Republic of the Philippines )

Echague, Isabela )
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COMPLAINT-AFFIDAVIT

I, MARLON O. SALINAS, of legal age, Filipino, married and

with postal address at Purok 6, Brgy. Silauan Norte, Echague,
Isabela, under oath, hereby depose and state THAT:

1. This complaint-affidavit is being filed to charge KELVIN

CONCEJERO CASTAÑEDA, of legal age, married, Filipino and with
address at Purok 1 Oples, Nagcarlan, Laguna and ONE OASIS
CONDOMINIUM AS REPRESENTED BY ITS PRESIDENT OR ANY
AUTHORIZED REPRESENTATIVE, a juridical entity with address at
Ortigas Extension, Pasig City, Philippines of the crime of Estafa
defined and penalized under Article 315 (2) (a) of the Revised Penal
Code in relation to violation of Section 6 of Republic Act No. 10175
also know as “Cybercrime Prevention Act of 2012”, committed as
follows:
a. I am a Facebook App user and screenshot of my
facebook account is hereto attached as Annex “A”;

b. Last August 30, 2023, while I was browsing the

facebook market place, I saw a post selling a 2022 Mitsubishi
Strada 4x4 in the amount of P1,400,000.00. Said post is further
described with words “Assume balance/pasalo Strada athlete 4x4
AT Sports”. The Mitsubishi Strada subject of the post is an orange
Mitsubishi Strada bearing plate number DAR2804.

(Copy of the photo of the subject vehicle is hereto

attached as Annex “B and series”);

c. I became interested with the subject vehicle and I

directly messaged the facebook post and inquired about the vehicle.
In our conversation, I have known that the subject vehicle orange
Mitsubishi Strada bearing plate number DAR2804 is owned by one
KELVIN CONCEJERO CASTAÑEDA;

(Screenshot of our conversation is hereto attached as

Annexes “C and series”);
 (Copy of the Certificate of Registration, Official
Receipt and Driver’s License of KELVIN CONCEJERO
CASTAÑEDA is hereto attached as Annexes “D” to “F”,
respectively);

d. As seen in our facebook conversation, Kelvin

represented himself that he is the owner of the subject vehicle as
evidenced by the Certificate of Registration and Official Receipt of
the subject vehicle issued by the Land Transportation Office under
the name of Kelvin himself. Likewise, he represented that the
subject vehicle is now fully paid at Philippine Savings Bank as he
also presented the Identification Cards of a certain Rosana F. De
Vera and Emmanuela R. Co as PSBank employees who certified
that the subject vehicle is now fully paid (Copy of the
Identification Cards of Rosana F. De Vera and Emmanuela R.
Co are hereto attached as Annexes “G” to “H”, respectively). He
also presented Certification of Full payment issued by the
PSBank proving that the subject vehicle is now fully paid which is
hereto attached as Annex “I”. All of this representation made me
believe that what Kelvin is selling is a legitimate vehicle. Hence, we
agreed that I shall buy the subject vehicle in the amount of
Php1,135,000.00 cash;

e. On July 1, 2023, me and Kelvin met at One Oasis

Condominium, Ortigas Extension, Pasig City. During that day, I
was accompanied by my nine (9) year old child. We went inside a
certain room of the said condominium located at the third floor. I
assumed that he is the owner of the said room as he has his own
key to the said room;

f. Inside the condominium room we transacted the

sale. Me and Kelvin both signed the necessary legal documents.
After signing and handing over of the papers of the subject vehicle, I
handed over the Php1,135,000.00 cash to Kelvin. Afterwards,
Kelvin handed over the key of subject vehicle and after that I went
home driving the subject vehicle;

(Copy of the Deed of Absolute Sale of Motor Vehicle,

and Cancellation and Release of Chattel Mortgage is hereto
attached as Annexes “J” and “K”, respectively);
 (Photo of the transaction together with Kelvin
Cancejero Catañeda is hereto attached as Annex “L”);

g. Last July 3, 2023, in order to make sure that my

transaction with Kelvin is legitimate, I went personally to PSBank to
inquire. I was shocked that when I went to PSBank, they told me
that they do not have an employee named Rosana F. De Vera and
Emmanuela R. Co. That the identification cards that Kelvin showed
to me are not legitimate identification cards of PSBank;

h. Due to the gravity of what I learned, I also went to

the Land Transportation Office and said office confirmed to me that
the driver’s license number presented to me is not owned by one
Kelvin Concejero Castañeda;

