Fearing for her liberty and suffused with shame and
embarrassment for herself and her family, Constancia had to secure
the assistance of a legal counsel to represent her in defense of herself
and her family honor, and to assist her to prepare her Joint Counter-
Affidavit[8] sometime on 11 September 2017 which she submitted to
the Office of the City Prosecutor Santiago City on 12 September 2017,
thus Constancia incurred attorney’s fees of Fifty thousand
(Php50,000.00) pesos;

11. The barrage of accusations coming from the respondents


finally came to an end when on 18 October 2017 the Office of the City
Prosecutor handed down its Resolution[9] under NPS DOC. NO. II-
05-INV-17G-00237 , the dispositive portion of which reads –

“ On September 12, 2017, Constancia Reyes submitted her Counter-


Affidavit. In exculpation, she denied the accusation made against her by
the private complainants.

She claimed that there is no clear and convincing evidence to


implicate her in the charge of Syndicated Estafa. She herself was recruited
by Benigno Pascual Blas,Jr. who is the head Manager of Mio Riders Club
located at the 3rd floor, Galapon Building on Bayaua Street, Centro East,
Santiago City.

She admitted that she is a registered product provider of Blessings


777. She further expounded that Blessings 777, Incorporated is a multi-

8
Annex “H”
9
Annex “I”

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level marketing and it was founded on July 13, 2015. The headquarters of
Blessings 777 is in San Juan City, Metro Manila. It is a company that is
dedicated in producing world class healthcare products because it has its
own manufacturing plant and have its own product and research
development group.

According to Constancia Reyes, Blessings 777 issues an Official


Collection Receipt as opposed to the Purchase Order, Sales Order, and
Motortrade Receipts issued by the group of Benigno Pascual Blas, Jr. She
stressed that Mio Riders Club is different from Blessings 777. She claimed
that the business activities of the Mio Riders Club are unknown to
Blessings 777.

xxxxx

WHEREFORE, premises considered, it is respectfully


recommended that upon approval of this Resolution the following 5
counts of Estafa under Article 315, paragraph 2(a) of the Revised Penal
Code be filed in court, to wit:

(1) Against Benigno P. Blas, Jr. and Angenica Tolentino in the


criminal complaint filed by Joyce Ann S. Palogan in the amount
of Php 10,972.00;
(2) Against Benigno P. Blas, Jr., Angeliza Ferrer Urbano, and
Corazon Gallandez Jimenez in the criminal complaint filed by
Daisy Daracan in the amount of Php10,972.00;
(3) Against Benigno P. Blas, Jr. and Analine Reyes in the criminal
complaint filed by Jomar U. Morada in the amount of
Php15,554.00;
(4) Against Benigno P. Blas, Jr. and Angenica Tolentino in the
criminal complaint filed by Oliver Ferrer in the amount of Php
2,777.00;
(5) And against Benigno P. Blas, Jr. and Corazon Gallandez Jimenez
in the criminal complaint filed by Mayflor Guiyab in the
amount of Php62,265.00.
The charge of Syndicated Estafa against Constancia Reyes,
Julius Acosta Ibangga, Jennie D. Paleyan, John Michael
Caducoy, and Realyn Alvarado Del Rosario are hereby
DISMISSED.

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12. And on 20 October 2017, the Office of the City Prosecutor
handed down its Resolution[10] under NPS DOC. NO. II-05-INV-
17G-00242 , the dispositive portion of which reads –

“On September 12, 2017, Constancia Reyes


submitted her Counter-Affidavit. In exculpation, she
denied the accusation made against her by the private
complainants.

She claimed that there is no clear and


convincing evidence to implicate her in the charge of
Syndicated Estafa. She herself was recruited by
Benigno Pascual Blas,Jr. who is the head Manager of
Mio Riders Club located at the 3rd floor, Galapon
Building on Bayaua Street, Centro East, Santiago City.

She admitted that she is a registered product


provider of Blessings 777. She further expounded that
Blessings 777, Incorporated is a multi-level marketing
and it was founded on July 13, 2015. The
headquarters of Blessings 777 is in San Juan City,
Metro Manila. It is a company that is dedicated in
producing world class healthcare products because it
has its own manufacturing plant and have its own
product and research development group.

According to Constancia Reyes, Blessings 777


issues an Official Collection Receipt as opposed to the
Purchase Order, Sales Order, and Motortrade
Receipts issued by the group of Benigno Pascual Blas,
Jr. She stressed that Mio Riders Club is different from
Blessings 777. She claimed that the business activities
of the Mio Riders Club are unknown to Blessings 777.

xxxxx

WHEREFORE, premises considered, it is


hereby respectfully recommended that upon approval
of this Resolution, the charge of Syndicated Estafa
against ELMER SEBASTIAN, JULIUS ACOSTA
IBANGGA, REALYN DEL ROSARIO, ANGELICA
TOLENTINO, ANALINE REYES, EVA GERALDINE
PALOMARES, RONALD LIM, WILLIAM GARINO,
MARK ANTHONY NATIVIDAD, DANIEL
LACUEVA, REXSON HERRERIA, KENNETH
COSTALES, JOHNRENN COSTALES, JOHN REYES,
JERICHO REYES, CONSTANCIA REYES,

