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Re: Complaint-Affidavit of Ivy M.


* Wrong forum. Complaint should be ignored. Ivy M. Rabena should
have brought her case to the local club (Rotary Club of Urdaneta Mid-City),
then the club should bring it to the attention of the cluster Assistant
Governor, then the Assistant Governor brings it to the attention of the
District 3790 Governor.

Items 1 and 3. Ivy M. Rabena has no legal personality to file the said
complaint because she is not a member of Rotary Club of Urdaneta Mid-
City prior to September 30, 2013.

On the same note, Ivy M. Rabena, who claims to be the authorized
representative of the Rotary Club of Urdaneta Mid-City, should prove that
she is a legitimate member of the said club, along with her witnesses

1. Dir. Alicia Ladrera
2. Dir. Suzette Soriano
3. Dir. Marife Estrada
4. Dir. Josephine Castaos
5. Treas. Ludife Dyanne M. Estrada

Item 22. How can she attest to the truthfulness, correctness, and veracity
of the said Compliant-Affidavit when, aside from being not a member of
Rotary Club of Urdaneta Mid-City, she was not present when these things
she claims to know, has transpired?

Item 10. One-half (1/2) page only. Not one-whole (1) page.

Item 21. The complaint does not qualify as ESTAFA:

Estafa is a criminal offense wherein a person defrauds another by any of the
following means: (1) by unfaithfulness or abuse of confidence; (2) by deceit;
or (3) fraudulent means.
Estafa through unfaithfulness or abuse of confidence is done by (1) altering
quality, quantity and substance of subject matter of contract; (2)
misappropriating or converting goods/property of another; and (3) taking
advantage of a signature in blank.
Estafa through deceit or fraudulent acts executed prior to or simultaneously
with the commission of the fraud is done by: (1) using fictitious name as
means of deceit; (2) altering quality, fineness or weight of anything
pertaining to art or business; (3) by issuing unfunded checks or postdated
checks; and (4) availing of services of hotel, inn, restaurants etc, without
paying therefor.
Estafa through fraudulent means is done by: (1) inducing another, by means
of deceit, to sign any document; (2) resorting to some fraudulent practice to
ensure success in a gambling game; and (3) removing, concealing, or
destroying, in whole or in part, any court record, office files, document and
other papers. (Article 315, Revised Penal Code).
The complaint does not qualify as QUALIFIED THEFT:
The elements of qualified theft punishable under Article 310 in relation to
Articles 308 and 309 of the Revised Penal Code (RPC) are as follows:
1. There was a taking of personal property.
2. The said property belongs to another.
3. The taking was done without the consent of the owner.
4. The taking was done with intent to gain.
5. The taking was accomplished without violence or intimidation against
person, or force upon things.
6. The taking was done under any of the circumstances enumerated in
Article 310 of the RPC, i.e., with grave abuse of confidence.