By Felipe V. Celino
The criminal complaints filed by the National Bureau of Investigation (NBI)-6 regional office against the alleged chief executive officer (CEO) of an investment scheme here and her alleged cohorts were dismissed due to insufficiency of evidence and lack of probable cause.
In a 16-page resolution dated April 8, 2021 but officially released April 13, the Iloilo City Prosecutors Office ordered the dismissal of the criminal complaints against Junelyn Obamos Gregorio and her alleged cohorts namely Arnel B. Gemoto, Jessie Barriatos, Romeo Hernaez, Pio Castillanes and Grace Ichon.
The respondents were charged for syndicated estafa under Article 315(2)(a) of the Revised Penal Code in relation to Presidential Decree No. 1689 in relation to the cybercrime Prevention Act of 2012.
“Wherefore, based on the foregoing, the undersigned recommends the following: that the complaint filed against the respondents Gregorio, Gemoto, Barriatos, Hernaez, Castillanes and Ichon, involving the crime of syndicated estafa (PD1689) be dismissed for lack of probable cause and that complaint against all respondents for crime of violations of Section 8.1 of the Securities and Regulations Code and its implementing rules and regulation, in relation to the cybercrime prevention (R.A. No. 10175), be dismissed for lack of probable cause,” the resolution read.
Atty. Ferdinand E.V. Jomilla, counsel for the respondents, said the bases for the dismissal were:
(1) lack of jurisdiction over the syndicated estafa crime (PD1689) allegedly committed by Gregorio and her co-respondents, and
(2) the improper filing of the alleged violations of the Securities Regulation Code.
Jomilla, however, refused to elaborate due to the pendency of other related criminal charges against his clients.
But since Gregorio was allegedly caught during the entrapment operation receiving P5,000 from complainant Franz Keith Villanueva as “pay-in” or investment money, she will be charged only with simple estafa under Article 315 par. 2(a) of the Revised Penal Code, which is a bailable offense.
Gregorio was nabbed in an NBI-led entrapment operation on March 3, 2021 in an apartment-cum-pension house in Molo, Iloilo City.
During the inquest proceedings conducted by the Iloilo Prosecutors Office last March 4, 2021, Gregorio and her co-respondents, whom Jomilla also assisted, asked for more time to submit their respective counter-affidavits and to avail of the regular preliminary investigation under Article 112 of the same procedural law.
The inquest prosecutor granted their request and gave them 10 days from said date prior to the conduct of the preliminary investigation and clarificatory hearing on April 5, 2021.
