Republic of the Philippines

NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE
CRIMINAL INVESTIGATION AND DETECTION GROUP
CIDG REGIONAL FIELD UNIT 8
Port Area, Tacloban City

September 12, 2022

THE HONORABLE PROVINCIAL PROSECUTOR

Tacloban City Prosecution Office
Bulwagan ng Katarungan, Magsaysay Blvd.,
Tacloban City

Sir/Madam:

Respectfully referred to your office for regular preliminary investigation are the pertinent
records of investigation relative to the case for 13-counts of violation of BP 22 as a
means to commit fraud / Estafa in 13-counts counts sometimes on January 29, 2022;
February 4, 2022; March 5, 2022 and issuance of several checks (PDC) but were
dishonored, such PDC issued on March 9, 2022; April 30, 2022; May 2, 2022; May 10,
2022; May 12, 2022 and June 17, 2022, respectively:

A. SUSPECT:

1. Raymond Famor Miscala, of legal age, married and a resident of Ecoville

Subdivision, Tacloban City;

B. COMPLAINANT

2. Jocebel Dabalos Roda, 55 years old, married and a resident of Brgy Abango,
Barugo, Leyte;

C. FACTS OF THE CASE:

3. This is a complaint filed Ms Jocebel Dabalos Roda, Filipino, 55 years old,

married and a resident of Brgy Abango, Barugo, Leyte and a Fish Broker as her
source of income, for violation of BP 22 and Estafa. The antecedent facts of
the case as borne out by the record of the case.

4. In her Complaint-Affidavit, complainant averred that sometime on January 29,

2022 at about 2:00 PM, She first met the suspect, Mr Miscala, when a friend of
her, named Amelita Cabellas, came to her house in Brgy Abango, Barugo,
Leyte. The latter referred and introduced Mr Miscala as an Engineer/Contractor
with many projects, as Mr Miscala manifested his intention to borrow money
and he was able to borrow a sum of one hundred thousand pesos
(Php100,000.00). This loan is secured by a single motorcycle and he left to the
complainant the original copies of OR / CR.

5. Further, lamented that the reason why Mr Miscala borrowed her money that
day, because the latter pretended that he was involved in a vehicular accident
in Carigara Leyte and his victims were in the hospital who were injured and he
said he needed to pay for the hospital expenses. Aside from security (OR/CR),
suspect also issued a Post-dated check in complainant’s favor, covering said
amount. Mr Miscala at that juncture, promised to pay on or before completion
of his work. However, the Post-dated Check (PDC) was dishonor by the bank
due to close-account.

CASE REFERRAL FOR ESTAFA BY MEANS OF DECEIT

6. Sometime on February 4, 2022, Mr Miscala went complainant’s house and
borrowed a sum of Php200,000.00 to get the shipment in Ormoc City.
According to the complainant, suspect promised to her 50% profit sharing from
the net income on disposition of those construction supplies, but complainant
did not accept the offer of 50% profit share because she just wanted to help her
friends, like the suspect.

7. On February 16, 2022 suspect again borrowed an amount of Php150,000.00

and he promised to pay it as soon as possible. Allegedly, after one (1) week
thereafter, complainant followed-up to the suspect by calling, as to what
happened regarding his shipment in Ormoc City, but said there was a delay
and does not yet get the shipment.

8. On March 5, 2022, suspect borrowed an additional Php50,000.00 to pay

deposit for the truck that will pick up his shipment in Ormoc City. Days
thereafter, he likewise makes advances which totaled an amount
Php725,000.00.

9. Consequently, complainant started to demand payment several times in the

second week of March 2022. But he only promised to pay but no payment was
made.

10. On March 19, 2022 about in the evening, Mr Miscala communicated with the
complainant and told that he had already deposited an amount of
Php500,000.00 and another Php225,000.00 via bank transfer to complainant’s
account (Passbook), respectively. In that evening, suspect informed
complainant that the bank transfer of Php500,000.00 was successful. When
complainant update her passbook on March 20, 2022 in Metrobank Rizal
Avenue Branch it reflected an amount of Php500.00 not Php500,000.00.

11. On March 20, 2022 complainant called the suspect as to why only Php500.00
was reflected in the passbook instead of Php500,000.00. Mr Miscala explained
that there is always a delay if the money involved is large sum of money.
However, he said that he would pay in full.

12. On May 6, 2022, suspect issued a check of Security Bank which was payable
to the order of Jocebel Fish Broker amounting to Php1,725.994.23 million
pesos and the same was deposited to complainant’s account in Metrobank in
full. On very same day, suspect went to complainant’s house to get the surplus
of Php1,725.994.23 (Check) and Php725,000.00 (debts), accordingly, she give
him the surplus or excess amounting to Php600,000.00 plus. When
complainant checked her passbook no amount was reflected and the check
was dishonored by the bank due to close-account, now his debts totaled an
amount of PHp1,100,000.00 million pesos.

