REPUBLIC OF THE PHILIPPINES

OFFICE OF THE CITY PROSECUTOR MANILA

Manila
Patrick Stephen Cua,
Complainant,
- versus - I.S. No. _________
For: Estafa
Richard Santos,
Respondent.
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COMPLAINT-AFFIDAVIT
The complainant is Patrick Stephen Cua, of legal age, married, Filipino and, for
purposes of this criminal complaint, with postal address at: 629 Del Monte Avenue,
Quezon City.
The respondent is Richard Santos, a.k.a. Ricardo, of legal age, married, Filipino
national, and with the following address, where summons and notices may be served, to
wit: 285 Banawe Street, Quezon City.
This is a criminal complaint for ESTAFA involving the sum of Ten Million Pesos
(P10,000,000.00) arising from fraud by the respondent.
After having been duly sworn to according to law hereby depose and say:
(1) This complaint-affidavit is being filed to charge Richard Santos a.k.a Ricardo,
Filipino, of legal age, and with residence at 285 Banawe Street, Quezon City of the
crime of ESTAFA under Article 315 of the Revised Penal Code, committed as follows:
(a) I am a son of a renowned family of artists who have an extreme appreciation
for the arts. I became a collector of paintings from the time I started travelling in Europe
and going to its museums.
(b) On May 16, 2012, while I was in Guggenheim Museum Bilbao, one of the
most famous museums in Europe, I met Ricardo whom I became easily friends with
especially when I knew that he is also a Filipino with the same degree of appreciation
with the arts as I do.
(c) On May 18, 2012, two days after we initially met and the last day before we
both go back to the Philippines, we had coffee together and roamed around the
downtown of Bilbao. Ricardo offered me for sale of P10,000,000 a genuine masterpiece
painting of the renowned painter, Pablo Picasso -- The Old Guitarist which Picasso

made in 1903. Ricardo mentioned that his great grandfather acquired it as a gift from
Picasso himself since his father saved Picasso from an accident in Tagus River at
Alcntara, Spain one time, and they were good friends.
(d) Considering the trust I have for him and his extreme appreciation for the arts,
especially that I am an avid fan of Pablo Picasso, I agreed to buy the painting and pay
in full amount as soon as we go back to the Philippines. Ricardo agreed, and he said
that we just meet in Starbucks, Taft on May 23, 2012.
(e) On May 23, 2012, Ricardo and I met. I paid the him Ten Million Pesos
(P10,000,000) in full amount. I agreed that the painting will be delivered in three days.
(f) On May 26, 2012, The Old Guitarist masterpiece painting of Picasso arrived at
my house. I was with my friends at that time who are Mika Lim and Carlwin Ong who
are all professional and successful artists. I even boasted the painting saying that I
actually bought it for Ten Million Pesos just the other day from my friend who is a
grandson of a friend of Picasso himself. Carlwin, a very meticulous brilliant artist, looked
into the details of the paintings and found out that it is not authentic. Mika agreed that it
is fake, and said I was defrauded by the one who sold to me the painting.
(g) I immediately called Ricardo. Unfortunately, it seemed that Ricardo changed
his number to avoid being reached by anyone.
(h) On May 28, 2012, I went to the Ayala Museum to have the genuity of the
painting checked. The painting was left to the Museum for three days for inspection of
the genuity of the painting. It was confirmed that it is fake through the letter the Museum
sent to me. I was very depressed and left with no choice but just to pick up the painting
from the Museum and keep the painting with me nevertheless.
(2) As I am already presently of legal age, I am personally filing this formal complaint
against Richard Santos aka Ricardo.
(3) The elements of estafa are to defraud another by abuse of confidence or by means
of deceit, damage and prejudice capable of financial estimation is caused the offended
party or third person, and that the offended party must rely on the false pretense,
fraudulent act or fraudulent means committed by the offender.
(4) Based on the foregoing, it is beyond complain that respondent Richard Santos
committed the crime of estafa punishable under Art. 315 of the Revised Penal Code. He
defrauded me to believe that the painting is genuine. This constitutes statutory estafa as
defined in our laws.
Applicable Laws
5.1. Article 315 of the Revised Penal Code on deceit/swindling (estafa) provides any
person who shall defraud another by any of the means mentioned therein shall be

punished by the penalty of prision correccional in its maximum period to prision mayor
in its minimum period, if the amount of the fraud is over 12,000 pesos but does not
exceed 22,000 pesos, and if such amount exceeds the latter sum, the penalty provided
in this paragraph shall be imposed in its maximum period, adding one year for each
additional 10,000 pesos; but the total penalty which may be imposed shall not exceed
twenty years; provided that the fraud be committed by any of the following means:
1. With unfaithfulness or abuse of confidence, namely:
Richard Santos a.k.a. Ricardo
(b) By misappropriating or converting, to the prejudice of another, money, goods, or
any other personal property received by the offender in trust or on commission, or
for administration, or under any other obligation involving the duty to make
delivery of or to return the same, even though such obligation be totally or partially
guaranteed by a bond; or by denying having received such money, goods, or other
property.
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 fictitious name, or falsely pretending to possess power, influence,
qualifications, property, credit, agency, business or imaginary transactions, or by means
of other similar deceits.
(b) By pretending to have bribed any Government employee, without prejudice to the
action for calumny which the offended party may deem proper to bring against the
offender. In this case, the offender shall be punished by the maximum period of the
penalty.
5.2. Article 316 (other forms of swindling) of the Revised Penal Code provides that the
penalty of arresto mayor in its minimum and medium periods and a fine of not less than
the value of the damage caused and not more than three times such value, shall be
imposed upon any person who, to the prejudice of another, shall execute any
fictitious contract.
5.3. Article 318 (other deceits) of the Revised Penal Code provides that 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.
WHEREFORE, premises considered, it is respectfully prayed that after notice and
hearing the respondent be indicted for ESTAFA to protect/preserve the right/interest of
the complainant to recover his claim of Ten Million Pesos (P10,000,000.00), plus
exemplary damages of P200,000.00, moral damages of P200,000.00, attorneys fees of
P250,000.00 plus 5% of the recoverable amounts, and costs of suit.

Makati City, August 15, 2012.

Patrick Stephen Cua
Complainant
LTO Drivers License No.
_ A46-48-749372 _
Expiring on _2013-03-28_
Assisted By:
GUTIERREZ-ONG LAW OFFICES
Counsel for the Complainant
Unit 23, One Rockwell
Makati City 701
Tel. No. 8725423; Fax No. 8462559.
REMAR GRIFFIN S. GUTIERREZ
Roll No. 45678, 3/27/96
IBP Lifetime Member No. 1907
IBP Manila Chapter
PTR 1016909, 1/7/11, Makati City
MCLE Compliance No. IV-1326, 2/3/11
SUBSCRIBED and sworn to before in Makati City me this _15th_ day of August
2012, affiant/complainant showing his official identification document as stated above.
Administering Assistant City Prosecutor

ANNEX A
Ayala Museum
Makati Avenue cor. De La Rosa Street Makati City, Philippines.
+63 (2) 7577117 to 21
Dear Mr. Cua,
We regret to inform you that after thorough inspection of the painting you own -The Old Guitarist by Pablo Picasso -- we found out that it is not genuine. You may
pick it up at any time you are available to do so.
Thank you.

Mr. Calvin Tiongson

Museum Director