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Annex “J”

7
CORAZON JIMENEZ GALLANDEZ, and RENIER
LANUZA SARAOS be DISMISSED.”

13. And another Resolution[11] dated 23 October 2017 from


the Office of the City Prosecutor was handed down under NPS DOC.
NO. II-05-INV-17G-00238 , the dispositive portion of which reads –

“WHEREFORE, premises considered, it is


hereby respectfully recommended that upon approval
of this Resolution, the charge of Syndicated Estafa
against ELMER SEBASTIAN, JULIUS ACOSTA
IBANGGA, REALYN DEL ROSARIO, ANGELICA
TOLENTINO, ANALINE REYES, EVA GERALDINE
PALOMARES, RONALD LIM, WILLIAM GARINO,
MARK ANTHONY NATIVIDAD, DANIEL
LACUEVA, REXSON HERRERIA, KENNETH
COSTALES, JOHNRENN COSTALES, JOHN REYES,
JERICHO REYES, CONSTANCIA REYES,
CORAZON JIMENEZ GALLANDEZ, and RENIER
LANUZA SARAOS be DISMISSED.”

14. And on 25 October 2017, a Resolution[12] was issued by


Office of the City Prosecutor under NPS DOC. NO. II-05-INV-17G-
00241, the dispositive portion of which reads –

“On September 12, 2017, Constancia Reyes


submitted her Counter-Affidavit. In exculpation, she
denied the accusation made against her by the private
complainants.

She claimed that there is no clear and


convincing evidence to implicate her in the charge of
Syndicated Estafa. She herself was recruited by
Benigno Pascual Blas,Jr. who is the head Manager of
Mio Riders Club located at the 3rd floor, Galapon
Building on Bayaua Street, Centro East, Santiago City.

She admitted that she is a registered product


provider of Blessings 777. She further expounded that
Blessings 777, Incorporated is a multi-level marketing
and it was founded on July 13, 2015. The
headquarters of Blessings 777 is in San Juan City,
Metro Manila. It is a company that is dedicated in
producing world class healthcare products because it
has its own manufacturing plant and have its own
product and research development group.

11
Annex “K”
12
Annex “L”

8
According to Constancia Reyes, Blessings 777
issues an Official Collection Receipt as opposed to the
Purchase Order, Sales Order, and Motortrade
Receipts issued by the group of Benigno Pascual Blas,
Jr. She stressed that Mio Riders Club is different from
Blessings 777. She claimed that the business activities
of the Mio Riders Club are unknown to Blessings 777.

xxxxx

WHEREFORE, premises considered, it is


respectfully recommended that upon approval of this
Resolution, the charge of Syndicated Estafa against
ELMER SEBASTIAN, JULIUS ACOSTA IBANGGA,
REALYN DEL ROSARIO, ANGELICA TOLENTINO,
ANALINE REYES, EVA GERALDINE PALOMARES,
RONALD LIM, WILLIAM GARINO, MARK
ANTHONY NATIVIDAD, DANIEL LACUEVA,
REXSON HERRERIA, KENNETH COSTALES,
JOHNRENN COSTALES, JOHN REYES, JERICHO
REYES, CONSTANCIA REYES, CORAZON
JIMENEZ GALLANDEZ, and RENIER LANUZA
SARAOS be DISMISSED.’

15. The same disposition was issued by Office of the City


Prosecutor under NPS DOC. NO. II-05-INV-17G-00240, exonerating
Constancia for committing the crime of Syndicated Estafa;

16. On 29 December 2017, the City Prosecutor in Tabuk City,


Kalinga issued a Resolution[13] under NPS DOC. NO. II-13-INV-17I-
00116, the dispositive portion of which reads:

“ We now resolve. Based on the evidence


presented, we find probable cause to indict
respondents Benigno Pascual Blas,Jr., Reinier Lanuza,
Angelina C. Razon, Ladylee C. Montilla, Marlon S.
Palitano and Malou Cifra of the crime of syndicated
estafa, defined and penalized under P.D. 1689 in
relation to Article 315 par.2(a) of the Revised Penal
Code, as amended. The case as against the other
respondents is dismissed for lack of probable cause.
Private complainant is not pursuing the case against
respondents Elmer Sebastian, Julius Ibangga, Eva
Geraldine Palomares, Realyn Del Rosario, Kenneth
Costales, William Garino, Mark Anthony Natividad,
Daniel Lacueva, Corazon Gallandez, Johnrenn

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Annex”M”

9
Costales and Angelica Tolentino considering that they
are likewise victims of MIO and Blessings 777. As to
respondents Constancia Reyes, Analine Reyes,
Ronald Lim, Rexson Herrreria, John Reyes and
Jericho Reyes, we can not find any specific
participation whatsoever, not even a single allegation
about their part, in the scheme. “

