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ROBERTO FERNANDEZ v. PEOPLE

This case has been cited 3 times or more.

2008-02-18
VELASCO JR., J.
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]
2006-06-30
YNARES-SANTIAGO, J.
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]
2004-08-12
PANGANIBAN, J.
d. That as a result thereof, the offended party suffered damage."[30]