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DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
Office of the Secretary
Padre Faura St. Ermita, Manila
For: ESTAFA
Under Article
315(b) of the
Revised Penal
Code of the Philippines
MR. X,
Respondent.
x---------------------------------------x
COMES NOW, the undersigned Respondent, unto this Honorable Office respectfully
avers:
1. That for the information of the Honorable Secretary this case started
sometime around October 2014, the Respondent bought a brand new vehicle from
the Complainant, a black 350e Mercedes Benz model 2015 with Conduction No.
AB 1234, for the amount of (php.3, 500,000.00) three million and five hundred
thousand pesos, in which the Respondent paid full in cash, and included in which
a warranty for the defects of the brand new vehicle for a year from the date of the
purchase:
1.1 That after only around (3) three months from
purchasing the said Vehicle, somewhere around January 2015, the
Respondent had to come back to the Shop of the Complainant to
have his vehicle checked and repaired because he noticed that there
was a sound emanating from the front wheels of his vehicle every
time he stepped on the breaks;
1.2 That after a few days the Respondent was called by the
Complainants Shop Manager to visit the shop to sign some
documents and papers for the repair of his vehicle.
1.3 That upon the notice that his vehicle was already ok, the
Respondent immediately went to the Complainants shop to check
his car and upon doing so he made sure that it was indeed fixed by
asking to test drive it first and when he realized that it was free
from any defects while driving the vehicle, he excitedly went
home.
1.4 That after a few days, the Respondent received
demands from the Complainant to settle his fees for the repair of
the vehicle. However, due to the extremely busy schedule of the
Respondent those times he never had the chance to talk to the
Complainant to settle their disputes.
1.5 That because of the circumstances mentioned above the
Complainant initiated actions that led to this petition.
2. That on 7 March 2015, the undersigned received the resolution of the
Honorable Prosecutor disposing the case as follows:
After a careful study of the facts of the case, the
undersigned finds that there is probable cause to indict the
respondent for Estafa under Article 315 (b) of the Revised Penal
Code. It is clear that the respondent failed to return the car after
test drive and even failed to fulfil his obligation of paying the
repair of the same.
WHEREFORE, it is most respectfully recommended that
(a)
(b)
offender
WHEREFORE, the Respondent respectfully prays for the setting aside of the
appealed resolution of Prosecutor Juan Sanchez dated 28 February 2015, and that the
honorable prosecutor be directed to dismiss the filing of information for the crime of
Estafa under Article 315(b) of the Revised Penal Code of the Philippines, against the
Respondent, Mr. X.
Other reliefs just and equitable are likewise prayed for.
City of Makati. 14 March 2015.
PIERRE PRINCIPE
Counsel for Private Respondent
PTR No. 1224644-04/20/12-Manila
IBP No. 518284-04/20/12-Manila
Roll of Attorney No. 44369
VERIFICATION
(be clear and straight to the point use plain English language avoid complicated
words even though it sounds good make it easy for the reader to read your point, be
concise, choose circumstances and facts at best are neutral facts, but of course use
words that can help you, be careful that the other words you use may be used
against you, be consistent with the titles you use)
I, MR. X, of legal age, single and residing at 123 Maginhawa St. Maginhawa
Village, Makati City, after being duly sworn, depose and state; that I am the
Respondent in the above-entitled case: that I have caused preparation and filing of
the Petition for Review to the Honorable Secretary of Justice; that I have read the
same and all the allegations therein, including the documents appended thereto;
that the same are true and correct based on my personal knowledge and copies of
authentic records of the case in my possession.
____________________
MR. X
SUBSCRIBED AND SWORN to before me this 14th day of March 2015 at the
City of Makati.
DINA RAMA
Notary Public
Copy Furnished:
ATTY. MARK CO
Counsel for Respondent
Co and Sy Law Offices