This case has been cited 3 times or more.
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2008-02-18 |
VELASCO JR., J. |
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| The elements of the crime of estafa under Art. 315, par. 2 of the RPC are: (1) the accused made false pretenses or fraudulent representations as to his power, influence, qualifications, property, credit, agency, business, or imaginary transactions; (2) such false pretenses or fraudulent representations were made prior to or simultaneous with the commission of the fraud; (3) such false pretenses or fraudulent representations constitute the very cause which induced the offended party to part with his money or property; and (4) as a result thereof, the offended party suffered damage.[17] | |||||
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2006-06-30 |
YNARES-SANTIAGO, J. |
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| In all criminal cases, mere speculations cannot substitute for proof in establishing the guilt of the accused.[25] When guilt is not proven with moral certainty, it has been our policy of long standing that the presumption of innocence must be favored, and exoneration granted as a matter of right.[26] | |||||
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2004-08-12 |
PANGANIBAN, J. |
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| d. That as a result thereof, the offended party suffered damage."[30] | |||||