CEBU, Philippines - For lack of jurisdiction, Judge James Stewart Ramon Himalaloan of Regional Trial Court Branch 9 dismissed the case filed against a radio blocktimer.
City Prosecutor Nicolas Sellon, who approved the filing of the case against Arman Cuban for deceit under paragraph 2 Article 318 of the Revised Penal Code, said he will withdraw the case and refile.
The information or charge sheet should have been filed before the Municipal Trial Court in Cities (MTCC) and not with the Regional Trial Court (RTC).
Earlier, Prosecutor Aurora Peñaflor elevated the case to the court which was approved by Sellon. Peñaflor required no bail for the case.
Cuban was charged for defrauding complainant Ferdinand Amores for taking advantage by advertising himself in a local newspaper as a fortune teller and able to cure different sicknesses and solve problems.
In the affidavit executed by Amores, he said upon reading the said advertisement, he immediately called Cuban through the given phone number.
He added that Cuban went to their residence and told him that his lot had gold deposits and in order to extract it, they will offer prayers using black candles.
Amores said he was made to pay P70,000 for black candles.
First, he deposited P7,000 to the bank account of Cuban for down payment. Later, he deposited P70,000. Finally he deposited P5,000 to buy black plastic bags to be used as containers for the gold deposits.
Amores said after giving a total of P82,000 to Cuban, the latter could no longer be contacted despite several calls. He added he later learned that Cuban was arrested for swindling.
In the resolution penned by Peñaflor, she said she found enough basis to elevate the case to the court after Cuban failed to submit his counter-affidavit.
“After evaluating the uncontroverted evidence of the complaint, undersigned finds probable cause to indict respondent the crime of other deceit,” she said. — (FREEMAN)