Republic of the Philippines

DEPARTMENT OF JUSTICE
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
City of Manila

LEONARDA PATUNGAN DELA CRUZ,

Complainant,
NPS Docket No.:
XV-07-INV-22_-_____
-versus-
For: ESTAFA under Article
315 paragraph (2) a
of the Revised Penal
Code or OTHER DECEITS

ERICA ACE GAMBA and

TERESITA L. BARON,
Respondents.
X- - - - - - - - - - - - - - - - - - - - - - - - - - -x

COMPLAINT AFFIDAVIT

I, LEONARDA PATUNGAN DELA CRUZ, of legal age, Filipino, with

residence and postal address at No. 2123 I Juan Luna St., Tondo, Manila, after
having been duly sworn to under oath in accordance with law do hereby depose
and state, that -

1) I am the complainant of this case for Estafa under Article 315

paragraph (2) a of the Revised Penal Code or Other Deceits against
respondent ERICA ACE GAMBA, of legal age, Filipino, and a resident of
2095 Int. Juan Luna St., Tondo, Manila; and, TERESITA L. BARON, of
legal age, Filipino, and a resident of No. 414 Concha St., Tondo, Manila.

2) I am a businesswoman by profession engaging in the trade of LENDING

together with my sibling business partner, JOLLIBEE GRANDE SHOHJI.
3) On August 12, 2021, the respondent ERICA ACE GAMBA,
through the FACEBOOK MESSENGER suddenly contacted me and sent a
message, representing that her auntie, one TERESITA LEONARDO
BARON is offering a SANGLANG-INCOME AGREEMENT, wherein
their residence located at No. 414 Concha St., Tondo, Manila allegedly
earning monthly rentals of Php17,500.00 is being mortgage in the amount of
Php350,000.00.

4) Respondent ERICA ACE GAMBA is persistent in her Facebook

Messenger messages in convincing us to accept the offer of her alleged
auntie, to wit:

“Walang problema sa garantor. Gusto mo ako na mismo

maghuhulog sayo.”
“Ako sisingil para wala na kayo problema ako na
magdidiretcho sa inyo.”
“Walang problema sakin yan mars”
“Keri naten”
“Ganun. Ako naman contact mo mare e”
“Kelangan lang nung tao ahaha Kahit”
“Kamo ako na habulin”

ATTACHED HEREWITH ARE SCREENSHOTS OF

CHAT IN MESSENGER AS ANNEX “A”

5) Respondent ERICA ACE GAMBA presented to me the following

documents: Transfer Certificate of Title No. -267714- covering the parcel of
land located at No. 414 Concha St., Tondo, Manila and photograph of
Barangay Business Permit of the alleged printing business of her auntie
TERESITA LEONARDO BARON;
 ATTACHED HEREWITH ARE COPY OF TCT NO
267714 AS ANNEX “B” and BARANGAY BUSINESS
PERMIT AS ANNEX “C”

6) Respondent ERICA ACE GAMBA was able to lured me and my sister in

entering into a Mortgage Agreement with her alleged auntie TERESITA
LEONARDO BARON and believing the representation of the respondents
and through said deceit and false pretenses of providing guarantee of
payments of monthly rentals in the amount of Php17,500.00, On September
8, 2021, Respondents ERICA ACE GAMBA and TERESITA
LEONARDO BARON was able to duped me into delivering and readily
giving the amount of Php350,000.00 which was received by respondent
TERESITA LEONARDO BARON and there is an assurance from the
respondent ERICA ACE GAMBA that the she will be the one who will
deliver to us the earnings.

7) The KASUNDUAN NANG SANLANG PAUPAHAN was executed at

Barangay 149, Zone 13, Tondo, Manila between me and respondent
TERESITA LEONARDO BARON with respondent ERICA ACE GAMBA
acting as her witness. An ACKNOWLEDGEMENT RECEIPT of the
amount of Php350,000.00 was issued by respondent TERESITA
LEONARDO BARON.

ATTACHED HEREWITH IS COPY OF KASUNDUAN

NANG SANLANG PAUPAHAN AS ANNEX “D” AND
ACKNOWLEDGEMENT RECEIPT AS ANNEX “E”

8) However, the respondents contrary to their representation failed to deliver

the monthly earnings of PHP17,500.00 and contrary to the representation,
there was no printing business in the said location of respondent TERESITA
LEONARDO BARON. I made several prior demands, both oral and through
chat messages to BOTH respondents, to deliver the said monthly earning or
to JUST return my said money in the amount of Php350,000.00, but they
 still refused and failed to do the same. Respondent TERESITA
LEONARDO BARON are nowhere to be found in her given address and
cannot be located while respondent ERICA ACE GAMBA claimed that she
has no contact anymore with her alleged auntie.
9) These turn of events convinced me that Respondents ERICA ACE
GAMBA and TERESITA LEONARDO BARON is a FRAUD. On the
strength of these circumstances, I am left with no recourse but to file this
complaint for Estafa under Article 315 paragraph (2) a of the Revised Penal
Code or OTHER DECEITS.

10) Mortgage or LOAN per se does not exempt a criminal from

indictment for estafa so long as it can be proved, as is the factual mileu in
the instant case, that the motive behind such a transaction was deceit,
swindling and malice on the part of the debtor/respondents.

11) Under Article 315, paragraph 2 (a) of the Revised Penal Code, the law
punishes the act of one person defrauding another by means of false
pretenses or fraudelent acts.

