REPUBLIC OF THE PHILIPPINES FOURTH JUDICIAL REGION MUNICIPAL TRIAL COURT ROSARIO, CAVITE PEOPLE OF THE PHILIPPINES, Plaintiff, CRIM. CASE NOS. 21-95, 21-96 & 21-151 -versus- EDMUNDO C. CALDEJON and AGNESIDA P. CALDEJON, Accused. FORMAL OFFER OF EVIDENCE WITH COMPLIANCE Plaintiff, by and through the undersigned counsel, unto this Honorable Court, respectfully offer the following documentary exhibits: EXHIBIT DESCRIPTION PURPOSE = Joint Complaint- | This is offered to prove the and its sub-markings | Affidavit of Leny | material allegations as stated (marked and M. Abdon, | in the criminal information, original document in | Cresselda C. | to prove that the accused the Honorable Guerrero and | committed the crime of other Court's records) | Cristina L. Puti | deceits, and to prove the civil dated — December | liability of the Accused. 15, 2020 “A:T? to“A-10” [LMA _ Rainbow | This is offered to prove that Villa Provisional | private complainant Leny M. (marked and Receipts with nos. | Abdon gave payments to the original receipts in | 0225, 0245, 0264, | accused in the total amount of the Honorable 0271, 0317, 0340,|Seven Hundred Thirty Court's records) | 0382, 0394, 0415,| Thousand One Hundred and 0437. Pesos Eighty (Php730,180.00).aR", “B-1", and “B.2” (marked & original document in the Honorable Court’s records) Final Demand to Pay dated May 21, 2020, registry receipt with no. RE 181 044 293 ZZ and Certification from the office of the Postmaster of the Philippine Postal Corporation dated | November 25, 2020. To prove that private complainant Leny M. Abdon, thru counsel, sent a demand letter for the return of the payments made; that the said ‘Demand Letter was sent; and it was received. =O to “C38” (marked and original receipts in the Honorable Court’s records). LMA _ Rainbow Villa Provisional receipts with nos. 0237, 0258, 0272, 0304, 0329, 0347, 0378, 0407, 0427, 0461, 0484, 507, 526, 552, 571, 590, 621, 640, 665, 681, 720, 761, 785, 786, 787, 798, 914, 923, 934, 1836, 1835, 1838, 1841, 1843, 1846 and REIGNVIEW REALTY Official Receipts with nos. 0053, 0072, 0079, and 0087. This is offered to prove that private complainant Cresselda C. Guerrero gave payments to the accused in the total amount of Four Hundred Sixty Thousand Bight Hundred Pesos (Php460,800.00) (marked and original document in the Honorable Court’s records) Contract to Sell dated October 21, 2016 To prove that private complainant and accused entered into an agreement for the supposed sale of a piece of land with an area of 100 sq. m.. “E”, “E-1”, and “—E” (marked & original document in the Honorable _Court’s Final Demand to Pay dated May 21, 2020, _registry receipt with no. RE 181 044 276 ZZ and Certification To prove that private complainant Cresselda C. Guerrero, thru counsel, sent a demand letter for the return of the payments made; that the said Demand Letter wasrecords) from the office of the Postmaster of the Philippine Postal Corporation dated | November 25, 2020. sent; and it was received. op (marked and original document in the Honorable Court’s records) Special Power of Attorney dated January 13, 2020 To prove that Jesusa L. Soriano authorized Cristina L. Puti to transact, process and receive the refund from the accused. “G” to “G-11” (marked and original receipts in the Honorable Court's records). LMA Rainbow Villa Provisional receipts with nos. 525, 538, 603, 628, 653, 673, 700, 730, 737, 759, 775 and TE. This is offered to prove that private complainant Sps. Jesusa and Romeo Soriano, thru their representative, gave payments to the accused in the total amount of One Million Ninety Thousand Pesos (Php1,090,000.00) “HP and“H-1” [Contract to Sell | To prove that private dated October 19, | complainant and accused (marked and | 2016 and Special | entered into an agreement for original document in | Power of Attorney | the supposed sale of a piece the Honorable dated June 16, | of land with an area of 250 Court's records) 2016 sq. m. and that Sps. Soriano authorized a certain Annabelle Accion for such agreement. “P, “F-1”, and “na” (marked & original document in the Honorable Court's records) Final Demand to Pay dated May 21, 2020, registry receipt with no. RE 181 044 280 ZZ and Certification from the office of the Postmaster of the Philippine Postal Corporation dated November 25, 2020. To prove that private complainant Sps. Soriano as represented by Cristina L. Puti, thru counsel, sent a demand letter for the return of the payments made; that the said Demand Letter was sent; and it was received. —p (marked and original document in the Honorable Court's records. Special Power of Attorney executed by Sps. Soriano in favor of Cristina L. Puti (Apostilled SPA) To prove that Sps. Soriano authorized Crtistina L. Puti to bring suit, prosecute and/or file all appropriate action against the accused.