Marikina court orders arrest of British nat’l, cohort for estafa
The Marikina Regional Trial Court has ordered the arrest of a British national and his co-accused in connection with an estafa case filed by a Filipino businessman. INQUIRER.net Stock Photo
MANILA, Philippines–The Marikina Regional Trial Court has ordered the arrest of a British national and his co-accused in connection with an estafa case filed by a Filipino businessman.
“You are hereby commanded to arrest (1) Lavish Mohan Paryani and (2) Reigna Reyes…who have been charged before me with the offense of Estafa under Article 315 as amended by Republic Act 10951,” reads the arrest warrant made public on Thursday.
The arrest warrant was issued after the Department of Justice (DOJ) found reasonable certainty of conviction to file the criminal case against the two in a resolution issued in February.
“Verily, prima facie evidence with reasonable certainty of conviction exists to support the indictment of respondents Lavish Mohan Paryani and Reigna Reyes for the crime of estafa…,” the DOJ ruled.
Marikina RTC Branch 263 Presiding Judge Rey Penacerrada Inciong, who issued the warrant, said the offense is “not bailable.”
The two were accused of employing “false pretenses,” that they secured a purchase order for 100 pieces of Apple Pro Vision worth P20 million from Solaire North to convince their victim, businessman Mark Joseph de Guia, to co-finance their transaction in the amount of P10 million with a promised interest of P2 million.
To be assured that he would be paid back, the accused allegedly issued a post-dated check amounting to P16 million in exchange for the P10 million in cash handed to him by the complainant and further assured that the check would be funded when encashed.
However, when the check was presented to the drawee bank on November 25, 2024, it was dishonored because the account was closed.
The complainant said a demand to pay the dishonored check was sent to the respondents but they failed to fund the account.
Citing a Supreme Court case “Juaquico vs. People,” the DOJ noted that in the crime of estafa by postdating or issuing a bad check, deceit and damage are essential elements of the offense and have to be established with “satisfactory proof” to warrant conviction, while the false pretense or fraudulent act must be committed prior to, or simultaneous with, the issuance of bad check.
“After careful evaluation of the allegations as well as the pieces of evidence submitted in this case, this Office finds prima facie case with reasonable certainty of conviction to indict respondents…,” the DOJ ruled.
The Pasay RTC issued an arrest warrant last year for a separate estafa case. The accused remains at large.