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On November 23, 2017, the CA promulgated the assailed Decision grant-

ing the petition and annulling the earlier Resolution dated July 15, 2015 is-
sued by the DOJ Secretary. The CA disposed the case as follows:
WHEREFORE, the petition is GRANTED. The Resolution dated July 15,
2015 of public respondent, the Secretary of the Department of Justice in
NPS No. XV-05-INV-13C-1111 is hereby ANNULLED and SET ASIDE.
Resultantly, the Resolution dated November 13, 2013 issued in the said
case by Assistant City Prosecutor Gilbert R. Alcala is hereby REIN-
STATED, and the criminal complaint filed by private respondents Ramona
Favis-Velasco and Elvira Yulo against petitioner Jaye Marjorie R. Gonza-
les, ordered DISMISSED.
The warrants of arrest issued by Branch 133 of the Regional Trial Court of
Makati City in Criminal Case Nos. 16-027, 16-028, 16-029 and 16-030 are
hereby declared NULL and VOID.
SO ORDERED. 15

The petitioner filed a Motion for Reconsideration,  but the CA denied it in its
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assailed Resolution  dated May 3, 2018.


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Hence, the petition.


Respondent Jaye filed her Comment  dated October 8, 2018. In her Com-
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ment, she reiterated that there was no probable cause to charge her
of Estafa under paragraphs 1(b) and 2(a), Article 315 of the RPC. She in-
sisted that there was no fraud or deceit prior to or simultaneous with the
transaction. Likewise, she denied directly receiving money from petitioners.
Thus, according to her, the petitioners failed to allege all the elements of
the crimes charged.
On February 21, 2019, the petitioners filed their Reply  to respondent
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Jaye's Comment. They argued that all the elements of Estafa under para-
graphs 2(a) and 1(b), Article 315 are present in the case at bar.

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