13. Complainant summarized the following checks which was deposited allegedly
to the complainant’s account that totataled an amount of Php1,725,994.23 as
follows:

a. April 2022 – Php135,000.00;

b. May 2, 2022 – Php164,000.00;
c. May 9, 2022 – Php255,000.00;
d. May 10, 2022 – Php152,000.00;
e. May 13, 2022 – Php452,000.00

TOTAL – Php706,000.00

CASE REFERRAL FOR ESTAFA BY MEANS OF DECEIT

14. To compute the debts summarized as Php725,000.00 + 1,100,000.00 +
706,000.00 = Php2,531,000.00 and not Php2,200,000.00 as complainant
mathematically erred in her computation in the demand letter.

15. On June 17, 2022, suspect gives and shows a bank slip showing transaction or
deposit amounting to Php2,400.800.00. complainant also checked the same
but none of them truly deposited said amount in her account. Reason for the
complainant to sent to the respondent a Final and Last Demand letter dated
July 14, 2022 and it was personally received by the respondent on same date.
However, suspect maintained his refusal to settle his account.

16. In sum, the evidence consisting of written document and the circumstances of
the case has proved the following elements of Estafa are as follows: (1) The
offender has postdated or issued a check in payment of an obligation
contracted at the time of the postdating or issuance; (2) at the time of
postdating or issuance of said check, the offender has no funds in the bank or
the funds deposited were not sufficient to cover the obligations; (3) There was
abuse of confidence thru fraud by encashing the check despite having
knowledge that the bank account was closed.

VI. EVIDENCE:

a. Investigation Data Form (IDF);

b. Promissory Note dated June 6, 2022
c. Complaint Sheet dated July 14, 2022
d. Complaint Affidavit of Jocebel Roda;
e. Last and Final Demand Letter dated July 14, 2022
f. Eastwest bank PDC dated June 17, 2022 with amount
Php2,400,800.00;
g. Inward Return Advice (RCA) business date June 17, 2022, reason for
return: Closed Account;
h. Eastwest bank PDC dated April 30, 2022 with amount Php135,000.00;
i. Inward Return Advice (RCA) business date May 5, 2022, reason for
return: Closed Account;
j. Eastwest bank PDC dated May 2, 2022 with amount Php164,000.00;
k. Inward Return Advice (RCA) business date May 5, 2022, reason for
return: Closed Account;
l. Eastwest bank PDC dated May 9, 2022 with amount Php255,000.00;
m. Inward Return Advice (RCA) business date June 20, 2022, reason for
return: Closed Account;
n. Eastwest bank PDC dated May 10, 2022 with amount Php152,800.00;
o. Inward Return Advice (RCA) business date June 20, 2022, reason for
return: Closed Account;
p. Eastwest bank PDC dated May 12, 2022 with amount Php452,264.00;
q. Inward Return Advice (RCA) business date June 20, 2022, reason for
return: Closed Account;
r. Acknowledgments of Debt (Notebook) will be presented by the
complainant during preliminary investigation proper

VII. CONCLUSION:

17. The remaining fact in issue to be resolved at, is what proper offense should be
filed against the suspect. Consequently, the aforementioned suspect does an
act contrary to ESTAFA BY MEANS OF DECEIT (Art 315, No, 2-d RPC as
amended by RA 4885) which provides that:

CASE REFERRAL FOR ESTAFA BY MEANS OF DECEIT

“Article 315, No. 2 RPC

(d) By post-dating a check, or issuing a check in payment of an obligation

when the offender therein were not sufficient to cover the amount of the
check. The failure of the drawer of the check to deposit the amount
necessary to cover his check within three (3) days from receipt of notice
from the bank and/or the payee or holder that said check has been
dishonored for lack of insufficiency of funds shall be prima facie evidence
of deceit constituting false pretense or fraudulent act.  (As amended by
R.A. 4885, approved June 17, 1967.)

VIII. RECOMMENDATION/DISPOSITION

18. Based on the foregoing established facts which was supported by documentary
evidence, the herein handling investigator is respectfully recommending that an
offense for violation of Article 315, paragraph 2 (d) as amended by RA 4885 be
instituted thru regular preliminary investigation against RAYMOND FAMOR
MISCALA a resident of Ecoville Subdivision, Carigara, Leyte.

Prepared by:

PEMS Noel B Coral

Investigator On Case / 09955406233

Recommend for filing:

DEOGRACIS PEDONG DIAZ III

Police Captain
Chief, Operations / TL, Special Operations Team

APPROVED/DISAPPROVED:

NORMAN M PATNAAN
Police Lieutenant Colonel
Asst Regional Chief / Admin Officer

CASE REFERRAL FOR ESTAFA BY MEANS OF DECEIT