FACTS:

In the early part of 2018, Capt. J called Mr. V and Mr. A to ask if they are
interested to enter a new business because he knew a person who is looking for an
investor for a diesel importation. The person being referred to is Ms. S. Capt J
assured the complainants that the business is very profitable. This assurance made
Mr. V and Mr. A very interested. On March of 2018, through the initiative of Capt.
J the meeting was set. The three (3) together with their spouses met Ms. S and one
witness to the transaction named Mr. B. During the meeting Ms. S. explained the
operations of the business, the income, interest and the return of profit. She said
that the investment money will be used to purchase a diesel from foreign country
for a low price while will then be sent to the Philippines to be sold for a higher
price. Ms. S. guaranteed that in about four months, the money invested will be
returned to Mr. V and Mr. A and the interest will follow. At first Mr. V and Mr. A
are hesitant to participate in the business because the amount being requested is
P15,000,000 million pesos. Capt. J confidently assured Mr. V and Mr. A and even
told them that he will guarantee his own property if the investment will not go as
plan.
After a long discussion, Mr. V and Mr. A agreed to the terms and conditions of the
investment business together with Ms. S. A memorandum of agreement was signed
by Mr. A and Mr. V together with Ms. S. Mr. V and Mr. A were not given a copy
of the memorandum of agreement for reasons unknown to them. Twelve (12) days
after the initial meeting Mr. V., Mr. A together with Capt. J met with Ms. S. In this
meeting Mr. V and Mr. A issued two (2) checks to Ms. S with an agreed amount of
fifteen million pesos (P15,000,000). Mr. V issued a check worth P10,000,000 with
Ms. S is the payee (Check No. 001-002-003). The said check was received by Ms.
S and subsequently was encashed by the latter because it was debited to the
account of Mr. V.
Mr. A issued a check worth P5,000,000 the said check was likewise encashed by
Ms. S. Simultaneous with the issuance of checks in favor of Ms. S, the latter issued
two (2) post dated checks dated July 2018 to Mr. V in the amount of P5,000,000
each with check number 002-003-004 AND 003-004-005 respectively. Mr. A
likewise received a post dated check in the amount of P5,000,000 as assurance for
the return of investment.
Few weeks after their second meeting, Mr. A. and Mr. V ask for an update
regarding their investment. Ms. S responded and asked them to wait since the
business is already on process. Due to financial constraints, Mr. V informed Ms. S
that he will deposit the two post dated checks, but Ms. S beg Mr. V not to deposit
the checks because of insufficiency of funds on her bank account.
From July until September of 2018, Mr. V have been communicating with Ms. S
regarding the return of the investment money, but these communications was
ignored by Ms. S. It is only until Oct. 2018 that Ms. S partially paid complainants.
Mr. V called and sent messages to Ms. S, asking for the return of the full amount.
The wife of Mr. V called Ms. S that she will deposit the checks before it become
stale should Ms. S fails to fulfill her obligations.
On Dec. 2018 before the two checks become stale, Mr. V deposited the checks
issued by Ms. S. The checks were dishonored by reason of payment stopped
because it was unfunded. This fact of dishonor was made known to Ms. S but the
latter still failed to make proper arrangements.
Meanwhile, Mr. A returned the post-dated check issued by Ms. S when the latter
gave him a cash in the amount of P1,700,00 million. In addition to it Ms. S issued
another checks in the amount of P1,000,000 and P1,100,000 both undated.
Sometime in June 2019, Ms. S promised Mr. V and Mr. A that she will completely
settle her obligation. She narrated that she will sell her property to pay the
remaining balance of P6,000,000 to Mr. V and P3,300,000 million to Mr. A. Ms. S
failed to fulfill her promises despite numerous follow-ups made by Mr. A and Mr.
V. On December 2020, Mr. V with the assistance of his counsel sent a formal
demand letter to Ms. S. Despite receipt of the Demand Letter, Ms. S continued to
ignore Mr. V and A.
On January 15, 2021, Mr. V sent a Final Demand Letter to Ms. S via registered
mail, LBC. Meanwhile Mr. A decided to deposit the checks issued to him by Ms.
A on March 1, 2021 without the knowledge of Ms. A, both checks were
dishonored because the account is under garnishment. On March 9, 2021 sent a
notice of dishonor and demand for payment to Ms S. but despite notice the latter
failed to pay and return the investment. Ms. S makes repeated excuses and ask for
extension.
1. Make a criminal complaint for Estafa and BP 22 against S.