REPUBLIC OF THE PHILIPPINES
OFFICE OF THE CITY PROSECUTOR
CITY OF MAKATI
ROLANDO T. CUSTODIO, et. al.
Plaintiff, Criminal Case No. XXXXX
Syndicated Estafa
vs.
ROSARIO BALADJAY, et. al.,
Accused
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AFFIDAVIT OF COMPLAINT
The complainant is ROLANDO T. CUSTUDIO, Filipino, of legal
age, married and for purpose for this criminal complaint a resident of
Urdaneta Village, Urdaneta, Makati City, Philippines.
The respondent is ROSARIO BALADJAY, Filipino, of legal age,
President and Chairman of the Board of Multinational Telecom
Investors Corporation (Multitel), an association operating on funds
solicited from the public, conspiring or confederating with and
mutually helping one another, and confederating as a syndicate.
This is a criminal complaint of syndicated estafa involving the
sum of Seven Million Eight Hundred Ten Thousand Philippine Peso
(P7,810,000.00) arising from fraud by the respondent.
After being sworn in accordance with law, depose and state,
after having been duly sworn in accordance with law, depose and
say:
1. This affidavit of complaint is being filed to charge, ROSARIO
BALADJAY, Filipino, of legal age, President and Chairman of
the Board of Multinational Telecom Investors Corporation
(Multitel) with a crime of Syndicated Estafa defined and
penalized under Article 315 (2) (a) of the Revised Penal Code
(RPC) in relation to Section 1 of Presidential Decree No. (PD)
1689, committed as follows:
a. Sometime in July 2002, my neighbor, LITO
NATIVIDAD, told me about Multitel, a company who
pays its investors an interest income of at least five
percent (5%) per month. That had enticed me to invest
the amount of Php100,000.00 in Multitel and received
monthly interest payments, as promised.
b. i met Gladina Baligad (Gladina), a counselor of
Multitel, who explained to him that the company was
engaged in the telecommunications business.
Convinced of Gladina's representations regarding
Multitel's legitimacy and her assurances as to its
profitability, I increased my investment in the company
to Php2,000,000.00. Gladina then made a more
attractive offer, promising an increased monthly
earning of eight to twelve percent (8%-12%) of the
investments luring the me to invest a total of
Php3,200,000.00 in Multitel. A receipt was issued.
c. Sometime in October 2002, Multitel defaulted to give
me the promised monthly interest and I learned that
respondent is under investigation. This prompted me to
call Gladina who assured me that they still can deliver
the returns of its investment.
d. When the respondent still in default to deliver my
returns. I conducted my own investigation which I
discovered that MULTITEL was not issued a
secondary license by the Securities and Exchange
Commission (SEC) to deal in securities and solicit
investments from the general public. In fact, per an
SEC Advisory, the company and its conduits were not
duly registered and had no juridical personality and
authority to engage in any activity, let alone
investment-taking.
e. I exerted all effort to recover my investments after this
discovery. I even attended the meetings conducted by
Multitel, the last one of which was held on November
5, 2002. During the meeting Baladjay met with the
investors and repeatedly assured that Multitel was a
legitimate company and that it was merely organizing
its books in order to deliver to them their investment
returns. However, the respondent still did not deliver
the promise return.
2. I am filing this complaint against ROSARIO BALADJAY.
3. The elements of Syndicated Estafa, therefore, are as follows:
(a) Estafa or other forms of swindling, as defined in Articles 315
and 316 of the RPC, is committed; (b) the Estafa or swindling is
committed by a syndicate of five (5) or more persons; and (c)
the defraudation results in the misappropriation of moneys
contributed by stockholders, or members of rural banks,
cooperatives, "samahang nayon(s)," or farmers' associations,
or of funds solicited by corporations/associations from the
general public.
4. Base on the foregoing, respondent committed syndicated
estafa under Article 315 (2) (a) of the Revised Penal Code
(RPC) in relation to Section 1 of Presidential Decree No. (PD)
1689.
Applicable Laws
1. Art. 315. Swindling (estafa). – Any person who shall defraud
another by any means mentioned herein below shall be
punished by:
xxxx
2. By means of any of the following false pretenses or
fraudulent acts executed prior to or simultaneously with the
commission of the fraud:
(a) By using a fictitious name, or falsely pretending to
possess power, influence, qualifications, property, credit,
agency, business, or imaginary transactions; or by means of
other similar deceits.
2. Section 1 of PD 1689, viz:
Section 1. Any person or persons who shall commit estafa or
other forms of swindling as defined in Articles 315 and 316
of the Revised Penal Code, as amended, shall be punished
by life imprisonment to death if the swindling (estafa) is
committed by a syndicate consisting of five or more persons
formed with the intention of carrying out the unlawful or
illegal act, transaction, enterprise or scheme, and the
defraudation results in the misappropriation of moneys
contributed by stockholders, or members of rural banks,
cooperatives, "samahang nayon(s)," or farmers'
associations, or funds solicited by corporations/associations
from the general public.
WHEREFORE, premises considered, it is respectfully
prayed that after notice and hearing the respondent be
indicted for SYNDICATED ESTAFA to protect/preserve the
right/interest of the complainant to recover his claim of
Seven Million Eight Hundred Ten Thousand Philippine Peso
(P7,810,000.00), exemplary damages, moral damages,
attorney’s fees, legal interest and cost of suit.
City of Makati, 20th day of August 2003.
CERTIFICATION OF NON-FORUM SHOPPING
Republic of the Philippines )
City of Makati ) S. S.
I, ROLANDO T. CUSTODIO, of legal age, Filipino citizen,
married and a resident of Urdaneta Village, Urdaneta, Makati City,
Philippines, after having duly sworn to in accordance with law, do
hereby depose and say:
1. That I am the plaintiff in the above-entitled case;
2. That I have read and caused the preparation of the allegations
contained therein;
3. That all allegations are true and correct of my own knowledge and
based on authentic records;
4. That I hereby certify that I have not commenced any other action or
proceeding involving the same issues in any court, tribunal or quasi-
judicial agency and, to the best of my knowledge, no such other
action or claim is pending therein;
5. That if I should thereafter learn that a similar action or proceeding
has been filed or is pending, I hereby undertake to report that fact
within five (5) days therefrom to the court or agency where the
original pleading and sworn certification contemplated herein have
been filed;
6. That I executed this verification/certification to attest to the truth of
the foregoing facts and to comply with the provisions of Adm. Circular
No. 04-94 of the Honorable Supreme Court.
IN WITNESS WHEREOF, I have hereunto affixed my signature
this 20th day of August 2003 in the City of Makati.
(SGD) ROLANDO T. CUSTODIO
SUBSCRIBED AND SWORN to before me this 20th day of
August 2003 at Makati City, affiant exhibiting to me his Tax
Identification No. 214-855-192 issued by Bureau of Internal Revenue
(BIR). I hereby certify that I have examined the Affiant and that I am
fully satisfied that he has voluntarily executed and understood the
contents of his Affidavit of Complaint.
(SGD) JOHN ANDREW B. GAPOL
NOTARIAL COMMISSION NO. 01-03
UNTIL DECEMBER 31, 2003
ROLL NO. 12345
IBP LIFETIME NO. 92712
PTR NO. 8216459 12-28-2002 MAKATI CITY
MCLE COMPLIANCE NO. V–0002345 06-15-2003
MCLE COMPLIANCE NO. VI–0001256 06-16-2003
TIN NO. 447-474-518
Doc. No. : 4;
Page No. : 1;
Book No. : CLXXI ;
Series of 2003.
