REPUBLIC OF THE PHILIPPINES

Department of Justice
OFFICE OF THE CITY PROSECUTOR
Tuguegarao City, Cagayan

JUAN QUEQQUEGAN,
Complainant,

I.S No. _____________

-versus- For: Estafa under
Article 315 (2) (a) of The
Revised Penal Code
MARIA PALANGGANA,
Respondent.

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COMPLAINT-AFFIDAVIT

Complainant Juan Queqquegan most respectfully les this

Complaint for Estafa with Deceit under Article 315 (2) (a) of The
Revised Penal Code against Maria Palanggana, and in support thereof,
states: THAT –
1. I am the complainant in this complainant for Estafa with
Deceit, of legal age, single, Filipino, and with residence at
Barangay Di Masarsarakan, Peñablanca, Cagayan.

2. The respondent, MARIA PALANGGANA, who is also of legal

age, married, Filipino, and a resident of Barangay Di
Masapsapulan, Tuguegarao City, Cagayan where she may be
served with summons and other processes of this Honorable
City Prosecutor.

3. The respondent and myself met and we have exchanged

phone numbers and started messaging each other.

4. Maria messaged that she is looking for some investors to

invest in her tailoring business and has contracts with
government agencies to supply garments, IT, school and
of ce, and agricultural supplies.

5. She is looking for investors to invest an amount of TWO

H U N D R E D F O R T Y- T H R E E T H O U S A N D P E S O S
(P243,000.00) which would give a yield amounting to ONE
H U N D R E D T W E N T Y- O N E T H O U S A N D P E S O S
(P121,000.00).

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 6. The the screenshots of our conversation is attached as

“ANNEX A”.

7. Believing that Maria indeed has a legitimate business, and

lured by the huge pro t, I parted with my hard-earned money
and gave the amount of TWO HUNDRED FORTY-THREE
THOUSAND PESOS (P243,000.00) to Maria in her of ce in
Barangay Carcaritan, Tuguegarao City, Cagayan.

8. I and Maria signed a Payment Agreement, attached as

“ANNEX B”, in January 2020.

9. In the Payment Agreement, Maria acknowledged that she has

an obligation to me in the amount of TWO HUNDRED
FORTY-THREE THOUSAND PESOS (P243,000.00)
representing my investment in her purported tailoring
business project and promised to give the amount of ONE
H U N D R E D T W E N T Y- O N E T H O U S A N D P E S O S
(P121,000.00) representing the pro t that my investment
would yield.

10.Maria promised to pay Juan the total amount of THREE

HUNDRED SIXTY-FOUR THOUSAND PESOS (P364,000.00)
on January 29, 2020.

11.On January 29, 2020, I demanded payment of the said

amount from Maria but failed to pay due to some staff of the
agency processing the payments having contracted COVID
19.

12.The screenshots of the demand conversation is attached as

“ANNEX C”.

13.With repeated demands returned with empty promises,

Maria still failed to provide my investment money plus the
promised pro t.

14.When Maria represented once again that she has contracts

with government agencies but for the supply of t-shirts and
caps, I conducted an investigation and found out that she
does not have any existing contract with government
agencies, contrary to what she had told me before I invested
my money.

15.On March 2, 2021, through the assistance of my lawyer, I

sent a formal demand letter to Maria which she received on

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 March 3, 2021. The copy of the Formal Demand Letter is
attached as “ANNEX D”.

16.Despite my repeated demands and her receipt of the said

formal demand letter, Maria failed to give the pro t she
promised, let alone the money I invested.

17.I was informed by my lawyer that the respondent committed

the crime of Estafa with Deceit under Article 315 (2) (a)
which is de ned as follows:
Art. 315. Swindling (estafa). — Any person who shall
defraud another…
2. By means of any of the following false pretenses
or fraudulent acts executed prior to or
simultaneously with the commission of the fraud:
(a) By using ctitious name, or falsely
pretending to possess power, in uence,
quali cations, property, credit, agency,
business or imaginary transactions, or by
means of other similar deceits…

18.In the case of Espino vs. People, G.R. No. 188217, July 3,
2013, the Court held that the elements of the crime of estafa
under Article 315, paragraph 2(a) are as follows: (1) that
there is a false pretense, fraudulent act or fraudulent means;
(2) that the false pretense, fraudulent act or fraudulent means
is made or executed prior to or simultaneously with the
commission of the fraud; (3) that the offended party relies on
the false pretense, fraudulent act, or fraudulent means, that is,
he is induced to part with his money or property because of
the false pretense, fraudulent act, or fraudulent means and
(4) that as a result thereof, the offended party suffered
damage.

19.All of the said elements are present in this case. Maria’s false
pretense of having a tailoring business and has contracts with
government agencies to supply garments, IT, school and
of ce, and agricultural supplies; that she’s looking for
investors who can invest an amount of TWO HUNDRED
FORTY-THREE THOUSAND PESOS (P243,000.00) which
would give a yield amounting to ONE HUNDRED TWENTY-
ONE THOUSAND PESOS (P121,000.00); I relied on her false
pretenses and that I was lured with the supposed pro t
amounting to ONE HUNDRED TWENTY-ONE THOUSAND
PESOS (P121,000.00) which induced me to give my TWO
H U N D R E D F O R T Y- T H R E E T H O U S A N D P E S O S
(P243,000.00) to Maria; and since, no return of my
investment money nor the promised pro t, I have suffered
damage.

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 20.The paramount question in a prosecution for Estafa under

Article 315 (2) (a) is whether the false pretense of the
defendant induced the complainant to part with his money
and suffered damage.

21.I, after Maria’s failure to give back my investment money and

the promised pro t, suffered sleepless nights, nancial
instability and incurred debts, sold my other properties,
embarrassment from friends and family members.

22.I executed this Complaint-Af davit to attest to the truth of all

the foregoing.

JUAN QUEQQUEGAN
Complainant/Af ant

SUBSCRIBED AND SWORN to before me this 09 October 2021

at Tuguegarao City, Cagayan. I hereby certify that I have personally
examined the af ant and I am fully satis ed that he has voluntarily
executed and understood the contents of this Complaint-Af davit.

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