Republic of the Philippines)

City of Cebu )S.S.

COMPLAINT - AFFIDAVIT

I, Jessie Doe, of legal age, Filipino, single, with

residence and postal address at Paradise II,
Kasambagan, Cebu City after having been duly sworn
to in accordance with law do hereby depose and
state, that -

1. I am the complainant of this case for

violation of Article 315, paragraph 2(a) of the
Revised Penal Code or Swindling (Estafa) against
Juan Ylad.

2. The respondent of this case is Juan Ylad, of

legal age, Filipino, single, with residence and
postal address at M.C. Briones St., Maguikay,
Mandaue City doing and doing business under the
name of Green Pasture Worldwide Tours and
Consultancy.

3. I am a Civil Engineer by profession and was

previously working in BuildFast Inc. when I met
Andrew Ylad, a workmate and a cousin of Juan Ylad,
from whom I know that the latter was operating an
overseas employment agency.

4. On November 12, 2016, I, Andrew Ylad and

Juan Ylad met in Starbucks in Ayala, Cebu City
wherein Juan Ylad invited me to come to his office
in Ouano Buiding, M.C. Briones St., Maguikay,
Mandaue City.

5. On November 14, 2016, I and my father, John

Doe, went to his office on the address stated
above. Outside his office a tarpaulin was hanged
stating Green Pasture Worldwide Tours and
Consultancy. On the said meeting, Juan Ylad
encouraged me to work abroad and told me that he
would be able to send me to Saudi Arabia. He told
me that he had already sent 20 Civil Engineers to
Saudi Arabia 5 of which to Arabian Construction
Company in Jeddah, Saudi Arabia, another 5 to Saudi
Lebanese Tarouk Contracting Company in Riyadh,
Saudi Arabia and the rest to Al Fouzan Trading &
General Construction Co. also in Riyadh, Saudi
Arabia. Also, he told me that the average salary of
a Civil Engineer in Saudi Arabia is SAR 105,524 per
year, with free board and lodging and that the
employees would be allowed to take one month leave
with pay per year, all travel expenses being
shouldered by the employer and a life insurance
policy worth P1,500,000.00. On the last note, he
told me to return on the following day should I
made up my mind working in Saudi Arabia because
there was then an urgent hiring and there are
already several applicants for the said position.

6. On the following day, November 17, 2016,

Juan Ylad called me on the contact number I left
him, advising me to take this once in a lifetime
opportunity and even reminding me that opportunity
knock only once. He then asked me to send my resume
to JuanYladGPWTCGo@gmail.com so that he could
forward it to my prospective employers.

7. Believing that there is no harm in trying

and on the promises of green pastures, I sent him
my resume right after we finished talking.

8. On November 19, 2016, Juan Ylad called me

again and asked me to come to his office so that he
could give me the details of the job offer, telling
me that Al Fouzan Trading & General Construction
Co. is very interested in me after considering my
work experiences.

9. On that same day, after my work, I drop by

at his office and he told me that I have to decide
on that very moment, otherwise, the job will be
offered to the other applicant. He even showed me a
letter sent to him purportedly from Al Fouzan
Trading & General Construction Co. stating that the
work is urgent and that worker shall be sent before
the end of 2016.

10. After the assurances of Juan Ylad that the

job offer is legitimate and that their agency would
take care of all the necessary documents including
my passport and visa, I agreed to accept the job
offer. He assured me that I was in safe hands and
that I will receive a copy of the job offer and
employment contract once all the requirements will
be submitted. At this juncture, he suggested that I
should resign from my work so that I can focus in
the preparation of my requirements and for
examinations that I have to take, although these
examinations are just mere assessments and are not
considered as condition for employment.

11. I was very elated at that time considering

that I am now starting to fulfil my lifelong
dreams. After much consideration and consultation
with my father, John Doe, I tendered my resignation
on November 21, 2016 and requested that it should
take effect immediately.

12. On November 21, 2016, Juan Ylad called me

and informed me that I have to report to his office
at 8:00 A.M. on November 22, 2016, telling to bring
my NSO Birth Certificate.

13. When I went to his office to give my NSO

Birth Certificate on November 22, 2016, Juan Ylad
told me that I have to pay Seventy Five Thousand
Pesos (P75,000.00) for the facilitating fees of my
Visa and Passport, and Twenty Five Thousand Pesos
(P25,000.00) for my medical examinations. However,
he told me not to worry because all of my expenses
will be reimbursed by my employer once all the
requirements will be submitted.

14. I was disheartened upon hearing that I have

to dole out funds for my work application. I told
my father, John Doe, that I would not push through
with my work application in Saudi Arabia because we
have no funds to pay for my visa, passport and
medical exams. But my father was insistent; he told
me that if I really believed on this job
opportunity, he is willing to mortgage our house
and lot.

