THE Davao City Prosecution Office dismissed last month the estafa charges filed against a cosmetic dealer accused for not paying her debts to a friend and fellow cosmetic dealer in Tugbok District, Davao City.
Charged with estafa was Oliva Getes Capungan, a cosmetic dealer. She was charged following the complaint of her friend Jerson Manabit, who is also a cosmetic dealer and rice/dry goods dealer in Tugbok District.
In a two-page resolution dated June 29, prosecutor Serafica Justiniani-Weis dismissed the complaint filed against the accused as the presumption of fraud employed to entice the complainant to release money/products does not apply.
On the bouncing checks from the accused to the complainant, which was dishonored because the account of the accused was closed, the requisite notice of dishonor was not complied, the prosecutor added.
Justiniani-Weis said there is no verification that there was personal notice received by the accused. He added that the allegation also that the latter has transferred to Manila would at most be considered as rumors.
"Even the excerpt of the daily record of event which was attached to the complaint stating therein that complainant's worker went to the store and found it closed, would be a mere self-serving statement," Justiniani-Weis said.
He said the worker of the complainant failed to execute an affidavit attesting that the store of the accused is closed.
The accused was earlier charged after she borrowed P120,000 sometime in September from the complainant as she needed money for the burial of her grandmother.
Capungan promised to return the borrowed cash from Manabit within 15 days but the latter failed to pay her debts. She also took some cosmetic products worth P22,400 from the branch store of the complainant in Sandawa, Matina.
According to the complainant, the accused took the cosmetic products without his consent.
Few months after, Manabit contacted Capungan for her to pay her outstanding balance and pay the borrowed cash, including the cosmetic products she earlier took.
The accused asked the complainant to give her more time and promised to issue a postdated check for payment. The two made a written agreement witnessed by two people and duly notarized by a lawyer on the matter.
Just to help the accused recover from her financial straits, the complainant even suggested to her to display cosmetic products worth P120,040 in her store, to have a commission on every sale made.
But no remittance of the proceeds of the sale of the products was made by the accused, according to Manabit.
The accused promised to pay the complainant in March 2017. She issued four Enterprise Bank checks to the complainant. These were postdated checks.
But the checks bounced or were dishonored when presented for payment on their due dates as the account of the accused was already closed.
The wife of the complainant contacted the accused but the latter could not be reached. The sales lady of the accused informed the complainant that the accused left Davao City and went to Manila.