REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
LAS PINAS CITY

REBECCA PERALTA MEIMBAN,

Complainant,
I.S. No.
For: Violation of Article 315,
paragraph 2 (a) of the Revised Penal
Code or Swindling (Estafa);
versus

KRISTEN SEGUI VALERA,

Respondent.
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COMPLAINT-AFFIDAVIT
THE UNDERSIGNED COMPLAINANT respectfully alleges:

I, REBECCA PERALTA MEIMBAN, of legal age, Married , Filipino and,

for purposes of this criminal complaint, with address at c/o atty. June C. Reyes 3F
The Site Plaza, 66 St. Mary Avenue, Provident Village, Marikina City, hereby
depose and state:

1. That I am filing a criminal complaint for violation of Article 315,

paragraphs 2 (a) of the Revised Penal Code or Swindling (Estafa) against,
KRISTEN SEGUI VALERA of legal age, married, Filipino, and with residence at
35 Amethyst St., Pilar Village, Almanza Uno, Las Pinas City, where she may be
served with notices and other processes of this Honorable Office.

2. The Respondent and I shared a strong friendship throughout our college

years more or less thirty (30) years ago, and considered her as part of our family.
Whenever I go on vacation, it's customary for me to stay at her residence in Las
Pinas together with her family;

3. In September 2018, KRISTEN SEGUI VALERA, Respondent initiated a

video call conversation with me through a messaging platform. During our
discussion, she persuaded me to invest in her real estate venture, focusing on lending
to small-scale contractors emphasizing the need for investors to facilitate its
expansion and promising higher returns.

4. As a long-time friend and given her status as a Real Estate Broker and the
proprietor of her own realty company, known to me as KSV Realty, I had been
assured that all her dealings were legitimate.

5. Aware that I was still hesitant to part with my hard-earned money, she took
the initiative to email me a sample Loan Agreement. A machine copy of the
aforementioned document is attached herewith as Annex A.
 6. Upon examining the provided document, it outlined that I would receive a
higher interest rate of 2% per month, in contrast to the 1.5% rate specified in the
sample Loan Agreement.

7. Initially, I was unwilling to entertain her proposal, which involved an initial

investment of P1,500,000.00 to kickstart the business—a proposition I promptly
rejected.

8. Undeterred, she persisted in convincing me, taking advantage of our

friendship and employing various persuasive tactics. She suggested that I start with
a smaller investment and gradually increase it until reaching the required capital of
P1,500,000.00.

9. Hoping to help who I thought was a true friend, I extended an initial

investment to her totaling 2,900 USD with an exchange rate of 52.35 per dollar, on
November 25, 2018.

10. Two days later, unsatisfied with the initial deposit, she urged me again to
complete the P1,500,000.00 investment. Consequently, on November 27, 2018, I
sent 2,900 USD twice to fulfill the required investment amount. A precise record of
the remittance history from Xoom Remittance company is attached herewith and
marked as Annexes “B to B-2”.

11. One month later, anticipating a 2% interest return on my invested money,

I inquired with the Respondent. She reassured me, stating that the expected monthly
interest would simply be added to the capital. Trusting that the Respondent would
not misuse the confidence I placed in her, I relied on her assurance.

12. In May 2019, upon my return to the Philippines, the Respondent persuaded
me to stay at her house for a few days to further discuss our business venture.

13. During my stay, the Respondent presented a computation of my

investment, including its compounded interest. I was pleased to learn that my
investment had already generated a measurable sum, as documented in a ledger
personally prepared by her, marked as Annex C.

14. Seizing this opportunity, the Respondent encouraged me to open a

checking account at Security Bank, Paranaque Branch.

15. Having lost all my Philippine IDs during a robbery in the States, I lacked
the necessary documents. The Respondent assisted me in obtaining a Taxpayer ID
to facilitate the account opening process and accompanied me to Security Bank,
Paranaque Branch, where her Respondent’s friend works, to streamline the account
opening process, substantiated by an ATM card, marked as Annex D.

16. According to the Respondent, the primary purpose of opening the account
was for her to deposit the returns from my investment.
 17. Unbeknownst to me, this was part of her scheme. She requested that I
leave her three (3) blank signed checks, citing the possibility of my mom needing
them for emergencies.

18. In an effort to create the illusion of genuine returns from my investments,

she led me to believe that I had accrued P9,200 per month, representing a 2% interest
rate. This supposedly amounted to a total of P55,200

interest for my investment of P455,590.00 over a period of 6 months, from

November 30, 2018, to April 30, 2019.

