Republic of the Philippines

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
QUEZON CITY

Charles Henri Go, ET. Al.,

Complainants,

vs. NPS Docket No. ______________

For: Estafa (Under Article 315
Par 2 (a) of
the Revised Penal Code)

ADAN DONOVAN TACHIBANA and

WILLIAM PASCARAN,
Respondents,
x- - - - - - - - - - - - - - - - - - - - - - - - -x

COMPLAINT

We, Charles Henri Go, of legal age, Filipino, single, and with
residential address at 27 Dalton Filinvest 2 Batasan Hills, Quezon
City;

Earvin Ang, of legal age, Filipino, single, and with residential

address at 55 Jasmin Street Roxas District, Quezon City;

Rodyrick Magbuhos, of legal age, Filipino, single, and with

residential address at 11A Science Street Victoria Subdivision,
Tandang Sora, Quezon City;

Miguel Salamat, of legal age, Filipino, single, and with

residential address at 1247D Laon Laan corner Navara Barangay
47, Sampaloc, Manila;
Jerwin Hu, of legal age, Filipino, single, and with residential
address at 38 Unit I Apo Street, Barangay Sta. Teresita, Quezon
City;
Carlo Aggabao, of legal age, Filipino, single, and with
residential address at Unit C 775 Metrica Street, Sampaloc,
Manila;

Leo Lalusis, of legal age, Filipino, single, and with residential

address at 1163 P. Noval Street, Sampaloc, Manila;

Michael Villavicencio, of legal age, Filipino, single, and with

residential address at 65-C Roces Avenue, Quezon City;

David Pura, of legal age, Filipino, single, and with residential

address at 1228 San Antonio Street, Sampaloc, Manila and

Justin Ryan Uy, of legal age, Filipino, single, and with

residential address at 12 La Salle Street, Cubao, Quezon City,
after being sworn to in accordance with the law, hereby accuse:

ADAN DONOVAN TACHIBANA, of legal age, Filipino, single

and with residential address at Timothy Street Corner
Mahogany Phase 4, Multinational,
Paraaque City; and WILLIAM PASCARAN, of legal age,
Filipino, single and with residential address at Xanland Place
Room 405-406 Katipunan, Quezon City for Violation of
Article 315 par. 2 (a) of the Revised Penal Code and
hereby committed as follows:

1. On August 2015, William Pascaran (Pascaran , for brevity)

and Adan Donovan Tachibana ( Tachibana, for brevity) formed
Fly International Group which promises that upon investing a
certain amount of money, that investment will be doubled
within a certain period of time.

2. At Quezon City, Mr. Leo Lalusis Justin Ryan Uy, Michael

Villavicencio, David Pura and was recruited by Pascaran and
 Tachibana to invest their own money as pioneer investors and
was induced that their money will be doubled if they refer
other investors.
[I, Leo Lalusis, of legal age, Filipino, single, and with
residential address at 1163 P. Noval Street, Sampaloc, Manila
after having been duly sworn to in accordance with law, do
hereby depose and state, that:

a. Sometime on June 2015, a friend of mine named Franz

Javier introduced me to William Pascaran and Adan
Donovan Tachibana.
b. After going along with them for a week, William Pascaran
and Adan Donovan Tachibana asked me if I want to invest
money in their investment group named Fly International
Group in which my money will be doubled in two week
time on the condition that I will refer other investors to
invest money in the group.
c. Due to the enticing promise that my money will be
doubled, I invested my personal savings and gave my
money to Adan Donovan Tachibana personally which
amounts to P100,000.00 in cash sometime on last week
of July 2015 in Quezon City.
d. I referred some of my friends in school to the Fly
International Group as investors and accompany them to
give their money personally either to William Pascaran or
Adan Donovan Tachibana as their investment.
e. The referrals I made were considered as down line
investors according to William Pascaran and Adan
Donovan Tachibana.
f. After two weeks, Mr. Tachibana updated me that my
investment has doubled and that he promised me that if I
will reinvest my money such investment will again be
double. Due to the enticing promised of Mr. Tachibana I
reinvest such money.
g. When the operation of Fly International Group suddenly
stopped sometime on the last week of October 2015, I
immediately contacted William Pascaran and Adan
Donovan Tachibana to inquire about the money invested
 by me and my friends whom I referred but they did not
answer any of my phone calls.
h. Diligent efforts were done on my part to contact them, to
refund my money and the money of my friends, but
proved futile.
i. Sometime on last week of November 2015, William
Pascaran Sr., father of William Pascaran jr, contacted me
and even met with me together with my friends who
invested in the group in Quezon City. William Pascaran Sr.
promised us that they will settle the situation by returning
the money.
j. We held on to the promise of William Pascaran Sr., but
months had passed and still no money was returned by
them.

