Cigarette distributor sues customer

CEBU, Philippines – A man has been indicted for estafa charges for allegedly not paying for or turning over the proceeds from the sale of nearly P150,000 worth of cigarette products.

The Office of the Cebu City Prosecutor found probable cause to indict Sonny Delos Reyes, resident of Barangay Labangon, Cebu City, in relation to case filed against him by Premier Genesis Pilipinas Corp.

Prosecutor III Anna Lou Fernandez-Cavada held Delos Reyes for trial after the latter failed to answer the allegations filed against him.

Cavada recommended P40,000 bail for Delos Reyes' temporary liberty.

According to Cadava's resolution, the elements of estafa were present in the case.

"It appears that respondent received assorted cigarette products from (the corporation). The respondent was under the obligation to turn over to complainant the proceeds of the sale of said cigarette products, as well as to return unsold items, if any," read the resolution.

The firm, represented by Carlos Alejandro, has claimed that Delos Reyes was their former customer who received assorted cigarette products from them amounting to P149,020.

Alejandro said the accused was under obligation to pay or return any proceeds of the sales based on the agreed price and to return unsold goods to the corporation within 15 days from receipt.

However, Delos Reyes reportedly failed to comply with his obligation, thus causing damages and prejudice on the part of the corporation.

"The complainant averred that demands were made on respondent (accused) but the same proved futile as the latter failed to heed said demands," the resolution read.

Cavada also directed accused to file his counter-affidavit and other evidence to negate the allegations filed against him. However, Delos Reyes failed to submit the same.

Thus, Cavada resolved the complaint based on the evidence of the complainant.

"Respondent (accused) failed to remit the proceeds of the sale and instead misappropriated the same to his own benefit. The non-remittance of the sales/return of the unsold items resulted to the damage of complainant in the amount of P149,020," the resolution read. (FREEMAN)