15. On November 23, 2016, on the strength of

the promises of Juan Ylad, we mortgaged our house
and lot to my grandmother, Sigura Doe, for One
Hundred Thousand Pesos (P100,000.00). On that same
date, my father accompanied me to Juan Ylad to give
the One Hundred Thousand Pesos (P100,000.00). The
amount was received by Juan Ylad and a receipt was
issued for the said amount indicating the words,
for processing fees, a copy of such receipt is
hereby attached as ANNEX A.

16. On November 25, 2016, I underwent a medical

examination on Hi-Precision Diagnostics, Diamond
Plaza -Bldg. 2. M.C. Briones, Mandaue City. The
expenses of the medical examination were shouldered
by Green Pasture Worldwide Tours and Consultancy.

17. On November 30, 2016, I went to Royal

Embassy of Saudi Arabia in Salcedo Village, Makati
City for an interview. It was a one day trip. The
expenses of my fare were shouldered by Green
Pasture Worldwide Tours and Consultancy.

18. On the same date, I was told by Juan Ylad

to wait for a week for the result of the medical
examination and the visa interview and that I would
also be receiving my passport in one week time.

19. I was confident that everything will turn

out fine so I waited for the call of Juan Ylad on
the following week. However after two weeks, I
havent heard anything from Mr. Juan Ylad so I
called him with the cellular number he had been
using in calling me. This number could not be
reached even after several attempts.

20. On December 12, 2016, I went to his office

but I was told by the guard that Juan Ylad was then
on a Christmas vacation with his family.

21. On December 19, 2016, I returned to his

office but it was also closed.

22. On December 23, 2016, I tried my luck and

visited his office to no avail.

23. Right after Christmas, on December 26,

2016, I went again to his office but it was still
closed. I decided to let the New Year pass by
convincing myself that he would return after the
yuletide season.

24. On January 3, 2015, I went again to his

office, only to find out that the place was already
offered for rent. On that same day, at his former
office, I met several others who suffered the same
fate with me, particularly Mr. and Mrs. Rowell and
Lisa Dikaagwanta, who intimate their willingness to
be a witness should I, file criminal complaint
against Juan Ylad.

25. I proceeded to the Philippine Overseas

Employment Administration (POEA) and verified the
registration of Green Pastures Worldwide Tour and
Consultancy Corporation. The POEA informed me that
it was not registered with the POEA and gave a
certification to the effect that the said agency
was not licensed to recruit employees for abroad. A
copy of the said certification is hereby attached
as ANNEX B.

26. These turn of events convinced me that Juan

Ylad is a fraud. On the strength of these
circumstances, my father advised me to file a
criminal complaint against Juan Ylad. I am left
with no recourse but to file this complaint. May
the odds be ever in my favor.

27. 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.

Article 315, paragraph 2(a) of the Revised

Penal Code defines estafa as:

Art. 315. Swindling (estafa). - Any person who

shall defraud another by any of the means mentioned
hereinbelow x x x:

x x x x
 2. 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.

28. The Court said in the case of Rosita Sy v.

People of the Philippines, G.R. No. 183879, April
14, 2010, there are three 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.

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.

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; (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.
 29. In the instant case, all the foregoing
elements are present.

Juan Ylad misrepresented and falsely pretended

that he had the capacity to deploy Jessie Doe for
employment in Saudi Arabia.

The misrepresentation was made prior to Jessie

Does payment to Juan Ylad of One Hundred Thousand
Pesos (P100,000.00).

It was Juan Ylads misrepresentation and false

pretenses that induced Jessie Doe to part with his
money.

As a result of Juan Ylads false pretenses and

misrepresentations, Jessie Doe suffered damages as
the promised employment abroad never materialized
and the money he paid was never recovered. More so,
I resigned in my previous employment on the belief
that I would be deployed to Saudi Arabia on before
the end of December 2016.

30. Juan Ylad committed deceit by representing

that he could secure me with employment in Saudi
Arabia, the primary consideration that induced me
to part with his money. I was led to believe by
Juan Ylad that he possessed the power and
qualifications to provide me with employment
abroad, when, in fact, he was not licensed or
authorized to do so. Deceived, I parted with my
money and delivered the same to Juan Ylad. Plainly,
Juan Ylad is guilty of estafa.

31. I have neither received any communication

from Juan Ylad ever since November 30, 2016, nor
did he appear to have returned to his previous
office.

32. All of my dreams were now reduced into

ashes while my parents are left with debts without
any means to pay. I am left staring at the darkness
of the night wondering when I could ever recover in
this untimely predicament. I am in mental anguish,
experiencing sleepless nights and suffering wounded
feelings.

33. I am filing this affidavit to support my

complaint against Mr. Juan Ylad for violation of
Article 315 paragraph 2(a) of the Revised Penal
Code and for whatever legal purposes that this may
serve.

In witness whereof, I hereby set my hand this

February 18, 2017 in Cebu City, Philippines.

Jessie Doe
Complainant - Affiant