Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR
Makati City



Ma. Theresa S. Pamintuan,
Complainant,

-versus-

Jesus Salvador @ Lukey Lo,
Respondent.
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NPS No. XV-05-INV-09F-01882/MAEA

For: Estafa and Falsification under the
Revised Penal Code, as amended.



RESOLUTION


This resolves the complaint for Estafa under Article 315, 2 (a) and Falsification of
Private Document under Article 172 of the Revised Penal Code, as amended, filed by
Ma. Theresa S. Pamintuan against Jesus Salvador @ Lukey Lo.

Complainant is the owner and president of Tele Tech Marketing Communications
Incorporated (Tele Tech for brevity). Tele Tech is being outsourced by different hotels
and establishments to sell their membership cards to the public. Respondent is a
contractual employee of the complainant.

Sometime in 2008, respondent is hired as one of the sales agent of Tele Tech.
The sale is done through telephone calls to prospective clients. If the prospective client
will accede to the terms of sale, the respondent will process the necessary documents
and mail it to the prospective client. The only thing needed in the transaction is the
credit card number of the prospective client. Respondent is being paid on a commission
basis per confirmed sell.

Starting November 2008 to May 2009, Tele Tech starts receiving complaints from
credit card holders denying that they buy membership card being sold through Tele
Tech. An investigation is conducted by Tele Tech and it found out that the sales made
by the respondent are without consent of the credit card holders. Respondent is able to
make twenty-six (26) purchases of membership card without any authority from credit
card holders. From those purchases, respondent receive thirteen thousand one hundred
ten pesos (PHP 13,110.00) by way of commission.

Respondent did not submit counter-affidavit nor did appear during the preliminary
investigation. He is deemed to have effectively waived the right to present controverting
evidence.

After a careful study of the facts of the case, the undersigned finds that probable
cause to indict the respondent for Estafa and Falsification do not exist. Nowhere in the
complaint allege that respondent use deceit or abuse of confidence in order to get the
credit card numbers of the prospective clients. There is no allegation also that
respondent employs the false pretenses as enumerated in Art. 315, par. 2 (a). Nowhere
in the complaint also allege what documents the respondent falsified. However,
respondent is held responsible for Other Forms of Deceit under Article 318 (1) of the
Revised Penal Code, as amended.

WHEREFORE, it is respectfully recommended that respondent Jesus Salvador
@ Lukey Lo be indicted to Other Form of Deceit under Article 318 par. 1 of the Revised
Penal Code, as amended.

Makati City, September 1, 2009.


Ma. Agnes E. Alibanto
Prosecutor


APPROVED:


FELICIANO A. ASPI
City Prosecutor





Copy Furnished:

Ma. Theresa S. Pamintuan
Tele Tech Marketing Communications Incorporated
Ortigas, Pasig City


Jesus Salvador @ Lukey Lo
Imus, Cavite