Court junks estafa raps vs ex-envoy

A Makati judge has dismissed the estafa charges filed against former ambassador to Spain Juan Jose Rocha.

In a five-page order, Judge Joselito Villarosa of the Makati Regional Trial Court Branch 66, said he finds “no probable cause has been established to charge the accused of the crime of estafa.”

Ma. Luisa Rocha, sister-in-law of the accused, alleged that Rocha defrauded her of her alleged share of proceeds from the sale of her deceased husband Arturo’s Jaguar.

Court records that on Oct. 28, 2004, Rocha received the sale proceeds of P1.710 million for the sale of a Jaguar S-Type V6 motor vehicle with plate number ART-383.

Luisa argued that Rocha has no authority to sell the vehicle. She said Rocha misappropriated, misapplied and converted to his own personal use and benefit one-half of the proceeds of the sale of the Jaguar and failed to deliver her share despite repeated demands.   “Under the Family Code Article 102, Section 94, Republic Act 8424, the surviving spouse is not entitled to any properly until all debts and obligations of the community including taxes are paid, as in this case.  The complainant as the surviving spouse cannot claim yet one-half of the conjugal property until after the liquidation of the debts,” the order read. – Rhodina Villanueva