I am executing this affidavit to support my claim against

William Pascaran and Adan Donovan Tachibana and for
whatever legal purpose it may serve.

[I, Justin Ryan L. Uy, of legal, age, Filipino,single, and with

residential address at 12 La-Salle street cubao qc after having
been duly sworn to in accordance with law, do hereby depose and
state, that:

a) Sometime on 2014, I was introduced by my friend Franz

Javier to William Pascaran. And Mr. William Pascaran then
introduced me to Dan Tachibana in 2015.
b) Mr. Pascaran and Mr. Tachibana became my good friends,
since then we always get together.
c) In June 2015, my good friends, Mr. Pascaran and Mr.
Tachibana asked me to meet them at a coffee shop around
Quezon City for catching up since it has been months that
we last bonded. I went to Starbucks in Tomas Morato to
meet them then while having a conversation, the two then
ask me if I am interested to earn money because they
 formed a group called Fly International, which promises that
upon investing a certain amount of money it will be doubled
and that the only requirement is that I should also invite
other investors. I said Ill think about it.
d) After a few weeks, I decided to invest my own money since
the two were my good friends and because of the enticing
promised that my hard earn money will be doubled I trusted
them.
e) First I invested P100,000, then after few days I added
another P150,000 and another P150,000 after 1 week. In
total I invested P400,000 which I personally gave to them. I
was considered as their downline and I was forced to invite
or recruit other people.
f) After two weeks, Mr. Pascaran and Mr. Tachibana updated
me that my investment has doubled and that he promised
me that if I will reinvest my money such investment will
again be double. Due to the enticing promised of Mr.
Tachibana I reinvest such money.
g) I was able to refer other people such as my friends, family
relatives, colleagues who I accompanied to meet Mr.
Pascaran and Mr. Tachibana and they personally gave their
investment personally to Mr. Pascaran and Mr. Tachibana.
And the two also promised to the people I referred to them
that the amounts they invested will also be doubled.
h) The people I referred to them were also considered as their
downlines because the two were considered as the top line
or head of the Fly International.
i) After sometime the operation went well but on Oct 2015 the
operation of fly international group suddenly stopped. And
we immediately call and asked the two what happened but
the two was never to be found.
 j) All efforts was done for the two to be found but the two
escaped and nowhere to be found with our hard earn money
and the investment given by the other people.
k) On November 2015, we were able to contact the father of
William Pascaran, William Pascaran sr. which promised that
they will settle the amount with the conditions that we shall
not file a formal complaint against his son, Mr William
Pascaran jr and Mr. Tachibana.
l) We believed again in their words since all we want is to get
our money back which was deceptively taken by the two.
m) But months after the promised made by the father, all
of them again was never to be found and all our demand
was left at deaf ear. Up until now, they are nowhere to be
found with our hard earn money which the two have
promised to be doubled.
I am executing this affidavit to support my claim against William
Pascaran Jr. and Adan Donovan Tachibana and for whatever legal
purpose it may serve.

[I, Jan Michael P. Villavicencio, of legal age, Filipino, single,

and with residential address of 65-C Roces Avenue Quezon city
after having been duly sworn to in accordance with law, do
hereby depose and state, that:

a) Sometime on August 2015, my cousin William Pascaran Jr.

