A CEBU-BASED businesswoman and two others are moving for the dismissal of the case for syndicated estafa filed before the Silay City Prosecutor's Office by five Silaynons.
Respondents Michaela Shaina Zamora, a businesswoman, Rosela and Jeoffy Padios, in an omnibus joint counter-affidavit, copies of which provided by their legal counsel, lawyer Cres Palpagan Jr., said that the charge of syndicated estafa is grossly misplaced.
Palpagan, in a press conference, yesterday, June 25, explained that estafa or swindling is committed by a syndicate of five or more persons and defraudation results in the misappropriation of money contributed by stockholders, or members of rural banks, cooperative, barrio association, farmer associations, or funds solicited by corporations, associations from the general public.
Complainants Dianne Grace Daulo, Rex and Rodelyn Robles, Angelina Secondes, Chloe Dorilag and Juliet Palomaria claimed that they were victims of Fill-Russ Fortune Money Tree Investment, with Zamora as its founder.
Daulo disclosed that she received a small amount of payouts, which does not correspond to what had been tackled during the orientation she attended. She added that she made several pay-in with a total amount of P1.5 million to the bank account of Zamora.
Complainants said they were promised of 20 percent interest per week of their investments.
Zamora, Rosela and Jeoffy Padios said the alleged Fil-Russ Fortune Money Tree Investment is a myth, and it does not exist, nor orientation was ever conducted.
Palpagan said his client entered into an informal partnership with complainants contributing money, who will also give her share to the common venture. It was the essence of the agreement that Zamora will employ her business skills and commercial facilities for the business partnership to generate profits on their capital.
After the filing of syndicated estafa, Zamora and Padios filed a civil case for payment or performance; damages with preliminary attachment against the six complainants.
Zamora demanded amounts withheld by reasons of the business partnership with Daulo, Robles, Secondes Dorilag and Palomaria with a total amount of P4.3 million.
Palpagan said that a writ of preliminary attachment was issued by the Regional Trial Court in Cebu City, ordering Sheriff IV Constancio Alimuring to attach the estate, real and personal, not exempt from execution, of Daulo, Rex and Rodelyn Robles, Secondes, Dorilag and Palomaria, to the value of demand and costs of suit, and to keep safely the same, according to the Rules of the Court. (TDE)