The Pasay City regional trial court (RTC) has dismissed the estafa complaint filed by a businessman against three persons in connection with the alleged supply of aggregates for a reclamation project in the city.
Dismissed by RTC Judge Edilwasif T. Baddiri in an order dated Dec. 11, 2023 was the case filed against Dina Josn Castro, Ma. Luisa J. Barlan and Helen B. Remolador by businessman Rodolfo Rimando Ambabag Jr.
Judge Baddiri ruled that the prosecution failed to produce evidence "to support a finding of probable cause for the commission of the offense of estafa under Article 315, paragraph 2 (a) of the Revised Penal Code, in relation to Section 6, Republic Act No. 10175 (Cybercrime Prevention Act of 2012)....”
With its ruling, the RTC ordered the National Bureau of Investigation (NBI) and the Quezon City police to immediately release from detention Castro, Barlan, and Remolador "unless they are being held for other lawful cause or causes."
But the RTC found probable cause to indict the other accused in the complaint filed by the businessman before the National Bureau of Investigation's Anti-Organized Transnational Crime Division (NBI-AOTCD).
Ambabag's complaint before the NBI-AOTCD led to the filing of the estafa case before the Pasay City RTC.
“On the other hand, considering that the prosecution has provided sufficient evidence for a finding probable cause for the commission of the offense of estafa under Article 315, paragraph 2 (a) of the Revised Penal Code, in relation to Section 6, Republic Act No. 10175 against accused Ryan Lester Dino y Placido @ Davis Luis Tan and Carlo Africa Maderazo, the case against them must proceed,” the RTC ruled.
On Ambabag's complaint, those charged with estafa were arrested by the NBI during an entrapment operation last Nov. 20 in Pasay City.
Under the information (criminal charge sheet) filed by the prosecution before the RTC, those named as accused allegedly, enticed Ambabag “to engage in the contract for the supply of aggregates in exchange for the payment of a ‘lock-inpayment fee’ of P500,000 and an upfront/initial payment fee of P100,000 in order the secure contract” in a reclamation project in Manila Bay.
The accusation stated that “they are connected with the Office of Senator Win Gatchalian and have the capacity to secure for him (Ambabag) a contract for the supply of aggregates for a reclamation project in Pasay City…”
Ambabag sought the help of the NBI after finding out that none of the accused were connected with the office of Senator Gatchalian.
Citing a joint affidavit of arrest of the NBI-AOTCD, the judge cited that NBI agents first arrested Maderazo and Tan at a coffee shop along Diosdado Macapagal Boulevard in Pasay City where they were caught receiving the marked money from the complainant.
The NBI-AOTCD operatives decided to conduct a hot pursuit operation of other suspected cohorts after they noticed the cellphone of Tan kept ringing and received massages from its contact numbers with the names “Ate Dina new” and “Ellen.”
“When Tan answered the phone call from ‘Ate Dina new’ in loudspeaker mode, it was heard from the caller the words ‘Ano okay na ba? Nakuha mo na yung pera? Pumunta ka na dito (Is it alright? Did you get the money? Come here),” reads the NBI-AOTCD joint affidavit.
“It could likewise be readily seen in the messages between Tan and the caller that there were discussions about the illicit transaction to solicit money from Ambabag,” it added.
The NBI-AOTCD said its operatives were able “to locate and identify the caller ‘Ate Dina new,’ along with a certain Ellen and Barlan, all female individuals, who were thereafter identified by Tan as his companions.”
However, Judge Baddiri said in his order: “The statement ‘Ano okay na ba? Nakuha mo na yung pera? Pumunta ka na dito.’ could not be interpreted to mean conspiracy between the accused without context."
The judge also said: "The statement has many connotations and cannot be conclusively or logically believed to mean that accused Dina Joson Castro @ Dinah Bartolome Lopez @Diwah Lopez Umali @Dina Bartolome Joson, Ma. Luisa Barlan y Joson, and Helen Remolador y Bartolome had knowledge of the transactions entered into by accused Ryan Lester Dino y Placido @Davis Luis Tan and Carlo Africa Maderazo that day. This is especially so, when the prosecution has not submitted screen copies and/or a transcript of the alleged messages between this ‘Ate Dina new’ and this Tan where allegedly it can be readily seen there were discussions about the elicit transaction to solicit money from private complainant Ambabag.”