Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Branch 53, Lapulapu City

PEOPLE OF THE PHILIPPINES,

Plaintiff,
CRIM. CASE NO. R-LLP-13-07612-CR
- versus - FOR: ESTAFA

LEONARDO IGOT,
Accused.
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MEMORANDUM

Accused through counsels respectfully submits this Memorandum

to show that he is not guilty of Estafa as alleged in the Information.

STATEMENT OF THE CASE

This is a case for Estafa against Leonardo Igot. The basis for this
charge is the Affidavit-Complaint of Edilberto Ompad and seven others,
all members of the Sta. Rosa Hugpong Kausaban Multi-Purpose
Cooperative executed on 29 October 2012, charging Leonardo Igot with
Estafa for allegedly misappropriating Cooperative funds. The prosecution
failed to show that Edilberto Ompad and company were granted
authorization by the Cooperative to sue Leonardo Igot in its behalf.

STATEMENT OF FACTS

The complainants and the accused belong to the above-mentioned

cooperative. Sometime in 2010 Aboitiz Foundation granted loan to the
Cooperative for the livelihood projects of their members. The increment
payments for these loans were remitted to the accused for deposit to
their Cooperative Savings Account at Cordova Multi-Purpose Account.

When the accused was called re funds discrepancy, he admitted

that he failed to deposit some remittances by reason of neglect, and
mostly by mistake/human frailty borne of innocence and inexperience.
The accused comes from such a humble background with only a high
school education and not accustomed to handling funds of such amount.
He did not realize his vulnerability to pitfalls of the responsibility entrusted
upon him as treasurer. In an effort to make things right, he made an
undertaking to reimburse the said amount. But the complainants denied
him the chance not bothering to wait for the accused to make good on
his word and hastily proceeded in filing this instant complaint but more
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importantly not bothering to secure authorization from their cooperative
to take such action.

STATEMENT OF THE ISSUES AND ARGUMENTS

The issues in this case are:

1) Was there misappropriation of Cooperative funds?

As respectfully explained above the accused upon being given the
responsibility of being treasurer, was placed in a position out of his
depth. He did not know what he was getting into. Nevertheless, accused
was remorseful and even made and undertaking to reimburse the
discrepancy.

2) Do the complainants have legal capacity?

The prosecution materially failed to establish the authority of the
private complainants to bring this action in behalf of their Cooperative
who is the aggrieved party and real-party-in-interest against the accused.
The prosecution failed to show its capacity to sue and maintain the
instant action. The complainants are all members of the Sta. Rosa
Hugpong Kausaban Multi-Purpose Cooperative, a duly organized
cooperative under the existing cooperative law. Nothing at all was
shown that the Cooperative granted the complainants authority to
institute this complaint. Their Cooperative can sue and be sued on its
own, being a registered juridical entity. It is a “legal person” on its own;
separate and distinct from the individual persons of its members and
without such “authority” from the said Cooperative, these member-
complainants may not institute in its behalf this instant action.

When the prosecution presented one its only witness the

designated Chairman of Sta. Rosa Hugpong Kausaban Multi-Purpose
Cooperative, Mr. Edilberto Ompad, he failed to show proper authorization
from the cooperative to institute the instant criminal action against the
accused;

RELIEF

WHEREFORE, it is respectfully prayed that judgment be rendered

acquitting Leonardo Igot of Estafa. Other reliefs just and equitable are
also prayed for.

Cebu City, Philippines, February 17, 2020.

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 MATA AND ASSOCIATES LAW OFFICE
10 Lim Bldg. D. Jakosalem St., Cebu City

By:

ATTY. ALBERTINO P. MATA, JR.

PTR No. 1651357 / 12-18-18 / Cebu City
IBP No. 62415590 / 11-06-18 / Cebu City
MCLE Compliance No. VI - 0003640
ROLL No.: 24544 & TIN NO. 140-344-844
Tel. No. 416-3211 & CP No. 0922-609-0029
-and-

ATTY. JOSELITO TROY G. SUELLO

Counsels for the Accused

Copy furnished:

ATTY. LINDA SUSAN C. BARING

BARING LAW OFFICE
Door 3, De Claro Bldg.,
Pusok, Lapu-lapu City

ASST. PROS. FRANCIS IAN U. BIRONDO

City Prosecutor’s Office
Lapu-lapu City