LA TRINIDAD, Benguet – The Regional Trial Court (RTC) Branch 63 downgraded the syndicated estafa charges earlier filed against several officers of the controversial Satarah Wellness Marketing after finding probable cause in the filing of a case of simple estafa against them.
In a 10-page order, Judge Jennifer P. Humiding ordered the recall of the non-bailable warrants of arrest issued against Romyllie Batolne-Lau, Michael Keryao and Jerson Cataluna and re-issued new warrants for them setting their bail at P200,000 each.
The court directed the warrant officers to immediately serve the warrants of arrest and make a return to the court immediately for the setting of the hearing of the case.
For lack of probable cause, the court dismissed the charges against Brigitte Batolne, Ruby Batolne, Wing Pan Heinrich Lau and Ha Lai Jennifer Lau and ordered the warrant of arrest issued against them set aside.
The accused argued that Romyllie, Brigitte, Ruby, Wing Pan and Ha Lai Jennifer were the incorporators of the Satarah Investment Group, Inc. and Romyllie is at the same time the sole proprietor of the Satarah Wellness Marketing and that the Securities and Exchange Commission (SEC) issued a cease and desist order only against Satarah Wellness Marketing.
The accused further alleged that the syndicated esfata filed by the prosecution against them are topsy-turvy and that the Satarah Investment Group was never issued in the solicitation of investments as shown in the affidavit-complaint and the cards used and all the attached documents.
The court pointed out to the mind of the ordinary man which is the gauge upon which to base probable cause only, the circumstances of the case manifest an indicia of deceit which is the false representation of a matter of fact whether by words or conduct, by false or misleading allegations, whereby concealment of that what should have been disclosed which deceives or is intended to deceive another so that he shall act upon it to his legal injury.
The order added conceivably, the failure of Satarah Wellness and Siobhann to return the promised returns of the complainants investments constitutes deceit considering that they were induced to part with their money because of the false presence, fraudulent act, or fraudulent means employed by the accused.
The court found that only accused Romyllie, Michael and Jerson may be charged for their direct dealings and acts in inducing the complainants to part with their money considering that Romyllie is the proprietor of Satarah Wellness as duly admitted and indicated in the unsigned promissory note as without her and her sole proprietorship, the entire scheme would not have been designed and perpetrated.
The court underscored the finding of probable cause is grounded on fraud committed through deceit which surrounded the transactions of the accused with the private complainants, thus, violating Article 315 (2)(a) of the Revised Penal code and it is neither their act of investing money and not paying them nor their denial thereof, but their very act of deceiving the private complainants in order for the latter to part with their money.
The order stated there is nothing in the complaints or in the documents attached to show that Satarah Wellness solicited funds from the public. By HENT
