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Plaintiff,
Accused
X__________________________/
2. 1. Accused respectfully moves to quash the Formatted: Indent: First line: 0.44", No bullets or
numbering
information dated
February 20, 2018 on the ground that the facts charged do not Formatted: Indent: First line: 0.44"
constitute an offense .
3. Formatted: No bullets or numbering
2. To constitute an offense the following elements must be Formatted: List Paragraph1, Indent: First line: 0.5",
Pattern: Clear (White)
present:
4. Formatted: Indent: First line: 0.5", No bullets or
1. 2.1. Under Article 315 1(B) wWith unfaithfulness Formatted: Font: Not Bold
“(b) By misappropriating or converting, to the prejudice of Formatted: Indent: Left: 1", Right: 0.5"
3. The information for Estafa filed in this Honorable Court Formatted: Indent: Left: 0", First line: 0.44"
reads as follows :
3. Formatted: Indent: Left: 0.44", No bullets or numbering
“
That sometime on the 6th day of the month of July 2017 and Formatted: Font: 12 pt
subsequent thereto, in the City of Naga, Province of Cebu, Formatted: Indent: Left: 1", First line: 0", Right: 0.5"
Philippines and within the jurisdiction of this Honorable
Court, the above-named accused,being the Contractor of two
story house to be completed/finished in the month of
November 2017 on the 37 square meter lot of SPS. JOSE
ERWIN LORENZO and MA.DESIREE CARMELA
LORENZO, with unfaithfulness and abuse of confidence
reposed upon him by the spouses, and with intent to
defraud SPS.JOSE ERWIN LORENZO and MA. DESIREE
CARMELA LORENZO, after having received the amount of
FIVE HUNDRED SIXTY THREE THOUSAND (PhP
563,000.00) PESOS in trust to him for the construction of the
house of SPS. LORENZO, and once in possession of the
money and after making initial construction of the house,
and far from complying of his obligation to complete and
finish the construction or return the money received despite
of several demands, the said accused, did then and there
willfully, unlawfully and feloniously misappropriate and/or
convert the said money to his own personal use and benefit,
to the damage and prejudice of SPS. JOSE ERWIN
LORENZO and MA. DESIREE CARMELA LORENZO in
the aforementioned amount.”
Formatted: Font: 12 pt
4.1. There was no unfaithfulness or abuse of Formatted: Indent: Left: 0.5", First line: 0.5", No bullets
or numbering
confidence when accused agreed to handle the
construction. It was the complainant, Jose ErwinJose
Erwin Lorenzo the office mate of the accused who first
sought his service to draft a free hand design for a 37 -
square meter lot. The free hand draft was even requested
for free by the complainant. Accused never brag or never
made any pretenses, nor made an effort to convince the
Spouses on his capacity to do a design and build
services.
No Misappropriation
Formatted: Normal, Indent: Left: 0"
5.2 4.2. The money received by the accused from Formatted: Indent: Left: 0.5", First line: 0.5", No bullets
or numbering
the Spouses Lorenzo was not given in one time basis.
Simply put, there was a progress report in order order
for the Spouses to impart their money and it was
substantiated with receipts and that the Spouses
themselves can attest the materials were being used in
the construction as provided by the picture attached in
their Judicialjudicial affidavits. Otherwise, the
House would not be erected at all.
5.3 4.3. Despite delay in the completion of the Formatted: Indent: Left: 0.5", First line: 0.5", No bullets
or numbering
work , accused never left or did not run awayran away
from his
obligationObligation . Delays were due to Formatted: Indent: Left: 0.5", First line: 0.5"
5.4 4.4. For a cost of PhP 563,000.0 the Spouses can Formatted: Indent: Left: 0.5", First line: 0.5", No bullets
or numbering
make a rough estimate that the erected house would consumed
that amount and even more( considering the labor and
materials involved) also, because of the additional cost, and
that accused even infused money from his own pocket. It was
actually the Spouses complainants who benefited from this
transaction , they are trying to get more than what they gave to
the contractor
6. Formatted: Indent: Left: 0.5", No bullets or numbering
7. 4.5. Given the circumstances, it is but only Formatted: Indent: Left: 0.5", First line: 0.5", No bullets
or numbering
proper that
at this stage, the information be quashed, otherwise Formatted: Indent: Left: 0.5", First line: 0.5"
WHEREFORE, premises considered accused Cris Formatted: Justified, Indent: Left: 0"
Wherefore, premises considered, accused CRIS Formatted: Indent: Left: 0", First line: 0.5"
ALIGANGA respectfully prays that the INFORMATION Formatted: Indent: First line: 0.5"
A ACOSTA &ASSOCIATES
Accused’s Counsel
Unit 1606, 16 th Floor, Keppel Centre
Cardinal Rosales Avenue corner Samar Loop
Cebu Business Park
Cebu City, Philippines 6000
Telephone Number : 032 354 9908
Mobile Number: 0928 506 3466
Email: Abraham@AcostaLaw.phAbraham@AcostaLaw.ph Formatted: Default Paragraph Font, Font: +Body (Calibri),
11 pt, Not Expanded by / Condensed by , Pattern: Clear
Website: http//www.AcostaLaw.ph Formatted: Default Paragraph Font, Font: +Body (Calibri),
11 pt, Not Expanded by / Condensed by , Pattern: Clear
Formatted: No Spacing1, Centered
By:
MCLE Compliance No.: V-0006387; 27 February 2015 Formatted: No Spacing1, Indent: First line: 0", Pattern:
Clear
And By :
Formatted: Left
LUCILLE M. TEVES
Roll of Attorneys No.66995
IBP No.5622; January 05,2018 Cebu Chapter
PTR No.16726173; January 08,2018; Samboan Cebu
MCLE Exempt Formatted: Indent: First line: 0"
Notice of Hearing :
Greetings !
LUCILLE M.TEVES
Copy furnished:
Jeffrey C. Badilles
Office of the Prosecutor
LUCILLE M. TEVES
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