Together with his friend Adan Donovan Tachibana met with
me to hangout. The two then asked me if I interested to
earn money because they formed a group called Fly
International
b) After a couple of weeks William Pascaran Jr. and Adan
Donovan Tachibana introduced Fly International to me.
Wherein my money will be doubled and the only
requirement is that i need to refer investors to invest in Fly
International.
 c) So sometime on September 2015, I invested money which
amounts to P48,000.00 in cash and gave it personally to
Adan Donovan Tachibana.
d) After two weeks, Mr. Pascaran and Mr. Tachibana updated
me that my investment has doubled and that he promised
me that if I will reinvest my money such investment will
again be double. Due to the enticing promised of Mr.
Tachibana I reinvest such money.
e) I also referred some of my friends to invest money in Fly
International Group and accompanied them to give the
money personally either to William Pascaran Jr. or Adan
Donovan Tachibana as their investment.
f) The referrals i made were considered as down lines of
William Pascaran Jr. and Adan Donovan Tachibana.
g) Then on the last week of October 2015, the group Fly
International suddenly stopped their operations. So I
immediately contacted my cousin William Pascaran Jr. to ask
about the sudden stop of the operations but there was no
answer.
h) Up to this date, the two was still nowhere to be found with
our hard earn money.

I am executing this affidavit to support my claim against William

Pascaran Jr. and Adan Donovan Tachibana and for whatever legal
purpose it may serve.

[I, David Pura, of legal age, Filipino, single, and with residential
address at 1228 San Antonio Street, Sampaloc, Manila after
having been duly sworn to in accordance with law, do hereby
depose and state, that:

a) Sometime on June 2015, my friends, Mr William Pascaran

and Mr Adan Donovan Tachibana asked me to meet them
somewhere in Quezon City for a simple get together since it
has been years that we last see each other.
b) During our get together the two then asked me if I am
interested to earn money and willing to invest in their
 investment group named Fly International Group in which
my money will be doubled in two week time on the condition
that I will refer other investors to invest money in the group.
c) At first as I was hesitant to invest money but since they are
my friends and due to the enticing promise of doubling my
money after 2 weeks from our last meet up, I meet them
again in Quezon City and decided to invest my personal
savings in the amount of P75,000.00 in cash.
d) After two weeks, Mr. Pascaran and Mr. Tachibana updated me
that my investment has doubled and that he promised me
that if I will reinvest my money such investment will again
be double. Due to the enticing promised of Mr. Tachibana I
reinvest such money.
e) After investing my own personal money I started referring
my friends in schools and other colleagues to join and invest
their money to the Fly International Group as investors and
accompany them to give their money personally either to
William Pascaran or Adan Donovan Tachibana as their
investment.
f) The referrals I made were considered as down line investors
according to William Pascaran and Adan Donovan Tachibana.
g) Few weeks after personally referring my friends to Mr
William Pascaran nad Mr Adan Donovan, I contacted them to
inquire and asked about the status of our investments since
it 2 weeks has already passed but the two was nowhere to
be found.
h) Sometime in last week of October 2015, we discovered that
the Fly International Investment Group which Mr William
Pascaran and Mr Adan Donovan created has already stopped
operating.
i) Furious and shocked of the said event, we contacted Mr
William Pascaran and Mr Adan Donovan but the two was
nowhere to be found with our hard earned money which we
invested hoping that it will be doubled because of the
enticing promise made by Mr William Pascaran and Mr Adan
Donovan.
 j) Diligent efforts were done on my part to contact them, to
refund my money and the money of my friends, but proved
futile.

I am executing this affidavit to support my claim against William

Pascaran and Adan Donovan Tachibana and for whatever legal
purpose it may serve.

[I, Rodyrick Magbuhos, of legal age, Filipino, single, and with

residential address at 11A Science Street Victoria Subdivision,
Tandang Sora, Quezon City after having been duly sworn to in
accordance with law, do hereby depose and state, that:

a) Sometime on August 2015, in Quezon City, I gave

P200,000.00 money in cash to Adan Donovan Tachibana who
personally received it, witnessed by Mr. Leo Lalusis, as my
investment in fly international group. I invested my hard-
earned money because of the promised of Mr Tachibana that
it will be doubled after two weeks.
b) I invested my money because of the enticing promised of Mr
Tachibana since the latter seems to be a good person and he
is very good in enticing persons to invest their money.
c) I am executing this affidavit to support my claim against Fly
International Group, William Pascaran and Adan Donovan
Tachibana and for whatever legal purpose it may serve.

