CONTROVERSY continues to hound Cebu City Councilor Gerardo “Gerry” Carrilo.
Carillo, who was recently embroiled in a bar brawl, is facing a new criminal charge for allegedly duping a British national into investing in a “fictitious” business venture.
Geoffrey Fielding filed Thursday an estafa complaint before the Office of the Cebu City Prosecutor, accusing Carillo of “misappropriating for his own gain” about P 2.75 million, which he allegedly gave the councilor.
“Mr. Carillo had no intention of making it (money) an investment in the ice business and that he is merely using the money to uplift his own living,” said Fielding in his affidavit prepared by lawyer Rex Fernandez.
Fernandez told Sun. Star Cebu in a text message that Carillo had yet to reimburse the amount to his client, as of press time yesterday.
Fernandez and Carillo, both alumni of the University of San Carlos College of Law, were partners in the law office until they parted ways in 1998.
Carillo, for his part, denied accusations he defrauded or misrepresented the tourist.
“It (the complaint) has no basis in law and in fact because Voda Ice venture is an existing business. It is registered as a tube ice distribution,” he said.
Proper accounting process
He said he and Fielding started the business in 2012. “I told him (Fielding) the idea about the ice business and he seemed to agree (with) the potential of an ice business.”
Carillo said he put up 60 percent of the money, while Fielding covered the rest.
But the councilor said Fielding later pulled out because of insufficient funds.
He said Fielding told him he would secure financial backing.
“The business is existing. We are supplying ice to the restaurants and bars,” Carillo said.
If Fielding wants to withdraw his investment, he has to go through the proper accounting process instead of filing a case, Carillo said.
He said Fielding understood that the money he invested would be used to buy equipment and vehicles, among others.
Carillo said he bought an ice maker worth around P5 million, a reverse osmosis machine and several other machines “so the business will stand.”
While he respects Fielding’s decision to withdraw his investment, Carillo said they need to liquidate expenses.
Noel Archival, Carillo’s lawyer, questioned the timing of the filing of the complaint.
“This case is filed in the hope that Carillo might be blackmailed because of the bad publicity of the case that he was defrauding somebody,” Archival said.
Archival said Fielding is “throwing (away) his P2.7 million because we will file a counter suit (that is) more than his investment.”
In his affidavit complaint, Fielding said he met Carillo in 2011 after the councilor approached him about investing in a business venture, particularly in a tube ice
business called Voda Ice.
Profit assurance
Fielding said he was made to believe Voda Ice already existed as a legitimate entity and was earning.
To convince him, Fielding said Carillo brought him to the councilor’s accountant Roger
Salili, who is reportedly a bank inspector.
“I was fully convinced at that time of the meeting that what I was entering into was
an existing and profitable business,” the British national said.
He said Carillo assured him that he would get P280,000 as profit every month if he put in P1.75 million.
He said he was told he would get his money back in two years.
The councilor later drafted an undated “Partnership Agreement” signed by both partners.
Fernandez, however, said Carillo never intended to comply with it.
He said Carillo never allowed Fielding to inspect the books, or give him periodic reports.
“But to you, my client was never a partner, but a milking cow to be dispatched after it has spent itself,” Fernandez said.
Carillo allegedly continues to ignore Fielding’s plea to return his money.
The amount invested by Fielding was almost all his free capital, Fernandez said, adding that his client relied on this money to cover his daily expenses.
Fernandez asked Carillo to return the P2.7 million, including 12 percent interest per year and 20 percent attorney’s fees within five days from receipt of the demand letter.
Cebu City Councilor Gerardo
Carillo faces new complaint
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