People vs. Baladjay (2017)

PEOPLE OF THE PHILIPPINES vs. ROSARIO BALADJAY

G.R. No. 220458, July 26, 2017 

VELASCO, JR., J.:

Facts: In an Information, appellant Baladjay and her nine co-accused were indicted with the crime of Syndicated Estafa as follows: that accused, being officers, employees, and/or agents of Multitel, an association operating on funds solicited from the public, conspiring one another, feloniously defraud complainants by means of false pretenses or fraudulent acts to the effect that they have the business, property and power to solicit and accept investments and deposits from the general public and capacity to pay the complainants guaranteed monthly interest on investment from 5% to 6% and lucrative commissions, and succeeded in inducing the complainants to invest, deposit, give and deliver as in fact the latter gave the accused the total amount of P7,810,000.00 as investment or deposit, accused misappropriated and converted the same to their own personal benefits to the damage and prejudice of said complainants.

Baladjay, as the sole witness, denied transacting with the private complainants. However, Baladjay admitted that she was also known as the president of Multitel.

Issue: Whether or not appellant is guilty of syndicated estafa.

Ruling: Yes. The elements of Syndicated Estafa are: (a) Estafa or other forms of swindling, as defined in Articles 315 and 316 of the RPC, is committed; (b) it 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.

Here, using Multitel as their conduit, Baladjay and her more than five (5) counselors employed deceit and falsely pretended to have the authority to solicit investments from the general public when, in truth, they did not have such authority. Baladjay's counselors actively solicited investments from the public, promising very high interest returns. Convinced of Baladjay's and her counselors' promise of lucrative income, the private complainants were then enticed to invest in Multitel. Eventually, Baladjay and her cohorts ran away with the private complainants' money causing them damage and prejudice.

Ratio Decidendi: The gravamen of syndicated estafa is the employment of fraud or deceit to the damage or prejudice of another.

Gist: This an appeal from the Decision CA, which affirmed the guilty verdict meted by the RTC finding appellant of the crime of Syndicated Estafa.