Article 315, paragraph 2 (a) of the Revised Penal Code defines Estafa as:

“Article 315. Swindling (estafa) – Any person who shall

defraud another by any of the means mentioned herein below
xxx:
 

2. by means of any of the following false pretenses or

fraudulent acts executed prior to or simultaneously with the
commission of fraud:
 (a)          by using fictitious name, or actions, falsely pretending
to possess power, influence, qualification, property, credit,
agency, business or imaginary transactions, or by means of
other similar deceits.”
12) The Court said in the case of Rosita Sy v. People of the Philippines,
G.R. No. 183879, April 14, 2010, there are three ways of committing estafa,
viz: (1) with unfaithfulness or abuse of confidence; (2) by means of false
pretenses or fraudelent acts; or (3) through fraudelent means. The three ways
of committing estafa may be reduced to two, i.e. (1) by means of abuse of
confidence; or, (2) by means of deceit.
13) The act complained of in the instant case is penalized
under Article 315 paragraph 2(a) of the RPC, or Estafa by Means of
Deceit, committed by any person who shall defraud another by false
pretenses or fraudelent acts executed prior to or simultaneusly with
the commission of the fraud. It is committed by using fictitious name,
or by pretending to possess power, influence, qualifications, property,
credit, agency, business or imaginary transactions, or by means of
other similar deceits.

The elements of estafa by means of deceit are the following: (a)

that there must be a false pretense or fraudulent representation as to
his power, influence, qualifications, property, credit, agency, business
or imaginary transactions; (b) that such false pretense or fraudulent
representation was made or executed prior to or simultaneously with
the commission of the fraud; (c) that the offended party relied on the
false pretense, fraudulent act, or fraudulent means and was induced to
part with his money or property; and (d) that, as a result thereof, the
offended party suffered damage. (SECOND DIVISION, G.R. No.
175750-51, April 2, 2014, SILVERINA E. CONSIGNA, Petitioner,
vs.PEOPLE OF THE PHILIPPINES, THE HON.
SANDIGANBAYAN (THIRD DIVISION), and EMERLINA
MOLETA, Respondents)

14) In the instant case, all the foregoing elements are present.
 Respondents ERICA ACE GAMBA and TERESITA
LEONARDO BARON misrepresented and falsely pretended to
complainant that they are mortgaging a property located at No. No.
414 Concha St., Tondo, Manila allegedly earning monthly rentals of
Php17,500.00 and that they have a business in printing.

The misrepresentation was made prior to complainant’s payment of

the amount of Php350,000.00.

It was respondents ERICA ACE GAMBA misrepresentation and

false pretense that induced complainant to part with her hard-earned
money.

It must be duly noted that complainant has no personal knowledge on

the character and circumstances of RESPONDENT TERESITA
LEONARDO BARON. As in fact, complainant and her sibling had no
intentions of entertaining offers of transacting business with her had it
not for the intervention and representation of RESPONDENT ERICA
ACE GAMBA that she is her auntie and that she guaranteed that the
payments of the monthly earnings of the property being offered for
mortgage will be delivered by her.

15) Respondents may be liable for OTHER DECEITS.

The elements of Other Deceits under Article 318 of the Revised Penal Code
are: (1) There is a fraud; (2) There is a damage; (3) The fraud and damage were
committed by deceit; and (4) The deceit is not among those mentioned under
Articles 315, 316 and 317 of the Revised Penal Code.

Complainant was given assurance by Respondent ERICA ACE GAMBA

that she will be the one to deliver the payment of the monthly earnings from
the property they mortgaged to the complainant, and even acted as the
witness in the execution of the KASUNDUAN. It is clear that respondent’s
 property did not deliver the amount of monthly earnings they promised to
the complainant. It is thus established that Respondent ERICA ACE
GAMBA employed deceit when she was able to persuade complainant to
allow them to accept the offer of mortgage in the amount of Php350,000.00
with interest on the monthly earnings of the said property. It was later found
out that Respondent ERICA ACE GAMBA cannot deliver her promise or
representation claiming that she had no contact anymore with Respondent
TERESITA LEONARDO BARON who according to her is her auntie.

It is indubitable that Respondent ERICA ACE GAMBA representations

were outright distortions of the truth perpetrated by them for the sole
purpose of inducing complainant to accept the offer of mortgage. They
knew that they cannot deliver any monthly earnings, since they did not
intend to deliver any amount to pay for the mortgage. Complainant was an
innocent victim of deceit, machinations and chicanery committed by
Respondent ERICA ACE GAMBA which resulted in its pecuniary
damage and, thus, they are liable for ESTAFA or OTHER DECEITS.

I am executing this affidavit for the purpose of seeking the indictment of

Respondents ERICA ACE GAMBA and TERESITA LEONARDO BARON,
of the crime of ESTAFA or OTHER DECEIT, or such other offenses committed
under the facts and the applicable law.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of

______________ 2022, in the City of Manila, Philippines.

Further affiant sayeth naught.

LEONARDA PATUNGAN DELA CRUZ

Complainant

SUBSCRIBE AND SWORN TO before me this ___day of ________ 2022,

in the City of Manila and I hereby certify that I personally examined affiant and I
am convinced that she voluntarily executed her affidavit and understood its
allegations which are true and correct of her own personal knowledge and belief.

Assistant City Prosecutor