1

Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR
PASIG CITY

ARNOLD L. CO,
Complainant,

- versus - NPS DOCKET NO. _____________

FOR: Estafa

DR. BENIGNO B. ROBENIOL,

Respondent.
x-------------------------------------------------------x

COMPLAINT-AFFIDAVIT

I, ARNOLD CO, Filipino, of legal age, married and with address at

1201 Tektite West Tower, Philippine Stock Exchange, Ortigas Center, Pasig
City; Metro Manila, Philippines, after being sworn in accordance with law,
hereby depose and state that:

1. Respondent DR. BENIGNO B. ROBENIOL (hereafter “DR.

ROBENIOL”), is a Filipino, of legal age, married and with residence address
at Poblacion Baro, Asingan, Pangasinan;

2. Sometime in August 2018, DR. ROBENIOL sought my financial

assistance regarding certain real properties of the late Col. Luciano Paz, Sr.
that allegedly required financial consideration to enable him to pay overdue
real estate taxes with the Treasurer’s Office of the City of Manila, as well as,
defray court and other expenses to secure the issuance of real property titles
thereto;

3. DR. ROBENIOL further represented that he had the power, influence

and network to secure the issuance of the mother title over a vast tract of land
in favor of the late Col. Luciano Paz that would require court action and
administrative processes while making assurances that my investment will
earn interest aside from being appointed as the exclusive broker for the titles
to the properties that will be derived from the mother title of the late Col.
Luciano Paz;
 2

4. DR. ROBENIOL represented and assured that simultaneous to and/or

contemporaneous to the release of the financial assistance to him, he will issue
and deliver the corresponding postdated checks to cover and pay for said
amount which will be sufficiently funded on its due dates or dates of maturity,
in addition to paying me the interest thereon plus, an additional 100%
premium of such financial assistance;

5. On account of and by reason of such representations, assurances and

pretenses, I extended and gave financial assistance on several occasions to
DR. ROBENIOL, the total amount of which is THREE MILLION NINE
HUNDRED FIFTY THOUSAND PESOS (PHP3,950,000.00);

6. Simultaneous to the issuance of each and every check that I issued,

DR. ROBENIOL issued the following postdated checks drawn from his
account with the United Coconut Planters Bank, Urdaneta Branch, Alexander
St., Urdaneta City, Pangasinan:

a) UCPB Check No. URD 0007396192 dated August 26, 2018, covering
the amount of PHP200,000.00;

b) UCPB Check No. URD 0007396192 dated August 26, 2018, covering
the amount of PHP200,000.00;

c) UCPB Check No. URD 0007305086 dated December 13, 2018,

covering the amount of PHP1 million;

d) UCPB Check No. URD 0007305087 dated December 13, 2018,

covering the amount of PHP1 million;

e) UCPB Check No. URD 0007305088 dated December 13, 2018,

covering the amount of PHP200,000.00;

f) UCPB Check NO. URD 0007305089 dated December 26, 2018,

covering the amount of PHP 250,000.00;

g) UCPB Check No. URD UCPB Check NO. URD 007305090 dated
December 26, 2018, covering the amount of PHP250,000.00;

h) UCPB Check NO. URD 0007305091 dated December 26, 2018,

covering the amount of PHP50,000.00

i) UCPB Check NO. URD 007423401 dated January 15, 2019, covering
the amount of PHP500,000.00; and

j) UCPB Check No. 0007423402 dated January 15, 2019, covering the
amount of PHP500,000.00.
 3

7. Upon presentment for payment of all the above-cited checks, the same
were dishonored by the drawee bank for the reason “ACCOUNT CLOSED”.

Photocopies of these checks are attached hereto and made integral parts
hereof as ANNEXES “A”, “B”, “C”, “D”, “E”, “F”, “G”, “H”, “I”, and
“J”, respectively;

8. Moreover, upon verification, I found out that contrary his assurances,

representations and pretenses, DR. ROBENIOL never filed nor caused to be
filed any court action to validate the alleged mother title of the late Col.
Luciano Paz;

9. Neither did DR. ROBENIOL pay or caused to be paid any real

property tax on said alleged property with the Treasurer’s Office or Assessor’s
Office of the City of Manila;

10. Despite repeated verbal demands, DR. ROBENIOL failed and

refused and, still fails and refuses to either replenish the checks that he issued
that were all dishonored by the drawee bank for the reason “ACCOUNT
CLOSED” or pay for all the amounts covered by the checks that I had issued
payable to his name and order;

11. On May 18, 2019, a formal Demand Letter dated May 8, 2019 was
personally served on DR. ROBENIOL at his given residence address at
Poblacion Baro, Asingan, Pangasinan.

A copy thereof is attached hereto and made an integral part hereof as

ANNEX “K”.

A copy of the Affidavit of Service is also attached and made an integral

part hereof as ANNEX “L”;

12. The fraudulent acts, representations and false pretenses of DR.

ROBENIOL in making assurances, representations and pretenses that he had
the power, influence and the network are tantamount to and constitute the
criminal offense of Estafa which is punishable under paragraph 2 (a) Article
315 of the Revised Penal Code.

13. Moreover, the acts of DR. ROBENIOL in postdating a check or

issuing a check in payment of an obligation when he had no funds in the bank
(“Account Closed”) is prima facie evidence of deceit constituting false
pretense or fraudulent acts under paragraph 2 (d), Article 315 of the Revised
Penal Code;

14. I am executing this Complaint-Affidavit to attest to the truth and

veracity of all the foregoing for the purpose of charging DR. ROBENIOL with
the criminal offense Estafa as provided under and in relation to paragraphs 2
(a) and (d) of Article 315 of the Revised Penal Code.
 4

15. Upon a preliminary determination of probable cause and owing to

the high probability that respondent will depart from the Philippines to evade
arrest and prosecution of crime against him being a medical practitioner with
easy access to travel abroad and thereby render nugatory the proceedings
herein, it is respectfully moved and prayed that the investigating prosecutor
file an application in the name of the People of the Philippines for a
precautionary hold departure order (PHDO) with the proper regional trial
court.

IN WITNESS WHEREOF, I have hereunto set my hands this _______

day of July 2019 at Pasig City, Metro Manila, Philippines.

ARNOLD L. CO
Affiant

SUBSCRIBED AND SWORN to before me, this _______ day of July

2019 in Pasig City. I hereby CERTIFY that I have personally examined the
Affiant and I am satisfied that he voluntarily executed and understood the
contents of his Complaint-Affidavit.

ASSISTANT CITY PROSECUTOR