2 men face raps for estafa try

TWO young men are now facing charges before the Regional Trial Court (RTC) for trying to deceive a lady in a bank through their fake documents.

Charged with attempted estafa through falsification of a commercial document were Rodny Untalan Sansaet, 28, of Lapu-Lapu in Agdao, and Roel Bitaca Opong, 21, of 39-D Washington, Davao City.

Prosecutor Gaye T. Canete-Magdagasang found probable cause to charge the two accused based on the complaint/affidavit filed by one Julie Ann Albert Sasin.

In a resolution dated on March 14, the accused were brought before the prosecution office for inquest proceedings after being arrested without a warrant.

The complainant received a phone call from Rizal Branch of Banco De Oro informing her that she has a check worth P500,000 with BDO No. 0303059 dated March 8, 2012 and is payable by the Sansaet.

Sasin, in her statement, said she immediately verified her checkbook which she learned that she did not issue such amount thus, she went to the said bank and confronted Sansaet about the matter.

Sansaet, on the other hand, tagged Opong on the same crime, and told Sasin that the check was given to them by one Maricel, her former housemaid, who stole a check from her during her service in the house.

Canete-Magdagasang, in her resolution, said since the complainant went earlier to bank even if the check have not converted into cash, charges of theft and falsification of commercial document have been filed against the former housemaid, Maricel Tusan Ogis.

During the commission of the offense on March 13, Ogis was arrested following hot pursuit operation of the authorities.

However, the prosecution dismissed for lack of evidence the complaint against Ogis for her involvement in the esatafa charges since the basis for her arrest was the accusation of Sansaet and Opong against her.

"Furthermore, the evidence submitted for inquest proceedings was insufficient as there are no affidavits of arrest and turned over of the accused (Ogis)," Canete-Magdagasang said.

Canete-Magdagasang said he find probable cause to charge Sansaet and Opong for making it appear that the complainant participated the execution of the check, when the truth she did not.

The two accused were earlier detained at the Sta. Ana Police Station and were released, after both posted P30,000 bail.