i. I called the number of Kelvin, or who I thought is

Kelvin, whom I had a transaction with at One Oasis Condominium.
He is using the phone numbers: 09958008586 and 09455664281.
To my dismay, the numbers are no longer ringing or reachable. I
texted the numbers but no response as well. At that point, I am no
longer sure if the one who I transacted with at One Oasis
Condominium is really Kelvin Cancejero Catañeda;

j. I went back to the One Oasis Condominium to ask

for a copy of the CCTV footage when I transacted the sale with
Kelvin. Unfortunately, One Oasis Condominium only gave me
reasons on top of reasons of why they cannot give me a copy of the
CCTV footage. I explained to them that I need it in order to file the
necessary case against Kelvin but they ignored my plea. I realized
that the said condominium may also be an accomplice in the crime
of Kelvin. Hence, by reason of logic, One Oasis Condominium must
also be included as conspirator to the crime;

k. I tried to reach out to other agents in the facebook if

they know the whereabouts of Kelvin or if they know who really is
the owner of the subject vehicle. While I was doing my own
investigation, a woman called be bearing the phone number
09273313059 and told me that she is the wife of Kelvin. Later on,
she threatened me that she will file a case against me because she
is claiming that Kelvin, her husband, with fraud and intimidation
took the subject vehicle from her while the subject vehicle is under
a rent-a-car contract for a certain company;
 l. All of this happened in one instant and I could no
longer bear the frustration and disappointment of the fact that my
hard earned money was used to buy a maliciously tainted vehicle
with the possibility that the said vehicle will also be later on taken
from me;

2. I was told that to be liable for Estafa under Article 315 (2)
(a) of the Revised Penal Code in relation to violation of Section 6 of
Republic Act No. 10175, the following elements must concur:

(a) that there must be a false pretense or fraudulent

representation as to his power, influence, qualifications,
property, credit, agency, business or imaginary transactions;

(b) that such false pretense or fraudulent representation was

made or executed prior to or simultaneously with the
commission of the fraud;

(c) that the offended party relied on the false pretense,

fraudulent act, or fraudulent means and was induced to part
with his money or property;

(d) that, as a result thereof, the offended party suffered

damage;

(e) finally, if the above mentioned acts are done to abuse

confidence of the offended party or to defraud the latter by
utilizing cyber space, the same shall be in violation of RA No.
10175;

3. In the present case, all of the elements of Estafa in

relation to Cybercrime are evidently present. The one I transacted
with at One Oasis Condominium who I first met and transacted
with at Facebook Market Place represented himself as Kelvin
Cancejero Catañeda who owns the subject vehicle orange
Mitsubishi Strada bearing plate number DAR2804. Armed with
identification cards and other related documents relating to the
subject vehicle, he transacted the sale with me where I paid and
personally handed the amount of Php1,135,000.00. Were it not
because of such representations that the subject vehicle and
transaction is legitimate, I would have not paid and handed the
amount of Php1,135,000.00;
 4. Now, I have known that the PSBank employees’
identification cards and even the driver’s license used were all
spurious and were only used to deceive me that the subject vehicle
and sale transaction is legitimate. That I am not even sure that the
person whom I transacted with is really Kelvin Cancejero Catañeda.
All of these misrepresentations and deceit combined I was damaged
to the amount of Php1,135,000.00;

5. I am praying that the scales of justice be tilted in my

favor by concluding that the actions of KELVIN CONCEJERO
CASTAÑEDA, of legal age, married, Filipino and with address at
Purok 1 Oples, Nagcarlan, Laguna and ONE OASIS CONDOMINIUM
AS REPRESENTED BY ITS PRESIDENT OR ANY AUTHORIZED
REPRESENTATIVE, a juridical entity with address at Ortigas
Extension, Pasig City, Philippines of the crime of Estafa defined and
penalized under Article 315 (2) (a) of the Revised Penal Code in
relation to violation of Section 6 of Republic Act No. 10175 also
know as “Cybercrime Prevention Act of 2012” or other criminal
action deemed fit by this Honorable Office.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this __________________ at Echague, Isabela.

MARLON O. SALINAS
Affiant

SUBSCRIBED AND SWORN to before me this

__________________ at Echague, Isabela. Affiant has exhibited to me
his Identification Card bearing his picture and signature as
competent proof of his identity.

Doc No.
Page No.
Book No.
Series of 2023