[I, Carlo Aggabao, of legal age, Filipino, single, and with

residential address at Unit C 775 Metrica Street, Sampaloc,
Manila after having been duly sworn to in accordance with law, do
hereby depose and state, that:
 a) Sometime on August 2015, I gave P 150,000.00 money in
cash to William Pascaran who personally received it,
witnessed by Mr. Leo Lalusis and David Pura, in Quezon City
as my investment in Fly International Group.
b) Two weeks after that date, I gave P 30,000.00 money in
cash to William Pascaran who personally received it,
witnessed again by Mr Leo Lalusis and David Pura, in Quezon
City as my second investment in Fly International Group.
c) I invested my hard-earned money because of the promised
of Mr Pascaran that it will be doubled after two weeks. Mr
Pascaran seems to be a good man and he gain my trust in
time since he seems to be an expert in enticing persons to
invest their money in their scheme.
d) I am executing this affidavit to support my claim against Fly
International Group, William Pascaran and Adan Donovan
Tachibana and for whatever legal purpose it may serve.

I, Charles Henry Go, of legal age, Filipino, single, and with

residential address at 27 Dalton Filinvest 2 Batasan Hills, Quezon
City after having been duly sworn to in accordance with law, do
hereby depose and state, that:

a) Sometime on September 2015, I gave P 150,000.00 money

in cash to William Pascaran who personally received it,
witnessed by my friend, Justin Ryan Uy in Quezon City as
my investment in Fly International Group.
b) On the following week, I gave P 150,000.00 money in cash
to William Pascaran who personally received it again,
witnessed by my friend, Justin Ryan Uy in Quezon City as
my second investment in Fly International Group.
c) I invested my hard-earned money because of the promised
of Mr. Pascaran that it will be doubled after two weeks and
 with the hope that my money will indeed be doubled due to
the expert enticing of Mr. Pascaran
d) I am executing this affidavit to support my claim against Fly
International Group, William Pascaran and Adan Donovan
Tachibana and for whatever legal purpose it may serve.

[I, Earvin Ang, of legal age, Filipino, single, and with residential
address at 55 Jasmin Street Roxas District, Quezon City after
having been duly sworn to in accordance with law, do hereby
depose and state, that:

a) Sometime on September 2015, I gave P 100,000.00 money

in cash to William Pascaran who personally received it,
witnessed by my friend, Justin Ryan Uy in Quezon City as
my investment in Fly International Group.
b) I invested my hard-earned money because of the promised
of Mr. Pascaran that it will be doubled after two weeks and
due to the false pretense of the latter in enticing me and
making me believed that my investment will surely double.
c) I am executing this affidavit to support my claim against Fly
International Group, William Pascaran and Adan Donovan
Tachibana and for whatever legal purpose it may serve.

[I, Miguel Salamat, of legal age, Filipino, single, and with

residential address at 1247D Laon Laan corner Navara Barangay
47, Sampaloc, Manila after having been duly sworn to in
accordance with law, do hereby depose and state, that:

a) Sometime on September 2015, I gave P 250,000.00 money

in cash to Adan Donovan Tachibana who personally received
it, witnessed by Michael Villavicencio in Quezon City as my
investment in Fly International Group.
 b) Two weeks from that date, I gave P 200,000.00 money in
cash to Adan Donovan Tachibana who personally received it,
witnessed by, Michael Villavicencio in Quezon City as my
second investment in Fly International Group
e) I invested my hard-earned money because of the promised
of Mr. Tachibana that it will be doubled after two weeks. Mr
Tachibana seems to be a good man and he gain my trust in
time since he seems to be an expert in enticing persons to
invest their money in their scheme.
c) I am executing this affidavit to support my claim against Fly
International Group, William Pascaran and Adan Donovan
Tachibana and for whatever legal purpose it may serve
[I, Jerwin Hu, of legal age, Filipino, single, and with residential
address at 38 Unit I Apo Street, Barangay Sta. Teresita, Quezon
City after having been duly sworn to in accordance with law, do
hereby depose and state, that:

a) Sometime on August 2015, I gave P 110,000.00 money in

cash to Adan Donovan Tachibana who personally received it,
witnessed by Justin Ryan Uy, Michael Villavicencio, David
Pura and Leo Lalusis , in Quezon City as my investment in
Fly International Group.
b) I invested my hard-earned money because of the promised
of Mr. Tachibana that it will be doubled after two weeks and
with the hope that my money will indeed be doubled due to
the expert enticing of Mr. Tachibana.
c) I am executing this affidavit to support my claim against Fly
International Group, William Pascaran and Adan Donovan
Tachibana and for whatever legal purpose it may serve

3. A Facebook page named Fly International Group was created

by William Pascaran and Adan Donovan Tachibana wherein,
 the investors can be updated regarding the investments . (copy
of the said document is hereby attached as Annex 1)

4. Suddenly the operation of the business stopped on the third

week of October 2015. It was found out by Justin Ryan Uy,
Michael Villavicencio, David Pura and Leo Lalusis and other
investors that Pascaran and Tachibana get away with all the
investment still in their possession.

