Republika ng Pilipinas

Lalawigan ng Batangas
BULWAGAN NG KATARUNGAN
Pallocan, Lungsod ng Batangas
TANGGAPAN NG PANLALAWIGANG TAGAUSIG
ROMEO T. REYES,
Complainant,

NPSD NO. IV-02-INV-11F-00567

- against -

- for -

MARIVIC P. CAGUIMBAL,
ARTICLE 315, PAR. 2 (d)
Respondent.
Estafa
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RESOLUTION
Complainant Romeo T. Reyes charged respondent Marivic Perez
Caguimbal of Article 315, par. 2 (d) estafa.
Evidence for the complainant shows that he is a proprietor of ATM Metro
lending located in Barangay E, Poblacion, Rosario, Batangas. On November 16,
2010, respondent Marivic Perez Caguimbal applied for ATM Loan of Thirty
Thousand Pesos (P30,000.000 in Rosario, Batangas. Respondent represented to
complainant that she is a business woman engaged in vegetable dealership at the
Rosario Public Market and that she is an Automated Teller Machine (ATM) Card
Holder for her husbands remittance from abroad in the amount of Twenty
Thousand Pesos (P20,000.00) monthly. Respondent also assured the payment of
the loan by surrendering the Land Bank ATM Card under SA 2066-0409-60 and
issued three Sunrise Rural Bank postdated checks with Nos. 0411139, 0411140
and 0411141 in the amount of Eleven Thousand Five Hundred Pesos (P11,500.00)
dated December 16, 2010, January 16, 2011 and February 16, 2011 respectively.
On the basis of the said representations, complainant approved and released the
loan application of respondent in the amount of Thirty Thousand Pesos. The said
checks were deposited for payment on their due dates but were dishonored for
reason Account Closed. On April 28, 2011 complaint sent a demand letter to
respondent and the same was received by Mea Caguimbal. Despite demand,
respondent failed to make good the value of the aforesaid checks.

NPSD NO. IV-02-INV-11F-00567

Resolution
Page 2 -

Respondent did not submit any counter-affidavit despite opportunities

afforded to her.
Based on the unctroverted facts, undersigned finds that probable cause for
other deceits and three (3) counts of violation of Batas Pambansa Bilang 22.
Records show that respondent obtained a loan of Thirty Thousand Pesos
(P30,000.00) on November 16, 2010 and issued three checks on the same date in
the amount of Eleven Thousand and Five Hundred Pesos (P11,500.00) each. It
appears that the said checks were issued and intended by the parties only as
promissory note considering that the maturity of the checks were December 16,
2010, January 16, 2011 and February 16, 2011. The amounts of the first, second
and third checks will cover the payment in full of respondents loan. As such, they
were delivered as mere security for the payment of the loan by installments. In
addition to, she can be held liable for three (3) postdated checks which were
dishonored when deposited for payment and despite demand, she fails to make
good the value of the said checks.
Viewed in the light of the above, undersigned respectfully recommends that
respondent be indicted for one (1) count of Other Deceits and three (3) counts of
Violation of BP 22.
Batangas City, August 8, 2011.
PETER A. BELOSO
Prosecutor II
(Assistant Provincial Prosecutor)
RECOMMENDING APPROVAL:
BELLA SALVA-GAYETA
Prosecutor IV
(Senior Deputy Provincial Prosecutor)
APPROVED:
BENITO E. LAT
Prosecutor V
(Provincial Prosecutor)
Copy furnished:

Romeo T. Reyes # 126 J. Magtibay St., Brgy. B, Poblacion, Rosario, Batangas

Marivic P. Caguimbal 264 Bagong Pook, Rosario, Batangas
PAB/agm