REPUBLIC OF THE PHILIPPINESOFFICE OF THE CITY PROSECUTOR MANILA

ManilaPatrick Stephen Cua,Complainant, - versus - I.S. No. _________For: EstafaRichard Santos,Respondent.

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COMPLAINT-AFFIDAVIT

The complainant is Patrick Stephen Cua, of legal age, married, Filipino and, for purposes of this criminal complaint, with postal address at: 629 Del Monte Avenue, Quezon City.

The respondent is Richard Santos, a.k.a. “Ricardo”, of legal age, married, Filipino national, and with the following address, where summons and notices may be served, to wit: 285 Banawe Street, Quezon City. This is a criminal complaint for ESTAFA involving the sum of Ten Million Pesos (P10,000,000.00) arising from fraud by the respondent.

After having been duly sworn to according to law hereby depose and say:

(1) This complaint-affidavit is being filed to charge Richard Santos a.k.a “Ricardo”, Filipino, of legal age, and with residence at 285 Banawe Street, Quezon City of the crime of ESTAFA under Article 315 of the Revised Penal Code, committed as follows:

(a) I am a son of a renowned family of artists who have an extreme appreciation for the arts. I became a collector of paintings from the time I started travelling in Europe and going to its museums.

(b) On May 16, 2012, while I was in Guggenheim Museum Bilbao, one of the most famous museums in Europe, I met Ricardo whom I became easily friends with especially when I knew that he is also a Filipino with the same degree of appreciation with the arts as I do.

(c) On May 18, 2012, two days after we initially met and the last day before we both go back to the Philippines, we had coffee together and roamed around the downtown of Bilbao. Ricardo offered me for sale of P10,000,000 a genuine masterpiece painting of the renowned painter, Pablo Picasso -- The Old Guitarist which Picasso

made in 1903. Ricardo mentioned that his great grandfather acquired it as a gift from Picasso himself since his father saved Picasso from an accident in Tagus River at Alcántara, Spain one time, and they were good friends.

(d) Considering the trust I have for him and his extreme appreciation for the arts, especially that I am an avid fan of Pablo Picasso, I agreed to buy the painting and pay in full amount as soon as we go back to the Philippines. Ricardo agreed, and he said that we just meet in Starbucks, Taft on May 23, 2012.

(e) On May 23, 2012, Ricardo and I met. I paid the him Ten Million Pesos (P10,000,000) in full amount. I agreed that the painting will be delivered in three days.

(f) On May 26, 2012, The Old Guitarist masterpiece painting of Picasso arrived at my house. I was with my friends at that time who are Mika Lim and Carlwin Ong who are all professional and successful artists. I even boasted the painting saying that I actually bought it for Ten Million Pesos just the other day from my friend who is a grandson of a friend of Picasso himself. Carlwin, a very meticulous brilliant artist, looked into the details of the paintings and found out that it is not authentic. Mika agreed that it is fake, and said I was defrauded by the one who sold to me the painting.

(g) I immediately called Ricardo. Unfortunately, it seemed that Ricardo changed his number to avoid being reached by anyone.

(h) On May 28, 2012, I went to the Ayala Museum to have the genuity of the painting checked. The painting was left to the Museum for three days for inspection of the genuity of the painting. It was confirmed that it is fake through the letter the Museum sent to me. I was very depressed and left with no choice but just to pick up the painting from the Museum and keep the painting with me nevertheless.

(2) As I am already presently of legal age, I am personally filing this formal complaint against Richard Santos aka “Ricardo”. (3) The elements of estafa are to defraud another by abuse of confidence or by means of deceit, damage and prejudice capable of financial estimation is caused the offended party or third person, and that the offended party must rely on the false pretense, fraudulent act or fraudulent means committed by the offender.

(4) Based on the foregoing, it is beyond complain that respondent Richard Santos committed the crime of estafa punishable under Art. 315 of the Revised Penal Code. He defrauded me to believe that the painting is genuine. This constitutes statutory estafa as defined in our laws.

Applicable Laws

5.1. Article 315 of the Revised Penal Code on deceit/swindling (estafa) provides any person who shall defraud another by any of the means mentioned therein shall be

punished by the penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years; provided that the fraud be committed by any of the following means:

1. With unfaithfulness or abuse of confidence, namely:Richard Santos a.k.a. “Ricardo”

(b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal property received by the offender in trust or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return the same, even though such obligation be totally or partially guaranteed by a bond; or by denying having received such money, goods, or other property.

2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:

(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits.

(b) By pretending to have bribed any Government employee, without prejudice to the action for calumny which the offended party may deem proper to bring against the offender. In this case, the offender shall be punished by the maximum period of the penalty.

5.2. Article 316 (other forms of swindling) of the Revised Penal Code provides that the penalty of arresto mayor in its minimum and medium periods and a fine of not less than the value of the damage caused and not more than three times such value, shall be imposed upon “any person who, to the prejudice of another, shall execute any fictitious contract.”

5.3. Article 318 (other deceits) of the Revised Penal Code provides that the penalty of arresto mayor and a fine of not less than the amount of the damage caused and not more than twice such amount shall be imposed upon any person who shall defraud or damage another by “any other deceit not mentioned in the preceding articles of this chapter.” WHEREFORE, premises considered, it is respectfully prayed that after notice and hearing the respondent be indicted for ESTAFA to protect/preserve the right/interest of the complainant to recover his claim of Ten Million Pesos (P10,000,000.00), plus exemplary damages of P200,000.00, moral damages of P200,000.00, attorney’s fees of P250,000.00 plus 5% of the recoverable amounts, and costs of suit.

Makati City, August 15, 2012.

Patrick Stephen Cua Complainant LTO Driver’s License No. _ A46-48-749372 _ Expiring on _2013-03-28_

Assisted By:

GUTIERREZ-ONG LAW OFFICESCounsel for the ComplainantUnit 23, One RockwellMakati City 701Tel. No. 8725423; Fax No. 8462559.

REMAR GRIFFIN S. GUTIERREZRoll No. 45678, 3/27/96IBP Lifetime Member No. 1907IBP Manila ChapterPTR 1016909, 1/7/11, Makati CityMCLE Compliance No. IV-1326, 2/3/11

SUBSCRIBED and sworn to before in Makati City me this _15th_ day of August 2012, affiant/complainant showing his official identification document as stated above.

Administering Assistant City Prosecutor

ANNEX A

Ayala Museum Makati Avenue cor. De La Rosa Street Makati City, Philippines.+63 (2) 7577117 to 21

Dear Mr. Cua,

We regret to inform you that after thorough inspection of the painting you own -- The Old Guitarist by Pablo Picasso -- we found out that it is not genuine. You may pick it up at any time you are available to do so.

Thank you.

Mr. Calvin TiongsonMuseum Director