People of the Philippines Vs. Rosario Baladjay G.R. No. 220458. July 26, 2017

People of the Philippines Vs. Rosario Baladjay G.R. No. 220458. July 26, 2017

Velasco Jr.

https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/63235

## Issues

**All the elements of Syndicated Estafa are present in the instant case**

* Jurisprudence elucidates that the elements of Estafa by means of deceit under this provision are as follows: (a) that there must be a false pretense or fraudulent representation as to the offender's power, influence, qualifications, 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.
* Clearly, all the elements of Syndicated Estafa obtain in this case, considering that: (a) more than five (5) persons are involved in Multitel's grand fraudulent scheme, including Baladjay and her co-accused - who employed deceit, false pretenses and representations to the private complainants regarding a supposed lucrative investment opportunity with Multitel in order to solicit money from them; (b) the said false pretenses and representations were made prior to or simultaneous with the commission of fraud; (c) relying on the false promises and misrepresentations thus employed, private complainants invested their hard-earned money in Multitel; and (d) Baladjay and her co-accused defrauded the private complainants, obviously to the latter's prejudice.

**Baladjay's connection with Multitel has been clearly established**

* Baladjay cannot feign innocence by hiding behind her so-called "counselors" because not only did they positively identify her, she also signed the checks issued in favor of the investors.

## Decisions

**IN VIEW OF THE FOREGOING,** the Court **ADOPTS** the findings
and conclusions of law in the Decision dated November 13, 2014 of the
Court of Appeals in CA-G.R. CR HC No. 06308 and **AFFIRMS** said Decision **WITH MODIFICATION**
 that (1) accused-appellant is assessed and shall pay an interest at the
 rate of six percent (6%) per annum on the amount of actual damages
suffered by each of the private complainants, reckoned from the filing
of Information on August 27, 2003 until fully paid, and (2) an interest
at the rate of six percent (6%) per annum on the amount of moral damages
 awarded to each of the private complainants from the finality of the
Court's Decision until full payment.

As thus modified, the
judgment of the Regional Trial Court of Makati City, Branch 58,
promulgated on December 3, 2012, as amended on April 26, 2013, shall

read as follows:

> **WHEREFORE,** premises considered, **JUDGMENT** is hereby rendered as follows:
>
>
>
> 1. Convicting the accused Rosario Baladjay of the crime of Syndicated *Estafa* and ordering her to suffer the penalty of life imprisonment.
>
> By way of civil liability
>
> 2. To pay Dr. Rolando T. Custodio the sum of Php3,200,000.00 as actual damages;
>
> 3. To pay Estella Pozon Lee the sum of Php3,280,000.00 and US$7,520.00 the rate to be computed from the time of its investment;
>
> 4. To pay Henry M. Chua Co the sum of Php1,050,000.00;
>
> The
>  afore-stated amounts shall be paid with legal interest at the rate of
> six percent (6%) per annum from August 27, 2003 until fully paid.
>
> By way of moral damages
>
> 5.
>  To pay Dr. Rolando T. Custodio, Estella Pozon Lee, and Henry M. Chua Co
>  the amount of One Hundred Thousand Pesos (Php100,000.00) each, with
> interest at the rate of six percent (6%) per annum from the finality of
> the Court's Decision until fully paid.
>
> Considering that the
> Court has yet to acquire jurisdiction over the other accused, let alias
>
>
>
> warrants of arrest be issued against them.
>
>