Elvin Jones' comping on the intro to Resolution from Coltrane's A Love Supreme.Full description
Republic of the Philippines Department of Justice OFFICE OF THE CITY PROSECUTOR Makati City
Ma. Theresa S. Pamintuan, Complainant,
NPS No. XV-05-INV-09F-01882/MAEA For: Estafa and Falsification under the Revised Penal Code, as amended.
-versusJesus Salvador @ Lukey Lo, Respondent. x------------------------------------------------x
RESOLUTION This resolves the complaint for Estafa under Article 315, 2 (a) and Falsification of Private Document under Article 172 of the Revised Penal Code, as amended, filed by Ma. Theresa S. Pamintuan against Jesus Salvador @ Lukey Lo. Complainant is the owner and president of Tele Tech Marketing Communications Incorporated (Tele Tech for brevity). Tele Tech is being outsourced by different hotels and establishments to sell their membership cards to the public. Respondent is a contractual employee of the complainant. Sometime in 2008, respondent is hired as one of the sales agent of Tele Tech. The sale is done through telephone calls to prospective clients. If the prospective client will accede to the terms of sale, the respondent will process the necessary documents and mail it to the prospective client. The only thing needed in the transaction is the credit card number of the prospective client. Respondent is being paid on a commission basis per confirmed sell. Starting November 2008 to May 2009, Tele Tech starts receiving complaints from credit card holders denying that they buy membership card being sold through Tele Tech. An investigation is conducted by Tele Tech and it found out that the sales made by the respondent are without consent of the credit card holders. Respondent is able to make twenty-six (26) purchases of membership card without any authority from credit card holders. From those purchases, respondent receive thirteen thousand one hundred ten pesos (PHP 13,110.00) by way of commission. Respondent did not submit counter-affidavit nor did appear during the preliminary investigation. He is deemed to have effectively waived the right to present controverting evidence. After a careful study of the facts of the case, the undersigned undersigned finds that probable cause to indict the respondent for Estafa and Falsification do not exist. Nowhere in the complaint allege that respondent use deceit or abuse of confidence in order to get the credit card numbers of the prospective clients. There is no allegation also that respondent employs the false pretenses pretenses as enumerated in Art. 315, par. 2 (a). Nowhere in the complaint also allege what documents the respondent falsified. However,
respondent is held responsible for Other Forms of Deceit under Article 318 (1) of the Revised Penal Code, as amended. WHEREFORE, it is respectfully recommended that respondent Jesus Salvador @ Lukey Lo be indicted to Other Form of Deceit under Article 318 par. 1 of the Revised Penal Code, as amended. Makati City, September 1, 2009.
Ma. Agnes E. Alibanto Prosecutor
APPROVED:
FELICIANO A. ASPI City Prosecutor
Copy Furnished: Ma. Theresa S. Pamintuan Tele Tech Marketing Communications Incorporated Ortigas, Pasig City
