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Republic of the Philippines

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
City of Baguio

FRANCIS VELASCO
Complainant,
NPS: NO: 1-17-INV-17-1751

-versus- FOR: THEFT and ESTAFA

AGNES V. WAGAYEN,
DOMINGA V. OBER, and
JUAN L. VELASCO,
Respondent.

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RESOLUTION

On November 7, 2017, the complainant files a motion to


reconsider the Joint Resolution of this office dated
September 26, 2017 which dismissed the complainant for
CARNAPPING and QUALIFIED THEFT for lack of probable
cause, however, the Resolving Public Prosecutor found
probable cause for the offenses of THEFT under Article 308 of
the Revised Penal Code and ESTAFA under Article 315
paragraph 2 (a) of the same Code.
In the Joint Resolution dated September 26, 2017, the
Resolving Public Prosecutor found no probable cause to charge
the respondents for the crime of CARNAPPING. The vehicle of
the complainant was impounded by the DOTR-LTO and is in
their possession and not in the possession of the respondents.
The Resolving Public Prosecutor, in the same Joint
Resolution, found no probable cause to charge the
respondents for QUALIFIED THEFT. There is no grave abuse of
confidence in this case because the complainant and
respondents have a contentious relationship with each other
due to the fact that they have filed cases against each other in
the past. The relationship alone does not establish grave
abuse of confidence. It obviously appears that complainant
has no special confidence in any of the respondents.
However, the Resolving Public Prosecutor indeed found
probable cause to charge the respondents for the crime of
THEFT and ESTAFA.
FOR THE CRIME OF THEFT OF THE LICENSE PLATE
After considering the contentions of the Respondents and
re-evaluating the evidences on record, it appears that the
elements for the THEFT as provided under Article 308 of
the Revised Penal Code were indeed present in the case.
There is a taking of personal property (license plate); the
property taken belongs to the complainant by virtue of the
Memorandum of Agreement executed by Respondents and the
complainant in favour of the latter; the taking was done with
intent to acquire an order of Dropping from the LTFRB; the
taking was done without the consent of the complainant as
evidenced by the report to the authorities that such plate was
stolen and the issuance by LTO of an Authorization to issue
duplicate license plate; and the taking was accomplished
without the use of violence against or intimidation of persons
or force upon things.
Time, and again, it appears on the records that the
circumstances therein establish an unbroken chain of events
to the logical conclusion that respondents have probably
committed the crime of THEFT. It must be noted that under
the procedure for filing of Dropping and Substitution with the
LTFRB, the old original license plates must be surrendered to
them. Since the respondents were issued an Order for
Dropping by the LTFRB, it can be assumed that they were the
ones who surrendered the original license plates which were
reported stolen by complainant. It has been clearly and
sufficiently established that only the respondents could have
done the offense complained of because they were the only
ones benefited by the theft of the license plate.
FOR THE CRIME OF ESTAFA
In addition, there is indeed a probable cause to charge
the respondents for the crime of ESTAFA under Article 315
paragraph 2 (a) of the Revised Penal Code.
False pretenses employed by the respondents are
undoubtedly the efficient cause for the defruadation of
complainant in the amount of PhP 450, 000.00 for the amount
of the taxi unit and its franchise.
The Respondents made fraudulent representations to the
LTFRB and made it appear on their Application for Dropping
that they were the only heirs of the estate of Paquito Velasco
knowing full well that there was still another heir in the person
of Joseph Velasco, complainants father. Respondents also
indicated that the unit vehicle was allegedly being claimed by
complainant also knowing full well that they executed a
Memorandum of Agreement dated June 20, 2014 Wherein
they transferred and conveyed whatever rights and interests
they had over the said vehicle to the complainant once full
payment was made to the bank, which the complainant
fulfilled on April 2016. These rights and interests necessarily
include the franchise because the vehicle involved is a taxi
unit.
It must be noted that the fraudulent representations of
the respondents are the very cause by which the taxi unit and
franchise has been rendered unusable by the complainant
since the taxi unit was impounded by the DOTR-LTO and the
franchise dropped by LTFRB. Probable cause for the crime of
ESTAFA is therefore well established.
Thus, a second look at the record would reveal the
existence of probable cause for the crime of THEFT as defined
and penalized under Article 308 of the Revised Penal Code and
for the crime of ESTAFA as defined and penalized under
Article 315 paragraph 2 (a) of the same Code. The unbroken
circumstances clearly indicate a logical conclusion that the
crimes of THEFT and ESTAFA were probably committed by the
Respondents.
WHEREFORE, premises considered, the MOTION FOR
RECONSIDERATION filed by the Respondents is hereby
DENIED. The undersigned sustains its JOINT RESOLUTION
dated September 26, 2017 recommending that respondents
AGNES V. WAGAYEN, DOMINGA V. OBER, and JUAN L.
VELASCO be prosecuted for the crime of THEFT as defined
and penalized under Article 308 of the Revised Penal Code and
fro the crime of ESTAFA as defined and penalized under
Article 315 paragraph 2 (a) of the same Code.
Baguio City, Philippines. 16 November 2017.
KHENNETE M. ABRUGAR
JANELLE DAPHNE L. RABANG
Associate City Prosecutor
Roll No. 00000
IBP Lifetime No. 000000
MCLE Compliance VI-000000

APPROVED:

ELMER MANUEL SAGSAGO


City Prosecutor
Roll No. 31292
IBP Lifetime Receipt No. 733288
MCLE Compliance VI-0006651

Copy Furnished:

FRANCIS WAD-AS VELASCO


159-C Quirino Hill, Baguio City

JUAN L. VELASCO
Manaol, Pozzorubio, Pangasinan

DOMINGA VELASCO - OBER


Manaol, Pozzorubio, Pangasinan

AGNES VELASCO - WAGAYEN


San Andes, Candon City, Ilocos Sur