5. Worried and stressed, the investors demanded refund of hard-

earned money, but because of the said actions done by
Pascaran and Tachibana, there was no money left to return the
investments.

6. Repeated demands were sent by investors to Pascaran and

Tachibana. William Pascaran Sr, William Pascarans father,
contacted the investors upon obtaining knowledge of the
scheme and even met with herein complainants personally,
sometime on November 2015, wherein, he made promises
that they will settle the refunds.

7. Due to the promises of Pascaran, William Pascaran Sr., and

Tachibana that they will settle the refunds, we did not file any
complaint.

8. Despite repeated demands, to return the hard-earned money

which Mr Pascaran and Mr Tachibana promised to be doubled,
still there was no refund made by the said persons. (copy of the
said demand letter is hereby attached as Annex 2)

9. By reason thereof, respondents ADAN DONOVAN

TACHIBANA and WILLIAM PASCARAN should be held
criminally liable for violation of Article 315 par. 2 (a) of the
Revised Penal Code.
 Presence of all Essential Elements of violation Article 315
par. 2 (a) of the Revised Penal Code.

The law provides that:

Art. 315. Swindling (estafa). Any person who shall
defraud another by any of the means mentioned herein XXX
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 fictitious name, or falsely pretending to possess
power, influence, qualifications, property, credit, agency, business
or imaginary transactions, or by means of other similar deceits.
XXX XXX XXX XXX

The elements of the felony are as follows:

1. That there must be a false pretense, fraudulent act or

fraudulent means.

2. That such false pretense, fraudulent act or fraudulent

means must be made or executed prior to or simultaneously with
the commission of the fraud.

3. That the offended party must have relied on the false

pretense, fraudulent act, or fraudulent means, that is, he was
induced to part with his money or property because of the false
pretense, fraudulent act, or fraudulent means.

4. That as a result thereof, the offended party suffered

damage.

ADAN DONOVAN TACHIBANA and WILLIAM PASCARAN

committed fraud by falsely pretending that they are members of
a legitimate corporation which induced different persons to invest
hard-earned money in anticipation that it will be doubled in two
week time as promised.

1. Fraud in its general sense is deemed to comprise anything

calculated to deceive, including all acts, omissions, and
concealment involving a breach of legal or equitable duty,
trust, or confidence justly reposed, resulting in damage to
another, or by which an undue and unconscientious advantage
is taken of another. It is a generic term embracing all
multifarious means which human ingenuity can device, and
which are resorted to by one individual to secure an
advantage over another by false suggestions or by
suppression of truth and includes all surprise, trick, cunning,
dissembling and any unfair way by which another is cheated.
And deceit is the false representation of a matter of fact
whether by words or conduct, by false or misleading
 allegations, or by concealment of that which should have been
disclosed which deceives or is intended to deceive another so
that he shall act upon it to his legal injury. (RICARDO
ALCANTARA VS COURT OF APPEALS G.R. No.
147259 November 24, 2003)

2. We are executing this affidavit to attest to the truthfulness of

the foregoing facts and the same is being issued in support of
our criminal complaint against respondents WILLIAM
PASCARAN and ADAN DONOVAN TACHIBANA for violation of
Article 315 par. 2 (a) of the Revised Penal Code.

IN WITNESS WHEREOF, WE have hereunto set our hand and

affix our signature this ___ day of _______ 2017 at Quezon
City.

Charles Henri Go David Pura

Earvin Ang Rodyrick Magbuhos
Leo Lalusis Miguel Salamat
Michael Villavicencio Jerwin Hu
Justin Ryan Uy Carlo Aggabao
Affiants-Complainants

SUBSCRIBED AND SWORN TO before me this ___day of

March 2017 at Quezon City. This is to certify further that I have
personally examined the affiants and I am satisfied that they
understood the foregoing statements and that they voluntarily
and knowingly executed the same based on their personal
knowledge.
ADMINISTERING OFFICER
ANNEX 1
ANNEX 2