COMMON ALLEGATIONS

17. In this instant case, it can be gleaned from the complaint


affidavits executed by the defendants in those abovementioned cases
filed before the Office of the City Prosecutor that there are no clear
and convincing evidence that would directly implicate the plaintiff’s
personal participation and to the point wherein the plaintiff made or
executed false pretense, fraudulent act or fraudulent means against
the defendants to be able to induced them to part with their money
or property;

18. As a consequence of the unfounded and malicious


accusations of the defendants, plaintiff spent the amount of Fifty
thousand (Php50,000.00) for legal fees, representing actual damages
which should be awarded to Constancia;

19. The indifference and the legal wrong displayed by the


defendants in filing malicious and unfounded accusations against the
plaintiff that has seriously shamed Constancia’s honor and
reputation as retired police officer and her family and relatives all
avoided being seen in public with her as the unfounded allegations of
defendants against plaintiff have become a source of family
embarrassment and dishonor;

20. Plaintiff has thus suffered great embarrassment,


unparalleled shame, sleepless nights, mental anguish and serious
anxiety over the deep humiliation cast upon her and her family,
compounded by the fact that Constancia devoted her time and efforts
in protecting her dignity as police officer for almost 23 years in

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service, for which reason she should be awarded moral damages of
TWO HUNDRED FIFTY THOUSAND PESOS [Php250,000.00];

21. To serve as an example to others who might be minded to


commit similar wanton and unlawful acts to the lifetime detriment
and damage of persons similarly accused without basis, defendants
should be held accountable for exemplary damages of FIFTY
THOUSAND PESOS [Php50,000.00];

22. In order to protect her interests and rights and prompted


by the callousness of the defendants in pursuing baseless criminal
action, plaintiff was constrained to engage the services of counsel to
whom she is bound to pay attorney’s fees in the amount of
Php25,000.00, and the costs of suit;

PRAYER

WHEREFORE, premises considered, and after due notice and


hearing, it is respectfully prayed of this Honorable Court to render
judgment in favor of plaintiff, and ORDER defendants to PAY
plaintiff:

1. Actual Damages in the amount of Fifty thousand


pesos [Php50,000.00];
2. Moral Damages in the amount of Two Hundred
Fifty Thousand pesos [Php250,000.00];
3. Exemplary Damages in the amount of Fifty
thousand pesos [Php50,000.00];
4. Attorney’s fees in the amount of Twenty-Five
thousand pesos [Php25,000.00]; and
5. Litigation expenses in the amount of Twenty-
Five thousand pesos [Php25,000.00].

Other relief and remedy just and equitable under the premises
are also prayed for.

Santiago City, 6 February 2018.

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THE LAW OFFICES OF DAMASEN & SUBIA
Unit 5, Mango Suites, Calao East, Santiago City
E-mail: lmdlawoffice@gmail.com
Mobile No.: 09178730405
Tel. No.: (078) 305-2392

By:

ATTY. LUCKY M. DAMASEN


Counsel for the Plaintiff
MCLE Compliance No. V-008089/06-04-15
PTR No.2050681/Santiago City/01-03-2017
IBP No. 1049534/Ilagan City, Isabela/01-03-2017
Roll No.37959/07-24-92

&

ATTY. RICHARD V. GOMEZ


E-mail: 1972.richardgomez@gmail.com
Mobile No.: 09756977381/Tel. No.: (078) 305-2392
MCLE Compliance No. New Member
IBP No. 007833/05-31-17/Ilagan,Isa.
Roll No.69120/05-30-17

VERIFICATION AND CERTIFICATION


I, CONSTANCIA REYES, 48 years old, single, Filipino and presently
residing at #42 Turingan Street,Calao East, Santiago City, after having been duly
sworn in accordance with law, hereby depose and state that:

1. I caused the preparation of the foregoing COMPLAINT, and I have


read the allegations therein and the same are true of my own personal
knowledge and based on authentic documents or records;

2. I certify that I have not commenced any other action or proceeding


involving the same issue in the Supreme Court, the Court of Appeals, the
Regional Trial Court or in any other tribunal or agency;

3. To the best of my knowledge no such action or proceeding is


pending in the Supreme Court, the Court of Appeals, the Regional Trial Court, or
in any other agency or tribunal;

4. That if I should learn thereafter that a similar action or claim has


been filed or is pending before the Supreme Court, the Court of Appeals, the
Regional Trial Court, or in any other agency or tribunal, I shall undertake to
report that fact within five (5) days therefrom to this Honorable Court.

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IN WITNESS WHEREOF, I have hereunto set my hand this ____ of
February, 2018, at Santiago City.

CONSTANCIA REYES
Affiant
Driv. Lic. No. B12-06-000650

SUBSCRIBED AND SWORN to before me this ____ of February,


2018, at Santiago City, Philippines; Affiant exhibiting his identifying
evidence as required by the Rules; who signed the said instrument in my
presence. I further certify that I have personally examined the affiant and I
am convinced that the same is his own free and voluntarily act and deed.

Doc. No. ____ ;


Page No. ____ ;
Book No. ____;
Series of 2018.

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