19. Contrary to our agreement, the purported proceeds of P55,200.00 were

never deposited into my account. The Respondent merely showcased this amount
through her computation from the ledger previously attached.

20. Consequently, on May 30, 2019, with the assurance that I now had a bank
account ready for deposits, the Respondent proposed taking P50,000 from the
alleged P55,200 interest to be rolled over and added as additional capital investment.
This time, she suggested that it would earn a 3% interest per month. Attracted by the
enticing offer, I followed her advice.

21. Convinced that the Respondent was fulfilling her promise, I was once
again enticed to contribute more money as additional capital investment.

22. On August 31, 2019, my niece, Rouema Peralta-Perez, personally visited

the Respondent at her house in Las Pinas to hand over P106,000.00 as my additional
investment, converted into $ 2,000 US dollars.

23. On September 8, 2019, the Respondent contacted me once more, urging

me to increase my capital to meet the investment target of P1,500,000.00.
Consequently, persuaded by her convincing approach, I transferred $2,000 US
dollars, as confirmed by the Transaction Details provided by Xoom Remittance
Company, attached herewith as Annex "E to E-1."

24. As the Respondent failed to deposit the proceeds on December 30, 2019,
she voluntarily executed a Promissory Note/Loan Agreement. In this document,
she acknowledged a total financial obligation of Eight Hundred Fifty Thousand
Pesos (Php 850,000.00) with an agreed interest rate of 5% per month and a 1%
penalty charge in case of default. She committed to paying the entire amount due on
or before January 30, 2021. A signed copy of this document is attached herewith as
Annex "F."

25. Despite the execution of the Promissory Note/Loan Agreement., one

month passed without receiving any proceeds from my investment, contrary to our
agreement.

26. In March 2020, the Respondent made no efforts to settle the outstanding
amount. Instead, she repeatedly encouraged me to increase my Capital Investment
to meet the required P1,500,000.00 investment. Consequently, I allowed her to use
my blank signed check for a withdrawal of One Hundred Ten Thousand Pesos
(P110,000.00), representing my additional investment. I agreed to her request, even
if it meant borrowing money from my mother for her house renovation. The terms
and conditions governing this additional investment were the same as those in the
previous transaction, with monthly collections until fully paid.

27. Due to the government's imposition of Enhanced Community Quarantine

(ECQ) during the pandemic, business transactions were halted. Consequently, I
showed flexibility to the Respondent.

28. During this period, the Respondent offered to provide Land Titles and
post-dated checks as collateral to alleviate any concerns or doubts. However, due to
my trust in her, I did not take advantage and declined to take any collateral.

29. Again, taking advantage of our friendship and my desire to help her in her
finances and so that she will also be able to return my investments, Respondent was
able to convince me to give her additional investment. Hence, on January 25, 2023,
when I came home and stayed in her house at Las Pinas, Respondent successfully
persuaded me to invest $5,000 USD, assuring that it would be returned with a $1,000
USD interest within one month, $2,000 USD in cash handed over personally while
I was at their house in Las Pinas City, and an additional $3,000 USD sent via Xoom
remittance by my husband in the U.S. This transaction is evidenced by a
REMITTANCE HISTORY, and a machine copy of the document is attached
herewith as Annex “G ”.

30. One of her schemes involved persuading me to open a JOINT SAVINGS

ACCOUNT with her after my previous Savings Account was closed months
following my request for her to encash P110,000.00 from my Checking account.

31. Furthermore, while staying at the Respondent's house on January 31, 2023,
she was able to convince me to finance a Two Hundred Fifty Thousand Pesos (Php
250,000.00) SECURITY BOND to finalize a business deal.

32. Feeling her desperation and wanting to help her I wanted to assist her in
securing the deal to ease her financial burden. When she pleaded with me, assuring
that she would settle the obligation within one month, offering P50,000 as interest,
which includes the $5,000 USD with an additional $1,000 USD interest, and
agreeing to follow the terms and conditions outlined in the Loan Agreement in case
of default, I agreed. Unfortunately, March 2023 arrived, but she failed to adhere to
our agreement.

33. Finally, in November 2023, anticipating her full settlement through a bank
deposit as agreed, I was dismayed to discover an unauthorized withdrawal of
Seventy-Five Thousand Pesos (P75,000.00) from our Joint Account. When
confronted, she admitted to the withdrawal and acknowledged the need to settle a
debt. However, despite all the things I did for her, respondent did not return the said
amount.

