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Repost: Regional Trial Court of Malita, Davao Occidental Clears Draco Builders Executives, Miguel and Nicole Syjuco, of Estafa Charges

Source: www.manilatimes.net

The Regional Trial Court (RTC) of Malita, Davao Occidental has cleared Draco Builders executives Miguel and Nicole Syjuco of estafa charges over a Davao housing project.

Malita RTC Branch 20 presiding Judge Mylene Anito-Guhiling, in an order dated Sept. 12, 2025, granted the joint motion of the private complainant and the Syjuco spouses through their respective counsels.

Perusal of the records showed that the private complainant executed an affidavit of desistance which declared that he is no longer interested to pursue the case against the couple.

“Wherefor, above premises considered, the Joint Motion to Dismiss is hereby granted,” the order read.

Earlier, the Department of Justice (DoJ) also junked the estafa complaint for lack of probable cause to indict the respondents of the crime of estafa.

“Wherefore, in view of the foregoing, the petition for review is granted. The Resolution dated 14 June 2024 is hereby reversed and the complaint for estafa under Article 315, paragraph 1(b) of the Revised Penal Code, as amended, in relation to Section 1, paragraph 2, of Presidential Decree No. 1689 is hereby dismissed for insufficiency of evidence,” the resolution, signed by then-Justice secretary Jesus Crispin Remulla, read.

The case stemmed from an agreement entered into by the complainant and respondents for the construction of a housing project in Davao City amounting to P200 million to which only a minimal down payment was made for the design fee, which was complied with by the respondents. No other payment was made for the project thereafter. TMT

The complainant demanded from the respondents to return the design fee but the DOJ said the down payment cannot be considered as money received in trust for the complainant.

It said that the respondents have no duty to return the down payment since it was received as partial consideration for the construction agreement.

Based on its findings, the DOJ submits that the nature of the construction agreement between the parties negates the probability that the crime of estafa by misappropriation was committed.

It also pointed out that the construction agreement clearly shows that the liability of the respondents in case of nonperformance of the contractual obligation, should there be any, is purely civil in nature and not criminal.

The Manila Times tried to ask for a comment from the Syjucos but the couple refused.

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