Man who allegedly deceived mall mgmt charged

A man is facing criminal charges before a trial court for allegedly defrauding a mall management in Cebu City and refusing to return items amounting to more than P2 million.

The Cebu City Prosecutor's Office found sufficient ground to hold Floyd Salazar for trial for estafa after he allegedly failed to return the fixtures, furniture and equipment owned by Robinsons Convenience Store Inc. (RCSI) despite several demands.

"The herein accused (Salazar) closed the store and took all the fixtures and equipment, with deliberate intent, with intent to gain, did then and there misappropriate, misapply and convert into his own personal use and benefit the above mentioned items, and despite repeated demands made upon him to comply with his obligation, he failed and refused, and up to present time still fails and refuses to do so, to the damage and prejudice of Robinsons' Convenience Store Inc.," read part of the Information of the prosecution office.

The case stemmed from the complaint filed by Fred Jaculan, operations manager of Robinsons Convenience Stores, Inc.

Jaculan alleged that in December 2012, Salazar entered into a franchise agreement with RCSI for the establishment and operation of Ministop convenience store at Mango Square, with the agreement that such items should not be removed from the establishment without knowledge and consent of RCSI.

RCSI prepared the store and placed necessary properties, fixtures and equipment for the operation of the store.

In September 2015, Jaculan discovered that the Ministop store was closed and abandoned by Salazar, who also took the properties from the store.

Under their franchise agreement, Salazar is obliged not to close or abandon the store without RCSI's knowledge and not to remove the items without RCSI's consent.

In his counter-affidavit, Salazar explained that he did not return the properties to RCSI when he was evicted from Mango Square because he wanted to compel them to a meeting so they can explain why they have not remitted his profit share since May 2015.

The prosecution office, however, said the act of Salazar constitutes estafa with abuse of confidence by refusing to return the properties despite the obligation to return them.

It noted that RSCI reposed upon Salazar trust and confidence that he will fulfill his obligation of ensuring that the properties shall be used exclusively for the store's operation.

"Therefore, the undersigned finds that his adamant refusal despite demand to return the items for reasons known only to him is sufficient proof to establish estafa," reads the resolution of Prosecutor Gandhi Truya.