34.To date, the total amount of Four Million Four Hundred Forty-Six
Thousand and /300 Pesos (Php 4,446,300.00) remains unpaid, along with the
accrued interest of 5% per month plus 1% surcharges from January 2020 to the
present.
 35. Despite attempts to reach an amicable settlement, the Respondent
consistently ignored these demands and thwarted all collection efforts.

36. Consequently, on January 5, 2024, I engaged the services of a lawyer who

promptly issued a written demand to return my investment, but this proved futile. A
copy of the Demand letter, LBC Express, Inc. Courier Official Receipt and a
screenshot copy of the messenger conversation are hereto attached and marked as
"Annex H to H-2."

37. Since there was no response on the part of the Respondent, I executed this
complaint.
38. The Court said in the case of Rosita Sy v. People of the Philippines, G.R.
No. 183879, April 14, 2010, there are three (3) ways of committing Estafa, viz.:
(1) with unfaithfulness or abuse of confidence; (2) by means of false pretenses or
fraudulent acts; or (3) through fraudulent means. The three ways of committing
Estafa may be reduced to two, i.e., (1) by means of abuse of confidence; or (2) by
means of deceit.

39.Under Article 315, paragraph 2(a) of the Revised Penal Code the law
punishes the act of one person defrauding another by means of false pretenses or
fraudulent acts.

Art. 315. Swindling (Estafa). Any person who shall defraud another by any of
the means mentioned hereinbelow x x x:
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 a fictitious name, or falsely pretending to possess power,

influence, qualifications, property, credit, agency, business or imaginary
transactions; or by means of other similar deceits.
(b) The act complained of in the instant case is penalized under Article
315, paragraph 2(a) of the RPC, wherein estafa is committed by any person who
shall defraud another by false pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the fraud. It is committed by using
fictitious name, or by pretending to possess power, influence, qualifications,
property, credit, agency, business or imaginary transactions, or by means of other
similar deceits.
(c) The elements of estafa by means of deceit are the following, viz.:
(a) that there must be a false pretense or fraudulent representation as to his power,
influence, qualifications, property, credit, agency, business or imaginary
transactions.
(d) property, credit, agency, business or imaginary transactions; (b)
that such false pretense or fraudulent representation was made or executed prior
to or simultaneously with the commission of the fraud; (c) that the offended party
relied on the false pretense, fraudulent act, or fraudulent means and was induced
to part with his money or property; and (d) that, as a result thereof, the offended
party suffered damage.

40. In the instant case, all the mentioned elements are evident and present.
Respondent, KRISTEN SEGUI VALERA provided false information and
deceitfully asserted that her company, KSV Realty, had the capability to generate
profits from my investment.
 40. This misrepresentation occurred prior to her involvement with me,
influencing my decision to invest money in her company. The consequences of her
deceptive practices and false claims resulted in clear financial losses, mental distress,
sleepless nights, and emotional suffering due to her intentional failure to fulfill her
obligations despite repeated written and oral demands.

41. I was led to believe by the Respondent that she had the ability and
possessed power to yield profits, whereas, in reality, her company was not
performing well in terms of business.

42. I am filing this affidavit to support my complaint against Respondent for

violation of Article 315 paragraphs 2(a) of the Revised Penal Code and for whatever
legal purposes that this may serve.

WHEREFORE, premises considered, it is respectfully prayed that after

notice and hearing the respondent be indicted for ESTAFA to protect/preserve the
right/interest of the complainant and to recover my claim of FOUR MILLION
FOUR HUNDRED FORTY SIX THOUSAND and /300 PESOS (Php
4,446,300.00), plus moral and exemplary damages, Attorney’s fees, and costs of
suit.

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

2024 at Las Pinas City.

REBECCA PERALTA MEIMBAN

Assisted By:

THE LAW OFFICE OF ATTY. JUNE C. REYES

Counsel for the Complainant
3F The Site Plaza, 66 St. Mary Main Avenue,
Provident Village, Marikina City
Tel. Nos. 86614841/09209113524

By: JUNE C. REYES

IBP #312179/1-06-2024/Head Office
PTR # 9771017/1-09-24/Marikina City
Roll of Attorneys’ No. 47479
MCLE Compliance No. VII-27760/04-12-2023

SUBSCRIBED AND SWORN to before me this ___ day of January 2024 at

the City of Las Pinas, Philippines. I HEREBY CERTIFY that I have personally
examined the herein offended party and I am satisfied that she voluntarily executed
and understood her given affidavit.

____________________
Administering Officer