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Tuesday, May 02, 2006
Couple convicted of estafa over sale of lots worth close to P1M
A former government employee and her husband were convicted of swindling after duping another couple into buying two parcels of land worth close to a million pesos.
Although spouses Eduardo and Vivian Tan were only sentenced to two months in jail, the court also ordered them to pay the complainants P998,000, the amount of the two lots, and attorney’s fees.
Abraham and Avelina Magdadaro of San Isidro, Talisay City filed a case for other forms of swindling under Article 316 of the Revised Penal Code against the Tans.
They claimed that the Tan couple sold to them two parcels of lots, one in Dawis, Inayawan, Cebu City, and another in Laray, Talisay City on May 23, 2001.
Land titles
The Inayawan lot has an area of 1,999 square meters and costs P599,000. The 394-square meter Talisay lot, on the other hand, is worth P394,000.
Abraham and Avelina said the Tans promised to give them the titles of the lots within 30 days of the sale. But the couple failed to do so.
This prompted the Magdadaro couple to seek the help of lawyer Sisinio Andales, who sent the Tans a demand letter that the titles be released in 15 days.
Still, Eduardo and Vivian failed to do so. A case was then filed against them.
Since the case was covered under the rules of summary procedure, Judge Mario Manayon of the Talisay Municipal Trial Court in Cities ordered both parties to submit their respective affidavits, along with their own witnesses.
The Tans, though, failed to present any witness.
The prosecution, aside from presenting a witness, offered among its evidence the deed of absolute sale executed by Eduardo and Vivian in favor of the Magdadaros, for both lots.
Other pieces of evidence include receipts that the Magdadaros paid the Tans for the lots.
On the part of the Tan couple, they opted not to present any witness but only pledged to formally offer their evidence in court.
However, until the case was submitted for decision, Eduardo and Vivian failed to present any evidence in court, prompting Manayon to rule against them.
Vivian, though, is no stranger to estafa and swindling charges. In 2003, she was charged along with five others, with six counts of estafa and falsification of documents.
They were arrested in an entrapment operation for fooling another couple into buying at least five lots, mostly in Talisay City. (JGA)
For Bisaya stories from Cebu. Click here. (May 2, 2006 issue)
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