THE Office of the Cebu City Prosecutor indicted a car agent who allegedly refused to pay in full the proceeds of a car owned by a lawyer in 2013.
Prosecutor Noel Cellona found evidence to charge Francisco Dimataga with estafa before the Regional Trial Court in Cebu City.
Dimataga allegedly defrauded lawyer Socorro D’ Marie Inting when he failed to pay in full the proceeds of the sale of the car amounting to P160,000.
“Demand to return or remit was made but not complied. The respondent then could be held liable for the crime of estafa,” said Cellona in his two-page resolution.
In her complaint-affidavit, Inting said she decided to sell her car, a Honda wagon, since she could not find a parking area for it.
She said a friend told her that Dimataga, being an agent, could help her sell her car.
The accused agreed to sell her car on consignment basis and said that he would display the car in his showroom.
When Inting’s former office messenger delivered the car to Dimataga, the accused called her to ask about the price since his daughter was interested to purchase the vehicle.
Dimataga negotiated for the price and Inting agreed to sell her vehicle for P160,000.
The accused promised to pay P60,000 as down payment and assured that he would pay the balance before March 2014.
In May 2013, Dimataga deposited P20,000 in her bank account.
The lawyer also sent him a copy of the contract to sell, but the latter refused to print and sign the document.
Inting also made several demand for Dimataga to pay her the remaining balance, but the accused kept giving her “flimsy excuses.”
The lawyer said she later discovered that Dimataga sold her car to a third party. She demanded for the return of her car or payment of the agreed price, but he failed to do so.
Dimataga failed to submit his counter-affidavit, prompting the prosecutor to resolve the complaint based on evidence presented by the complainant.
“He (Dimataga) negotiated for a lower price telling that it was his own daughter who will buy it but later learned that he sold it to a third party but did not remit to the complainant the agreed price,” said Prosecutor Cellona in the resolution.