*stipulated Court’s records. document) “K” Panghukumang | This is offered to serve and And its sub- Salaysay (Judicial | constitute as the direct markings Affidavit) of Leny | testimony of Private M. Abdon. Complainant Leny M. (marked and Abdon, as executed pursuant original document in to the Judicial Affidavit Rule. the Honorable As well as prove the material Court's records. allegations in the criminal information and Complaint, including the civil liability of the accused. wig Panghukumang This is offered to serve and ‘And itssub- | Salaysay (Judicial | constitute as the direct markings Affidavit) of | testimony of Private Cristina L. Puti. Complainant Cristina L. Puti, (marked and as executed pursuant to the original document in Judicial Affidavit Rule. As the Honorable well as prove the material allegations in the criminal information and Complaint, including the civil liability of the accused. ae And its sub- markings (marked and original document in the Honorable Court's records. Panghukumang Salaysay (Judicial Affidavit) of Cresselda c Guerrero. This is offered to serve and constitute as the direct testimony of Private Complainant Cresselda C. Guerrero, as executed pursuant to the Judicial Affidavit Rule. As well as prove the material allegations in the criminal information and Complaint, including the civil liability of the accused. As ordered by the Honorable Court, attached hereto as ANNEX “A” is the Resolution (to the Motion for Reconsideration) of Associate Provincial Prosecutor Sheila D.M. Muiiiz- Cortuna dated July 15, 2021granting the Motion for Reconsideration and Recommended the filing of the information against the accused.PRAYER Plaintiffs respectfully prays that the foregoing documentary exhibits be admitted in evidence and, if so admitted, the Plaintifis respectfully rests their case. Itis likewise prayed that the Honorable Court take Cognizance of the Compliance herein stated. Other measures of relief just and equitable under the premises are likewise prayed for. Respectfully submitted. City of General Trias for Rosario, Cavite. July 4, 2023. Ema S inte Roll No. 64969 IBP No. 220758/ May 13, 2022/ Cavite PTR No. 0411172/ Cavite/ January 3, 2023 MCLE Compliance No. VII-0008401/ 3 January 2022/Until 04-14-2025 EXPLANATION Copies of the foregoing Formal Offer with Compliance were served and filed through registered mail/ private courier/ electronic mail due to the effe Yonal service. Conforme: Pros. Cristopher R. Hernandez Office of the Provincial Prosecutor Imus, Cavite crh.oppeavite@gmail.com Copy furnished: SPS. EDMUNDO & AGNESIDA CALDEJON 292 Little Baguio St., Wawa 3, Rosario, CaviteKeane “A | REPUBLIC OF THE PHILIPPINES DEPARTMENT OF JUSTICE OFFICE OF THE PROVINCIAL PROSECUTOR PROVINCE OF CAVITE IMUS, CAVITE LENY M. ABDON, NPS Docket No. IV-03-INV-201 4086 CRESSELDA C. GUERRERO, CRISTINA L. PUTI, Complainants, -versus- SPS, EDMUNDO C. CALDEJON FOR: VIOLATION OF ART 315(a) RPC AGNESIDA P. CALDEJON AND (ESTAFA) CHRISTOPER NED CALDEJON Respondents, RESOLUTION (TO THE MOTION FOR RECONSIDERATION) Here undersigned resolves this Motion for Reconsideration dated June 14, 2021, praying for reconsideration of the April 8, 2021 Resolution dismissing the complaint filed by Cristian Puti for reason of not being a real party in interest to institute the compliant. Miss Cristina is one of the three complainants in the jointly resolved complaints by the undersigned, and now said complainant asks for reconsideration of the questioned resolution claiming that the previously submitted SPA was sufficient to prove that she was authorized not only to transact with respect to the sale of the subject property but to file the complaint as well. Nonetheless, another Special Power of Attorney was executed and filed by Spouses Jesusa and Romeo Soriano attached with an Apostille issued by a notary public for State of California giving authority to Cristina Puti to file this suit and certifying the authenticity of the signatures appearing on the document submitted. Discussing the merits of this complaint, the undersigned had the same findings as the two other complaints: during the course of transaction, the persons who partook the deal were: Agnesida, the one who talked with Annabelle and explained the contract and the one who received their payments; and Edmundo, who appeared to have signed the Contract to Sell. That payment receipts were issued by LMA Rainbow Villa. In the Contract to Sell, respondents Edmundo Caldejon and Christopher Ned Caldejon wer mentioned as developers of the project and where named as one of the salem Christopher however did not sign any document pertaining to the contract. In addition, complainant Cristina did not mention Ned’s particular involvement in the complained acts. For reasons already explained in the Resolution dated April 8, 2021, the undersigned finds probable cause to indict respondents spouses Edmundo and Agnesida Caldejon for the crime of Other Deceits defined in Article 318 of the Revised Penal Code as: ARTICLE 318. Other deceits. — The penalty of arresto mayor and a fine of not less than the amount of the damage caused and not more than twice such amount shall be imposed upon any person who shall defraud or damage another by any other deceit not mentioned in the preceding Articles of this chapter.By submitting the required document within the reasonable time, the undersigned veewes that the deficiency in the requirement has been effectively cured before the conclusion of the preliminary investigation. It is therefore recommended that a similar complaint for other deceits be filed against the spouses respondents before the appropriate court having jurisdiction over the case. WHEREFORE, premises considered, the undersigned resolves to GRANT the subject Motion for Reconsideration and recommends the FILING of Information for Other Deceits against EDMUNDO CALDEJON and AGNESIDA SO RESOLVED. Imus City Cavite, July 15, 2021. SHEILA D.M. fon [2.CORTUNA Associate Pri RECOMMENDING APPROVAL: FERDINAND A. PALAFOF APPROVED: PROSECUTOR I yu 22 02 Copy Furnished: ps. Edmundo and Agnesida Caldejon ~ Purok 10, Bacao Il, Gen Trias City, Cavite Christopher Ned Caldejon - Purok 10, Bacao II, Gen Trias City, Cavite Cristina Puti - Blk 3. Lot 27, Tanguile St Pacifica Homes, Navarro City, Gen Trias City, Cavite